Frequently Asked Questions

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Can Commercial Agents charge Debtors for expenses of Debt Collecting?
Commercial Agents cannot pass on any collection charges to a debtor. Section 38 of the Private Agents Act 1966 reads:

“Commercial agents not to charge debtors for expenses of debt collecting etc.

No person who:

(a) exercises or carries on any of the functions of a commercial agent whether or not he is required to hold a licence under this Act); or

(b) acts for or in collusion with a person mentioned in paragraph (a)- shall be entitled to charge recover or receive from any debtor of a creditor any sum of money or valuable consideration for or on account of any costs charges or expenses (other than stamp duties and any legal costs fixed by or payable in accordance with the scale of costs under the rules of any court) or any remuneration or payment whatsoever for or in connection with the collection of a debt.”

If your current Debt Recovery Agency is telling you that they can make demands of your debtors to pay your debt recovery costs then they may be in breach of Section 38 of the Private Agents Act. If found guilty a Commercial Agent may face hefty fines and even jail time.

Can Commercial Agents lodge Defaults with Baycorp Advantage (formerly CRAA) on my behalf?
A Debt Recovery Agency can assist you with listing your defaults if you are a registered subscriber to Baycorp Advantage and you supply the Agency with your Baycorp Registration Number. Alternatively a Debt Recovery Agency may assist your business with having a default listed, when you engage their services to issue legal proceedings against a debtor. When Judgment is obtained the Judgment Default is automatically listed with Baycorp Advantage from the Magistrates Court records.

You can have defaults listed in the same way through any Debt Recovery Agency or Solicitor. It is not a service unique to your current Debt Recovery Agency, and if they are giving you that impression then they may be in breach of Section 52 of the Trade Practices Act, which reads: ”Misleading or deceptive conduct. Division 1-Unfair Practices.

(1) A corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive.

(2) Nothing in the succeeding provisions of this Division shall be taken as limiting by implication the section (1).

Partners & Affiliations

Australian Institute of Credit Management

We are a Member of the Australian Institute of Credit Management.

White Cleland Lawyers & Consultants

We are proudly affiliated with White Cleland Lawyers & Consultants who have been providing expert legal services for Reliance since 2005.

Frankston Business Network

We have been a member of Frankston Business Network since 2013

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