What New Zealand debt collection staff can and can't do, 10 things you must know
First came a New Zealand steel-like law on debt collection: debt collectors can only contact the person (or entity) being pursued if necessary and for reasonable reasons.
What is a reasonable reason? Reasonable reasons include:
The debtor is required to pay off the debt
Create or review a repayment plan
Find out why the party being pursued has not followed the agreed repayment plan
The debt collector can only "visit" the debtor through the debtor's address if he is unable to contact the debtor by telephone, mail or e-mail, i.e., if the debt collector contacts the debtor by telephone or e-mail, it is illegal for the collector not to come to the door to collect the debt unless the debtor has personally agreed to "talk to the door"
The following laws must be observed whether the debt collector is entrusted, whether he or she has purchased non-performing debts to collect them in person as a creditor, or if the debt of the creditor who has been collected has been fined:
When dealing with the collection party or his or her family, you may not use unreasonable harassment or disturbance to exert pressure on the debtor
You may not force your way into a house or garage
In the absence of a real legal justification, words are used to deceive, induce, or initiate court action against the debtor
Special circumstances may not be used for collection in cases where the debtor is physically injured or disabled
Information about the debtor's debts may not be shared with his colleagues, family and friends without the debtor's consent
Accurate information can and must be provided to credit reporting agencies and no false information may be provided (e.g., debt figures in excess of actual arrears)
If the "debt collector" (the party who owes the money) discovers any of the above-mentioned misconduct by the debt collector, he or she can immediately call the police and let the police expel the debt collector.
If the debt is challenged by the party who is being held to be inaccuracies (or if you have filed for a debt distress-bankruptcy application), the debt collector must stop collecting claims until these issues are resolved.