Contrary to what one might think,debt recovery<\/strong>is a real discipline that is subject tonumerous rules<\/a>. Thecollection companies<\/strong>are legally obliged to respect them. It is also important to stress that these rules and theseprohibited practices<\/strong>apply not to thecollection agencies<\/strong>but also, quite simply, to any person urging a debtor to settle hisunpaid debts<\/strong>amicably<\/a><\/strong>. \u00a0 \u00a0 \u00a0 They therefore apply to:<\/p>\n\n\n\n TCM lists and describes for you10 prohibited practices<\/strong>inamicable debt recovery<\/strong>.<\/p>\n\n\n\n Thecollector<\/strong>may notcreate the least confusion<\/strong>and must therefore be completely transparent as regards its capacity ofcollector of debts<\/strong>. More specifically, this means that any behaviour or written communication that might give the wrong impression of its being a document from an official or legal institution or from a lawyer is strictly forbidden. Thecollector<\/strong>must therefore give sign of recognition in its interactions with adebtor<\/strong>. \u00a0<\/p>\n\n\n\n Nuisance practices<\/strong>such as visits to the debtor’s home andtelephone calls<\/a>made between 20:00 and 08:00 hrs. are strictly prohibited. \u00a0<\/p>\n\n\n\n If a debtor has expressly made it known that he challenges the debt claimed from him (for reasons of proof we advise you to do this by registered letter) and has stated his reasons, he may not be harassed and the only solution of forrecovery<\/strong>would then belegal recovery<\/a>. For this it is of course necessary that the reasons given are well-founded and admissible in court. \u00a0<\/p>\n\n\n\n In order, among other things, torespect the debtor’s privacy<\/strong>it is also prohibited for a collection company to mention on the envelope sent to the debtor that the correspondence relates to recovery of a debt. \u00a0<\/p>\n\n\n\n Thecreditor<\/strong>orany person assigned to recover the debt<\/strong>may not confront the debtor with his debt in the presence of a third party without his prior consent. \u00a0<\/p>\n\n\n\n Thecollector<\/strong>also does not have the right to approach the family, neighbours or employer of the debtor to communicate or obtain information concerning the debtor’s solvency or recovery of the debt concerning him. \u00a0<\/p>\n\n\n\n This might appear obviousbut the collector is prohibited from attempting to recover an amount from a third party<\/strong>himself owing money to the debtor in question. For example, the creditor or the agent may not attempt to recover its debtor’s debts through his employer. \u00a0<\/p>\n\n\n\n In arecovery of a debt<\/a>, the amounts claimed by thecollector<\/strong>must have been initially agreed in the contract binding thecreditor<\/strong>to hisdebtor<\/strong>or provided for by the law. By way of example, the amounts claimed must be precisely specified and clearly determinable on simple reading of the contract of general sales conditions and accepted by the debtor. \u00a0<\/p>\n\n\n\n Any person urging thedebtor<\/strong>to settle his unpaid debtsamicably, or out of court<\/strong>does not have the right to use legal threats that he may not lawfully apply. By way of example, ifa collection company<\/strong>threatens to seize the debtor’s furniture while only abailiff<\/a>in possession of awrit of execution<\/a>could be authorized, it potentially exposes itself to heavy penalties. \u00a0<\/p>\n\n\n\n Thecollector<\/strong>does not have the right to demand that the debtor should sign atransfer of debt<\/a>or arecognition of debt<\/a>. Nor may he slyly camouflage it by linking it to a payment system. \u00a0 You understand thatrecovery<\/strong>is a closely regulated discipline inBelgium<\/strong>. Thecreditor<\/strong>or itsagent<\/strong>may not engage in “just any old practice” to collect the amount that the debtor owes him. The debtor’sprivacy<\/strong>and personal information are protected by law. It must however be said that this strict regulation has a positive impact ondebt recovery in Belgium<\/strong>, since the supervisory Authority has recorded only a negligible number of complaints in relation to the number of current files.<\/p>\n\n\n\n Contrary to what one might think,debt recovery<\/strong>is a real discipline that is subject tonumerous rules<\/a>. Thecollection companies<\/strong>are legally obliged to respect them. It is also important to stress that these rules and theseprohibited practices<\/strong>apply not to thecollection agencies<\/strong>but also, quite simply, to any person urging a debtor to settle hisunpaid debts<\/strong>amicably<\/a><\/strong>. \u00a0 \u00a0 \u00a0 They therefore apply to:<\/p>\n\n\n\n TCM lists and describes for you10 prohibited practices<\/strong>inamicable debt recovery<\/strong>.