Regulation 14
Requirements to be satisfied before debt may be collected
of Debt Collection (General) Regulations 2023
Subregulation 1
A licensee or a debt collector of a licensee must not collect or attempt to collect any debt from any person (called in this regulation the alleged debtor) unless —
there is a valid written agreement mentioned in regulation 9(1) between the licensee and the creditor of the debt;
the licensee obtains from the creditor of the debt a copy of the loan agreement or any other document that evidences the debt between the debtor and creditor;
the licensee or debt collector has taken all measures that are reasonable and necessary to ascertain that the alleged debtor is the debtor of that debt; and
where the debt collection activity involves any communication with the alleged debtor, the debt collector has produced his or her approval letter or a physical copy or an electronic copy of the approval letter to the alleged debtor.
Subregulation 2
Without limiting paragraph (1)(c), the licensee or debt collector must —
take all measures that are reasonable and necessary to ascertain that the alleged debtor is the person specified in the loan agreement or document mentioned in paragraph (1)(b) as the debtor before the licensee or debt collector conducts any debt collection activity; and
where the creditor has provided the licensee or debt collector with a photograph or other similar means of identifying the debtor — ascertain the identity of the alleged debtor using the photograph or other means before the licensee or debt collector conducts any debt collection activity.
Subregulation 3
A person who contravenes paragraph (1) or (2) shall be guilty of an offence.