1. The Debt Collectors Amendment Bill 2016 Unintended Consequences Marius Jonker - CEO - ADRA

2. The Debt Collectors Amendment Bill 2016  Highlights  1Are objectives met  2Definitions lacking  3Effect on in duplum saga  4Effect on subscription costs  5Unchecked investigation powers

3. The Debt Collectors Amendment Bill 2016 OBJECTIVES Curb Abuse  Law Society vs Council for Debt Collectors Level Playing Field  Legal Profession vs Debt Collection Occupation  Dual Regulation vs Single Regulation  Contingency Fees  Touting vs Marketing  Profit/Expense Sharing  Professional Negligence

4. The Debt Collectors Amendment Bill 2016 What is “debt collection”? Claims Included:  Contractual, and  Delictual, and  Undue enrichment Liquidated and non-liquidated claims

5. The Debt Collectors Amendment Bill 2016  In duplum?  Who to interpret and enforce, NCR versus Council for Debt Collectors  Includes all claims, common law delictual and undue enrichment  Pre and/or post liquidation of claim  Effect on parties right to access to court

6. The Debt Collectors Amendment Bill 2016 Subscription Cost? Management of Debt Collector versus Attorney  Disciplinary enquiries  Taxation

7. The Debt Collectors Amendment Bill 2016 Investigation Powers Anton Piller Provision What about the unregistered “debt collector”? No provision for:  Court scrutiny  No protection/”security” against damages  No protection of IP

8. The Debt Collectors Amendment Bill 2016 Recommendations 1x Participation in statutory alignment 2xDebt collectors/Attorney Cooperation 3xAdapt Marius Jonker - CEO - ADRA