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Content
Interpretation
All Members of ADRA must honour in letter and in spirit the Code of Conduct and Ethical Standards of ADRA. This Code is provided for in the ADRA Constitution section 12.6.1.
Honesty of Members
All transactions, actions and dealings of a Member of ADRA in the process of administering and collecting a debt, will at all times be just, fair and honest.
In the course of administering or collection of a debt, a Member of ADRA will not deliberately lie about, or misrepresent any fact, truth, instruction or mandate in any way, with the object to benefit such a Member of ADRA or his employer or principal at the cost or expense of a debtor, a creditor, or any member of the public.
Confidentiality
A Member of ADRA will at all times respect the confidentiality and privacy of any information supplied by a debtor and will be factual, truthful and tactful in using such information.
Sharing of Information and Collecting of Debt
Should a Member of ADRA disclose, or supply, information about the conduct of an account of a debtor for the use and benefit of creditors, to such creditors directly, or to a credit bureau, such information should not be subject of being specifically prohibited from disclosure by the debtor, or prohibited from disclosure or use by Statute, and subject to all such information being truthful and verifiable, and in compliance with this code.
A Member of ADRA, in the process of collecting a debt, will have due regard for the person, the property and the civil rights of a debtor and will ensure that any action taken against such a debtor does not deliberately or intentionally humiliate, threaten or cause distress to such a debtor.
In attempting to collect a claim a Member of ADRA shall not:
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Collect or attempt to collect for a creditor money in excess of the amount owing by the debtor to the creditor, except for interest and costs legally recoverable.
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Misrepresent the true nature of his business.
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Threaten to institute legal proceedings, whether civil or criminal if such a threat is not intended.
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Utilise a communication which simulates legal or judicial processes.
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Threaten violence or harm to the debtor, those related to him, of his or their property.
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Use obscene, defamatory, or threatening language when communicating with a debtor or persons related to him.
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Communicate with a debtor when his legal adviser has notified the Member of ADRA in writing to communicate with the legal adviser.
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Abuse or intimidate a debtor in any way, whether orally or in writing, in order to induce a person to pay a debt.
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Call on a debtor, or park in front of a debtor’s residential or work address in a vehicle which is conspicuously marked in any way that discloses its purposes and whereby the debtor may be embarrassed.
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Make telephone calls, personal calls or send written communications which may constitute excessive harassment of the debtor, his spouse or any member of his family.
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Make telephone calls or personal calls for the purpose of demanding payment of a debt on a Sunday or on any other day except between the hours of six o’clock in the morning and nine o’clock in the evening, unless the debtor or his spouse requests the Member of ADRA to do so.
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Engage in any other excessive conduct which can reasonably be expected to harass the debtor or persons related to him.
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Disclose or threaten to disclose information which could adversely affect the debtor’s reputation for credit worthiness, knowing or having reason to suspect that the information is false.
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Initiate or threaten to initiate communication with the debtor’s employer prior to obtaining final judgment against the consumer, in order to exert pressure on the debtor. This paragraph does not prohibit a Member of ADRA from communicating with the debtor’s employer solely to verify employment status or earnings or where an employer has an established debt counseling service or procedure.
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Communicate with the employer, acquaintances, friends, relatives and neighbours of the debtor, excluding such a person who stands surety for the debtor, except to obtain the debtor’s addresses and telephone numbers.
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Disclose or threaten to disclose to a person other than the debtor (or his spouse if also liable) information. concerning the existence of the claim, except through proper legal proceedings. This paragraph does not prohibit lawful disclosure to another person of such information, provided the debtor is notified of such communication.
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Disclose or threaten to disclose information of a debt which within reason is disputed by the debtor, without disclosing the fact that the debtor disputes such debt.
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Give, by implication, inference or express statement, any false of misleading information to any person that may be detrimental to a debtor, his spouse or any member of his family.
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Give, or threaten to give, by implication, inference or statement, to the person who employs a debtor, his spouse or any member of his family, information that may adversely affect the employment or employment opportunities of the debtor, his spouse or any member of his family.
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Make a demand for payment of an account be telephone, personal call or in writing, without indicating the name of the creditor to whom the debt is owing, the balance of the account and the identity and the basis of the claim of the person making the demand.
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Commence or continue an action for the recovery of a debt in the name of the Member of ADRA as plaintiff, unless such debt has been ceded to the Member of ADRA in good faith.
Statutory Requirements
A Member of ADRA will at all times comply with the Act on Debt Collectors and all Statutes and Laws of the country, and will adhere to all Codes and / or Regulations published in terms of The Harmful Business Practices Act or any other Law, where the contents of such a Law, Code or Regulation determines the relationship between a creditor, debt collector and any debtor
Debt Administration
A Member of ADRA will ensure that in the administering of a debtor's account, the collection process is handled professionally
In administering an account a Member of ADRA will not employ or allow any employee, agent or any other third party employed or instructed for the purpose of administering an account to make use of any methods or any techniques or procedures which are aimed at deliberately humiliating or threatening the person of the debtor, the business entity of such a debtor, or the family or relatives of such a debtor.
A Member of ADRA will ensure that criteria of fairness and activities of the highest moral standards are at all times maintained in any environment where debtors' accounts are administered and collected.
A Member of ADRA will never allow any personal emotion or any unfriendly feelings towards any debtor to become evident in any dealings with such a debtor, but will at all times retain a professional approach and will be guided in all dealings by sound principles and procedures of Debt Collection and Debt Management, as subscribed to by ADRA in general.
Conduct of Members
All Members of ADRA undertake to abide by, and to honour The Code of Conduct and Ethical Standards of ADRA in all instances and at all times.
All Members of ADRA undertake to abide by, and adhere to, the Articles and Constitution and Grievance Procedure of ADRA.
No Member of ADRA will under any circumstances make any derogatory remarks about ADRA or any Office Bearer of ADRA towards any third party. Without detracting from the general nature of the above, any Member of ADRA is at all times free to criticise any action taken by any office bearer of ADRA and is at all times able to exercise all normal democratic rights and all rights of Membership, within the formal structures available to such a Member of ADRA within the general organisation of ADRA.
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