Creditor harassment
Many people find pressure from creditors and debt collectors unpleasant and
sometimes distressing. However, there are limitations on their activities. The Australian Securities and Investments Commission (ASIC) is responsible for dealing with misconduct when the debt relates to the provision of financial services (e.g. credit cards, personal loans etc.). The Australian Competition and Consumer Commission have set guidelines also in relation to misconduct in relation to other types of debt. See http://www.asic.gov.au/asic/asic.nsf/byheadline/Debt+collection?openDocument for information on both.
Creditor harassment is an excessive quantity of pressure from a creditor or debt collector to pay a debt. It may involve threats of violence, threats to embarrass the debtor, false information, excessive number of telephone calls or home visits or general nastiness.
Options for dealing with creditor harassment include:
- Keep a diary of all communication with creditor, including date, time and what was said.
- Know the times the creditors are able to contact you – see http://www.asic.gov.au/asic/asic.nsf/byheadline/Debt+collection?openDocument#responsibilities
- Do not make promises to pay that you cannot fulfil.
- See a financial counsellor.
DISCLAIMER The information provided in this information sheet is of a general nature only, and is not intended to be legal advice. There may be errors or inaccuracies or the information may not be completely up-to-date. Always check the information provided before relying on it. The information relates to consumer law in New South Wales, Australia.


