Regulation 9
Collection of debt must be pursuant to written agreement
of Debt Collection (General) Regulations 2023
Subregulation 1
A licensee must ensure that every debt that the licensee collects is pursuant to a written agreement between the licensee and the creditor of the debt, which must state the matters mentioned in paragraph (2).
Subregulation 2
For the purposes of paragraph (1), the matters are —
where the creditor engages the licensee to collect a particular debt —
that the creditor engages the licensee to collect the debt for the creditor;
the amount of the debt;
the identity of the debtor; and
the fees or charges payable by the creditor to the licensee for collecting or attempting to collect the debt, or the manner of calculating the fees or charges; or
where the creditor engages the licensee to collect a series of debts, a class of debts or debts generally —
that the creditor engages the licensee to collect the series of debts, class of debts or debts generally (as the case may be) for the creditor; and
either of the following, whichever is applicable:
the fees or charges payable by the creditor to the licensee for collecting or attempting to collect the series of debts, class of debts or debts generally (as the case may be), or the manner of calculating the fees or charges;
the fees or charges payable by the creditor to the licensee for collecting or attempting to collect each debt within the series of debts, class of debts or debts generally (as the case may be), or the manner of calculating the fees or charges.
Subregulation 3
A licensee who contravenes paragraph (1) shall be guilty of an offence.