Code of Ethics & Operating Procedures
The Collection Company, as a member of the NZCA complies with the Code of Ethics.
Members should be able to demonstrate that their actions comply with the Code.
Compliance with the Code of Ethics depends mainly on Member's acceptance of their responsibility to act ethically and their voluntary actions to meet that responsibility, secondarily on reinforcement by other Members and public opinion and ultimately on disciplinary proceedings.
- Integrity. Members should be straightforward, honest and sincere in their business relationships and relationships with other Members. Members should compete in a fair and honourable manner, and never publicly attack the reputation of a competitor.
- Objectivity. Members should be impartial, honest and free of conflicts of interest. They should be fair and not allow prejudice or bias to override their objectivity.
- Professional Behaviour. Members should conduct themselves in a manner consistent with the good reputation of the NZCA. No Member shall do any act or make any omission in the course of carrying on its business or in any other circumstances that is likely to discredit that Member or any other Member or the NZCA or bring the NZCA or the credit/collection industry into disrepute, whether or not that act or omission is specifically referred to in any provision of this Code.
- Confidentiality. Members should respect the confidentiality of information acquired in the course of their work. They should not disclose that information to a third party without specific authority, except where industry practice permits or in accordance with industry codes of practice or unless there is a legal or other duty to disclose.
Operating Procedures and Practice
- Business names and details. Members must conduct business under a designation, business name or identification that does not mislead creditors, customers or the general public. Members must not knowingly misrepresent qualifications, capacity, experience or abilities.
- Provide efficient and effective services. Members should provide efficient and effective services in the business areas in which the Member represents that it operates. Members should state clearly the services which are to be performed in each particular case and the basis on which they are provided.
- Subcontracting to another Member. When receiving subcontracting work from another Member for a particular client, the subcontractor must not approach that client without the approval of the instructing Member.
- Dealings with clients. Members must follow all lawful instructions given by clients and should seek such further instructions that may be required as circumstances dictate. Members must ensure that clients are made aware of all available options, and are kept informed of all contact with debtors.
- Take care when accepting a client. Members must not knowingly accept accounts for action from individuals or firms which engage in questionable or improper business practice or whose accounts cannot be sustained by proper documentation.
- Dealings with debtors. Members must;
- Show due consideration for the misfortunes of debtors, make them aware of agencies available to them for assistance, and cooperate with recognised community counselling services.
- Conduct and contract with debtors in a reasonable manner, not misrepresent amounts owing and not employ any deceptive practices, adopt any standover tactics or harassment or misrepresent to debtors any legal remedies that may be available to the client.
- Make telephone and personal calls on debtors only during hours and with such frequency as is reasonable
- Independence. In all phases of work. Members should be independent and be seen to be independent.
- Familiarity and Compliance with Legislation. Members should ensure that they and all of their personnel are familiar with the laws applying to the areas of work they undertake - debt collecting, credit reporting, process serving, repossession, private investigations and related services - and that they comply with the law.
- Communication of Views. Members must take adequate precautions to distinguish between their personal views and the views of the NZCA. when communicating to any third party. Members must not speak on behalf of the NZCA unless the Committee has authorised them to do so.
- Communication to others. A Member must communicate to the Committee any information which the Member acquires which could have a detrimental impact on the business or reputation of any other Member or the NZCA. The Member shall not use any of this information to promote their self-interest or business interest.
- Fees should reflect value. Fees should be a fair reflection of the value of the service performed for the client. The basis on which fees are to charged for a particular assignment should be known to the client before the Member begins the assignment. A Member must not receive a reward, whether financial or otherwise, of which a client is unaware, in respect of services rendered to the client.
- Maintain knowledge and skills. A Member has a continuing duty to maintain industry knowledge and skills at a level required to ensure that the Member's clients receive competent, professional service based on up-to-date developments and practice, legislation and techniques.
- Operate a trust account. Members must operate a trust account for monies received on behalf of clients and account to clients at least monthly for all monies received in the preceding month - if a Member receives a non-transferable cheque made payable to a client, the Member must promptly deliver the cheque to the client, unless arrangements to the contrary are agreed in writing with the client.
- Other responsibilities. A Member must not:
- Engage in conduct involving dishonesty, fraud, deceit or misrepresentation (including misrepresentation for the purpose of obtaining a licence, certificate or business-related insurance):
- Harass a person on the basis of race, sex, age, creed, religion, colour, national origin, disability, sexual preference or marital status in connection with a Members professional business, the NZCA's activities or while acting in a representative capacity for the NZCA:
- Engage in any conduct of a character likely to deceive, defraud or harm the public;
- Knowingly misrepresent the NZCA or any other institution or organisation with which the Member is affiliated, or knowingly represent that the Member is affiliated with an institution or organisation when that is not the case. However this provision does not preclude a Member from:
- Using their NZCA titles at any time. in any activity directly related to the NZCA;
- Using their NZCA titles in connection with activities not related to the NZCA, when those activities constitute community service or public relations likely to benefit the credit/collection industry:
- Using their NZCA titles or designations in any situation or manner that does not create the impression or tend to lead someone to believe that a product is endorsed by the NZCA or was created by the NZCA:
- Developing, selling or promoting competitive products, so long as the Member's NZCA title or designation is not used in connection with the development, sale or promotion of those products.
- Members to Ensure Personnel comply with this Code. A Member must ensure that its employees and, when the Member is a partnership or a company, its partners, directors and CEO (as the case may be) comply with the Code of Ethics. The breach of the Code of Ethics by an employee, partner or director of a Member constitutes a breach of the Code by the Member itself.
Our mission is to improve New Zealand business profit by providing an effective debt collection service based on communication.