Frequently Asked Questions

Frequently asked questions provide more information about debt collection

Debt collection is legal as a result of the Debt Collectors Act 114 of 1998 that led to the establishment of the Council. Frequently asked questions provide more information about debt collection and related matters that you should know.

Who is a debt collector?
A debt collector is any person or company other than an attorney or his employee who for reward collects debts owed to another on the latter’s behalf. Property Managers who collect arrear rent or levies are also debt collectors.
Must a debt collector be registered?
All debt collectors must register with the Council for Debt Collectors in order to operate. Failure to register before collecting a debt is a criminal offence.
How do I know if the person contacting me is a debt collector?
All debt collectors must produce proof of registration, on request.
What does a debt collectors do?
They collect debts owed to another, by mail, phone or in person. They may deliver documents and may even have an acknowledgement of debt signed.
Who regulates the debt collector’s actions?
The Council monitors the actions of debt collectors ensuring that their actions comply with the code of conduct for debt collectors and further ensuring that they charge only those fees allowed by the Act.
What should I do if a debt collector contacts me?
  • Make sure he or she is registered. Contact the Council for clarification if necessary
  • Listen carefully to what he or she says
  • When in doubt obtain legal advice or approach the Council.
What rights do debt collectors have?
  • They have the right to contact you for the payment of a debt.
  • They have the right to charge the prescribed fees for the work done in collecting a debt.
What rights do I have?
  • The right to obtain legal advice before signing anything. In the legal world your signature on a document like for instance an acknowledgement of debt can have serious financial consequences
  • To be treated with dignity at all times
  • The right to confidentiality
  • The right not to be contacted before 6 in the morning or after 9 in the evening, or on a Sunday
  • The right not to be harassed, humiliated, embarrassed or threatened
  • To receive a statement should you request one free of charge once every six months.
What to do if you have a complaint against a debt collector?
  • All complaints must be in writing and under oath.
  • If you have a complaint against the actions or conduct of a debt collector or are unsure of your rights:

Contact
The Council for Debt Collectors
PO Box 35629
Menlo Park, 0102
Tel: 012 804 9808 Fax: 012 804 0744
Email: info@cfdc.org.za

Contact

Our Telephones
Tel: 012 804 9808
Fax: 012 804 0744

Office Address
310 Brooks Street, Menlopark, Pretoria, 0081

Our Email
info@cfdc.org.za

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