Debt Collection Round Table Summary - Legal Services ...

More documents

Recommendations

Info

However, despite the number of complaints received about debt collection, there have been no complaints where the Commissioner was satisfi ed that there was a reasonable likelihood that the Tribunal would fi nd the lawyer guilty of professional misconduct, and only nine complaints where the Commissioner formed the belief that a fi nding of unsatisfactory professional conduct would be reached. The Round Table The Commissioner has discussed the issue of poor debt collection practices with a range of consumer support agencies. Concerns raised by these agencies highlighted the impact of ongoing economic instability on consumers and a measurable increase in the number of consumers who are unable to pay their debts. These agencies also identifi ed a corresponding increase in the use of debt collection services by creditors. As lawyers are often involved in the collection of outstanding debts, the Commissioner recognised that an increase in complaints about debt collection practices has the potential to lead to an increase in complaints about lawyers. On Friday 8 May 2009, the Commissioner convened a round table discussion forum involving a range of organisations which shared concerns about debt collection practices. Representatives were invited from state and federal regulatory agencies, consumer legal advocacy organisations, community support agencies and lawyers’ professional associations. The objective of the round table was to understand the concerns of consumers and regulators, determine the extent of the involvement of lawyers in poor debt collection practices, and identify ways of improving those practices for the benefi t of consumers and the legal profession. The issues raised at the forum and the potential means to address them are detailed in this document. Page 3
PARTICIPANTS The following organisations were represented at the round table forum: Federal and state government regulators of the debt collection industry • Australian Competition and Consumer Commission (ACCC) • Australian Securities and Investments Commission (ASIC) • Consumer Affairs Victoria (CAV) Consumer advocate organisations established to provide legal support and information for consumers • Victoria Legal Aid (VLA) • Consumer Action Law Centre (CALC) • Public Interest Law Clearing House (PILCH) Community support organisations • Financial and Consumer Rights Council (FCRC) • Broadmeadows Uniting Care, • Connections Financial Counselling Service, UnitingCare Australia Legal Profession bodies • Law Institute of Victoria • Victorian Bar • Legal Practitioners’ Liability Committee Page 4
Page 1 and 2: Summary of the 2009 Debt Collection
Page 3 and 4: CONTENTS CONTENTS Acknowledgments P
Page 5: INTRODUCTION The Legal Services Com
Page 9 and 10: Creditors and collection agencies u
Page 11 and 12: Consumer agencies observed that in
Page 13 and 14: Conclusion The Legal Services Commi
Page 15 and 16: APPENDIX 1 Statistics on debt colle
Page 17 and 18: APPENDIX 2 Key Definitions Caution:
Page 19: Page 16

Debt Collection Round Table Summary - Legal Services ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?