What is a Listing?
At DebtPayable the term Listing can apply to a person, business or property. It simply means that information on that person, business or property is listed for display on our website. The purpose of the Listing may be to assist in the recovery of a debt, or to locate people or property. Listing is just one more tool we implement to recover or investigate a matter.
What does it mean if a Listing is Skipped?
At DebtPayable the term Skipped means that the person, or business, is no longer at the address they provided to our client, or us, and their new address is needed in order to continue with the collection process.
The debtor may have provided a false address, intentionally withheld their change of address in order to avoid payment, or may have simply moved and overlooked the need to notify our client or us.
If you were to carry out a search and a person or a business you are dealing with came up as Skipped you should bring it to their attention, as they may not be aware that they are still being sought over the non-payment of a debt.
What is the difference between an Unpaid Debt Listing and a Skipped Listing?
An Unpaid Debt Listing is where the person, or business, listed has a debt that remains outstanding despite all reasonable opportunity being provided to the debtor to make payment or payment arrangements and the person, or business, still resides at the address our client has on file.
A Skipped Listing is where the person or business listed has a debt that remains outstanding to our client and has failed to notify our client of their change of address. The debtor may have provided a false address, intentionally withheld their change of address in order to avoid payment, or may have simply moved and overlooked the need to notify our client, or us.
Persons or businesses owing money have an obligation to notify a creditor, or their agent, of any change in their address details.
When this doesn’t occur, our client, or we, can list them as Skipped and the Listing remains until they are located, at which time the Listing will change to an Unpaid Debt Listing or if they pay the debt, or make payment arrangements, the listing would simply be removed.
Does DebtPayable have to collect my debt in order for me to place a Listing?
No. We are happy for our clients to use another preferred Credit Reporting Agency, clients can simply utilise our Listing Service as another tool in their collection process. If our client, or their preferred Collection Agency, lists a debt with us, we will send letters to inform the debtor that unless they pay, or make payment arrangements, their Listing will be viewable on the DebtPayable Credit Reporting website. These letters, if the client prefers, can be customised to include the client’s name, or their preferred collection company’s name, as the contact.
If our client lists a debt with us and we are contacted by the debtor, we would refer the debtor back to the client, or their preferred collection agency.
If the debtor on receipt of our letter pays the debt, or makes payment arrangements, via our website and pays for example by credit card, we would then EFT those funds into our client’s, or their agent's, nominated account less the agreed fee for utilising our service.
If the debtor makes payment, or enters into a payment arrangement, directly with our client, or their agent, we simply request that the client notifies us as soon as possible and we will remove, or suppress, the listing.
If we suppress the listing because they have entered into a payment arrangement and they miss a payment, then as soon as the client notifies us, we will re-activate the listing.
What if DebyPayable is utilised as a Service Provider by the client, or its preferred Collection Agency, and the debtor wishes to settle the debt, but does not wish to deal directly with the client, or its agent?
We would contact our client and inform them of the debtor’s position. Depending on our client's instructions, we may be able to negotiate a settlement and collect the debt on their behalf.
The debtor making contact highlights a desire to resolve the matter and is a positive step in the Collection Process. We believe as long as the matter can be successfully resolved it does not matter who does the negotiation, or settling.
Do we have to place a Listing in order for DebtPayable to collect our debt?
No. We do provide Debt Recovery Services without utilising a Listing, however we have found that by listing the debt we are able to increase the rate of recovery for our clients and recover more cost effectively. The Listing also provides our clients with an opportunity to recover over the longer term as we find the debtor’s circumstances often change over time meaning that they may become more able, or more willing, to pay.
Listed debts are more likely to be collected than non-listed debts. From a percentage perspective, only 23% of non-listed debts are successfully collected for our clients as opposed to 79% of listed debts.
Can DebtPayable recover the debt on our behalf?
Yes. We provide a wide range of Debt Recovery Services. Our clients simply need to advise us of their requirements and we will provide them with all the options we are able to offer, as well as the costs involved, prior to commencing. We also have preferred agents and solicitors Australia wide that we can engage on your behalf.
What do we have to do before placing a debt with DebtPayable?
Clients must be able to show DebtPayable that they have taken every reasonable step to recover the debt and have allowed the debtor every reasonable opportunity to make payment, prior to listing the debt.
Reasonable steps include issuing invoices, statements and reminder notices to their provided address warning the debtor as to unpaid amounts and that the debt will be handed to a Collection Agency should they fail to pay within a set time period. You must also ensure that the debtor does not have a valid dispute to the debt.
Can the costs of listing be recovered from the debtor?
In many circumstances the Listing Fee and any reasonable collection fees incurred, or any reasonable fees incurred in locating and confirming the debtor’s address, can be recovered. To assist with recovery of any fees we suggest that our clients amend their invoices and statements to include;
Please note: Notification of your failure to pay this account will be forwarded to DebtPayable, Credit Reporting & Collection Agency. If this is necessary then you will be responsible for the payment of any additional charges arising from this service.
However, we do advise that you seek your own specific legal opinion.
What guarantee do we have that DebtPayable staff will not divulge confidential information?
DebtPayable staff understand the strict confidentiality of the information we hold and we employ strict guidelines in place for the handling of information. DebtPayable further protects your confidential information by placing security controls on data access ensuring that our staff can only access the appropriate information.
User identification, together with the monitoring and recording of access to the database, enable us to identify who has accessed information and when.
How does a person, or business, listed find out who has listed them?
The person, or business, listed will receive Warning Notices to their provided address prior to the Listing being activated. They will already be aware of who has placed the Listing and why, except where a person, or business, has skipped.
If they have skipped then once they contact DebtPayable and provide proof of their identity, including a new address. DebtPayable will then provide details of who has listed them and why.
I have carried out a credit check on a person, or business, that wants to obtain credit and an Unpaid Debt Listing has been returned against the applicant’s name. Can I obtain further information?
No. DebtPayable will not provide information about the number of debts owed by that applicant, the amounts involved, or the creditors owed. The debtor will need to contact DebtPayable to obtain this information personally. These details are only provided to the debtor involved once they have provided proof of their identity.
How can a debtor remove a Listing?
If the person, or business, pays the debt, or enters into a payment arrangement, DebtPayable will remove, or suppress, the Listing.
What if the person listed disputes the debt?
Individuals, or businesses, have a right to query and dispute any Listings we hold and may apply in writing to correct any Listing that they believe to be incorrect. Where a Listing is queried, DebtPayable will investigate and where appropriate make any necessary amendments.
If the debtor has a dispute in relation to the existence of the debt, we will suppress the Listing until the matter is investigated. If DebtPayable determines that the debtor has a valid dispute to the debt, we will remove the Listing.
You can view our Dispute Resolution Policy and Code of Practice in the Policy section above.
What if a debtor enters into a payment arrangement but stops paying?
If the person, or business, listed enters into a payment arrangement DebtPayable will suppress the Listing. However, if the debtor defaults on that payment arrangement the Listing will be restored until the debtor pays the arrears owed. The debtor will also be liable for the Listing Fee and any extra collection costs incurred.
What if a debtor simply cannot afford to keep to the payment arrangement?
If significant extenuating circumstances exist which prevent the debtor from adhering to the payment arrangement DebtPayable will examine the evidence of the debtor’s financial position and make a recommendation to our client. Under these circumstances, the debtor may still supress the Listing by entering into an alternative arrangement.
Can I see if a person or business has been listed before?
No. Once payment is made, or a payment arrangement is entered in to, DebtPayable will remove, or suppress, the Listing. Provided the debtor adheres to the payment arrangement the Listing will not appear again.