Debt collector

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A list of the legislation Consumer Protection administers is available from the State Law Publisher . All Western Australian Acts and Regulations are also available for download in PDF or Word format from the State Law Publisher .
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usinesses and people working in certain industries must be licensed or registered with Consumer Protection. Abbreviations shown in brackets below represent the code for the type of licence. Motor vehicle industry Dealers (MD) Repairers (MR) Repair businesses (MRB) Salespeople (MS) Yard managers (MY...
Tradespeople
It is unlawful to use physical force, coerce or unduly harass someone about the supply of, or payment for, goods or services. Undue harassment means unnecessary or excessive contact or communication with a person, to the point where that person feels intimidated, tired or demoralised. Coercion...
Sales practices
When the debt relates to the provision of a financial service e.g. debts relating to credit card accounts, loans, finance provided by a finance company or fees for the provision of financial advice, the ASIC is responsible for dealing with misconduct associated with debt collection activity. When...
Complaints
Laws that apply to debt collectors Fair Trading Act 2010 This Act is based on the Trade Practices Act 1974 (Commonwealth) and mirrors its misconduct prohibitions. Unauthorised Documents Act 1961 This Act bans the design of collection letters of demand so that they resemble court documents...
Debt collector restrictions and conduct
Debt collection is a legitimate and necessary business activity that involves recovering payment from consumers for outstanding debts they are legally obliged to pay. A debt collector is a person who, on behalf of another person, collects or requests payment of debts. Debt collectors operating in...
Debt collector restrictions and conduct
The National Credit Code precludes collectors and creditors from entering onto residential premises to take possession of mortgaged goods without Court approval or written consent from the occupier of the premises. In addition the Criminal Code states a person who, without lawful excuse, enters a...
Repossessions
In Western Australia, the Fair Trading Act 2010 contains provisions that prohibit certain behaviour towards consumers. The joint ASIC-ACCC publication Debt Collection Guideline: for collectors and creditors outlines how the Fair Trading Act 2010 and other Commonwealth and Sate legislation applies...
Contact with debtors
The Debt Collectors Licensing Act 1964 sets out the licensing requirements for debt collectors operating in Western Australia and their duty to handle trust funds responsibly. Who needs a licence? Anyone who carries on the business of, exercises the functions of or in any way holds themselves out...
Becoming a debt collector

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