Regulation 15
Prohibition against collecting debt under certain circumstances
of Debt Collection (General) Regulations 2023
Subregulation 1
A licensee or debt collector of a licensee must not collect or attempt to collect any debt from any person (called in this regulation the alleged debtor) if —
the debt is the subject of court proceedings that have commenced but have not concluded, and the alleged debtor has given written notice to the licensee stating that the debt is the subject of the court proceedings; or
the alleged debtor has given written notice to the licensee that the alleged debtor is not the debtor of the debt and another person (called in this regulation the impersonator) had impersonated the alleged debtor in incurring the debt or had forged the loan document.
Subregulation 2
For the purposes of paragraph (1)(a), the written notice mentioned in paragraph (1)(a) must be given by the alleged debtor to the licensee in one of the following ways:
by delivering it personally to the licensee;
by prepaid registered post to the last postal address of the licensee;
if the licensee has given consent to corresponding with the alleged debtor by email — by sending it to the last email address of the licensee.
Subregulation 3
For the purposes of paragraph (1)(b), the written notice mentioned in paragraph (1)(b) —
must state —
the alleged debtor is not the debtor of the debt and the impersonator had impersonated the alleged debtor in incurring the debt or had forged the loan document; and
either —
a police warning has been issued to the impersonator after investigations into the matter mentioned in sub‑paragraph (i) have been completed; or
the impersonator has been charged in court for an offence of cheating under section 417, 419 or 420 of the Penal Code 1871 or an offence involving forgery under Chapter 18 of the Penal Code 1871, in respect of the matter mentioned in sub‑paragraph (i); and
must be given by the alleged debtor to the licensee in one of the following ways:
by delivering it personally to the licensee;
by prepaid registered post to the last postal address of the licensee;
if the licensee has given consent to corresponding with the alleged debtor by email — by sending it to the last email address of the licensee.
Subregulation 4
Despite paragraph (1)(a), a licensee or debt collector of a licensee is not prohibited from collecting or attempting to collect the debt from the alleged debtor on or after either of the following dates (whichever is applicable):
the date on which the licensee receives legal advice that is given by an advocate and solicitor or a foreign lawyer who is registered under section 36B of the Legal Profession Act 1966, that the debt is not the subject of the court proceedings mentioned in the written notice;
the date on which the court proceedings are concluded.
Subregulation 5
Despite paragraph (1)(b), where the impersonator has been charged in court for an offence of cheating under section 417, 419 or 420 of the Penal Code 1871 or an offence involving forgery under Chapter 18 of the Penal Code 1871, in respect of the matter mentioned in paragraph (3)(a)(i) and the criminal proceedings are subsequently —
discontinued and the impersonator has not been issued a police warning in relation to the matter; or
concluded and the impersonator is not convicted or found guilty of an offence in respect of the matter,a licensee or debt collector of a licensee is not prohibited from collecting or attempting to collect the debt from the alleged debtor after the discontinuance or conclusion of the criminal proceedings.
Subregulation 6
For the purposes of this regulation —
any court proceedings mentioned in paragraphs (1)(a) and (4)(b) conclude —
if the court in those court proceedings has made a decision in relation to the dispute or settlement of the debt mentioned in paragraph (1)(a); and
on the occurrence of either of the following events, whichever is applicable:
where an appeal is made against the decision — the withdrawal or determination of the appeal;
where no appeal is made against the decision — the expiry of the period for making an appeal in respect of the decision; and
any criminal proceedings mentioned in paragraph (5) conclude —
if the court in those criminal proceedings has made a decision in respect of the matter mentioned in paragraph (3)(a)(i); and
on the occurrence of either of the following events, whichever is applicable:
where an appeal is made against the decision — the withdrawal or determination of the appeal;
where no appeal is made against the decision — the expiry of the period for making an appeal in respect of the decision.
Subregulation 7
A person who contravenes paragraph (1) shall be guilty of an offence.
Subregulation 8
In this regulation —
Definition
“advocate and solicitor” and “foreign lawyer” have the meanings given by section 2(1) of the Legal Profession Act 1966;
Definition
“last email address” means —
an email address of the licensee at which the alleged debtor corresponds with the licensee; or
if there is no such email address — an email address which the licensee represents to the alleged debtor as the email address to which communications to the licensee may be sent;
Definition
“last postal address” means —
the postal address of the licensee at which the alleged debtor corresponds with the licensee;
if there is no postal address mentioned in paragraph (a) — a postal address which the licensee represents to the alleged debtor as the postal address to which communications to the licensee may be sent; or
if there is no postal address mentioned in paragraph (a) or (b) — the usual or last known place of residence or business of the licensee;
Definition
“police warning” means a written notice that is issued by a police officer to a person, who is alleged to have committed, or was the subject of investigations into the commission of, a criminal offence, warning the person against engaging in any criminal activity.