News item | 09-02-2024 | 2:30 PM
From April 1, 2024, debt collection service providers must meet quality requirements and be required to register. With these requirements and the registration obligation under the Quality of Collection Services Act, the profession is regulated for the first time in the Netherlands. This means that people with debts are better protected and creditors know better what collection service providers can do for them. The law should also lead to fewer unprofessional practices and limit the accumulation of collection costs. At the proposal of Minister Weerwind for Legal Protection, the Council of Ministers has approved underlying regulations so that the law can come into effect.
Minister Weerwind: “It is not without reason that we call collection services services: abuses and unfair treatment are not part of it. With these requirements, both a creditor and a debtor can count on quality and clarity when handling debts and claims. This way, everyone can rely on the work of debt collection service providers.”
Quality requirements
The quality requirements apply to all parties that are commercially involved in collecting extrajudicial collections on behalf of third parties from consumers living in the Netherlands. These quality requirements also apply if the claim has been sold to someone else. Service providers are required to register in a register that can be viewed by everyone. Quality requirements are imposed on their work in the areas of professional competence, dealing with creditors and debtors, information provision and complaint handling. The law also contains a provision to limit the accumulation of collection costs for recurring claims. The collection costs may amount to a maximum of 140 euros if the claim is less than 266.67 euros. The limitation on collection costs will come into effect from October 1, 2024.
Supervision and registration
Existing debt collection service providers must register within one year after April 1, 2024. Collection service providers who start their services after April 1 must register immediately. Screening authority Justis will manage the register for collection service providers and screen extrajudicial collection agencies. The Justice and Security Inspectorate will monitor the quality requirements and registration obligation and can enforce if collection service providers do not comply with the rules.