<\/p>\n\n\n\n Thecollector<\/strong>may notcreate the least confusion<\/strong>and must therefore be completely transparent as regards its capacity ofcollector of debts<\/strong>. More specifically, this means that any behaviour or written communication that might give the wrong impression of its being a document from an official or legal institution or from a lawyer is strictly forbidden. Thecollector<\/strong>must therefore give sign of recognition in its interactions with adebtor<\/strong>. \u00a0<\/p>\n\n\n\n Nuisance practices<\/strong>such as visits to the debtor’s home andtelephone calls<\/a>made between 20:00 and 08:00 hrs. are strictly prohibited. \u00a0<\/p>\n\n\n\n If a debtor has expressly made it known that he challenges the debt claimed from him (for reasons of proof we advise you to do this by registered letter) and has stated his reasons, he may not be harassed and the only solution of forrecovery<\/strong>would then belegal recovery<\/a>. For this it is of course necessary that the reasons given are well-founded and admissible in court. \u00a0<\/p>\n\n\n\n In order, among other things, torespect the debtor’s privacy<\/strong>it is also prohibited for a collection company to mention on the envelope sent to the debtor that the correspondence relates to recovery of a debt. \u00a0<\/p>\n\n\n\n Thecreditor<\/strong>orany person assigned to recover the debt<\/strong>may not confront the debtor with his debt in the presence of a third party without his prior consent. \u00a0<\/p>\n\n\n\n Thecollector<\/strong>also does not have the right to approach the family, neighbours or employer of the debtor to communicate or obtain information concerning the debtor’s solvency or recovery of the debt concerning him. \u00a0<\/p>\n\n\n\n This might appear obviousbut the collector is prohibited from attempting to recover an amount from a third party<\/strong>himself owing money to the debtor in question. For example, the creditor or the agent may not attempt to recover its debtor’s debts through his employer. \u00a0<\/p>\n\n\n\n In arecovery of a debt<\/a>, the amounts claimed by thecollector<\/strong>must have been initially agreed in the contract binding thecreditor<\/strong>to hisdebtor<\/strong>or provided for by the law. By way of example, the amounts claimed must be precisely specified and clearly determinable on simple reading of the contract of general sales conditions and accepted by the debtor. \u00a0<\/p>\n\n\n\n Any person urging thedebtor<\/strong>to settle his unpaid debtsamicably, or out of court<\/strong>does not have the right to use legal threats that he may not lawfully apply. By way of example, ifa collection company<\/strong>threatens to seize the debtor’s furniture while only abailiff<\/a>in possession of awrit of execution<\/a>could be authorized, it potentially exposes itself to heavy penalties. \u00a0<\/p>\n\n\n\n Thecollector<\/strong>does not have the right to demand that the debtor should sign atransfer of debt<\/a>or arecognition of debt<\/a>. Nor may he slyly camouflage it by linking it to a payment system. \u00a0 You understand thatrecovery<\/strong>is a closely regulated discipline inBelgium<\/strong>. Thecreditor<\/strong>or itsagent<\/strong>may not engage in “just any old practice” to collect the amount that the debtor owes him. The debtor’sprivacy<\/strong>and personal information are protected by law. It must however be said that this strict regulation has a positive impact ondebt recovery in Belgium<\/strong>, since the supervisory Authority has recorded only a negligible number of complaints in relation to the number of current files.<\/p>\n\n\n\n 10 prohibited practices of debt recovery Contrary to what one might think,debt recoveryis a real discipline that is subject tonumerous rules. Thecollection companiesare legally obliged to respect them. It is also important to stress that these rules and theseprohibited practicesapply not to thecollection agenciesbut also, quite simply, to any person urging a debtor to settle […]<\/p>\n","protected":false},"author":11,"featured_media":15870,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[63],"tags":[],"class_list":["post-71141","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/posts\/71141","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/comments?post=71141"}],"version-history":[{"count":1,"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/posts\/71141\/revisions"}],"predecessor-version":[{"id":72164,"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/posts\/71141\/revisions\/72164"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/media\/15870"}],"wp:attachment":[{"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/media?parent=71141"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/categories?post=71141"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/tags?post=71141"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n\n
1. Creating a confusion<\/h2>\n\n\n\n
2. Visits or telephone calls between 20:00 and 08:00 hrs.<\/h2>\n\n\n\n
3. Harassing a debtor who challenges the debt<\/h2>\n\n\n\n
4. Mentioning the debt on the envelope<\/h2>\n\n\n\n
5. Attempted recovery in the presence of a third party<\/h2>\n\n\n\n
6. Approaching persons close to the debtor (neighbours, family, friends, employer, \u2026)<\/h2>\n\n\n\n
7. Attempted recovery from a person other than the debtor<\/h2>\n\n\n\n
8. Collection of amounts not provided for<\/h2>\n\n\n\n
9. Use of inaccurate legal threats<\/h2>\n\n\n\n
10. Demanding transfer of debt or recognition of debt<\/h2>\n\n\n\n
\n\n\n\n10 prohibited practices of debt recovery<\/h1>\n\n\n\n
\n\n
1. Creating a confusion<\/h2>\n\n\n\n
2. Visits or telephone calls between 20:00 and 08:00 hrs.<\/h2>\n\n\n\n
3. Harassing a debtor who challenges the debt<\/h2>\n\n\n\n
4. Mentioning the debt on the envelope<\/h2>\n\n\n\n
5. Attempted recovery in the presence of a third party<\/h2>\n\n\n\n
6. Approaching persons close to the debtor (neighbours, family, friends, employer, \u2026)<\/h2>\n\n\n\n
7. Attempted recovery from a person other than the debtor<\/h2>\n\n\n\n
8. Collection of amounts not provided for<\/h2>\n\n\n\n
9. Use of inaccurate legal threats<\/h2>\n\n\n\n
10. Demanding transfer of debt or recognition of debt<\/h2>\n\n\n\n
\n\n\n","protected":false},"excerpt":{"rendered":"