Who's who and who does what?

Collectors, Field Agents, Process Servers, Investigators, Repossession Agents, Bailiffs, there are lots of different roles in the Mercantile field, lets take a look at the differences.

Collector (Debt Collector)

The work of a collector involves making demands for the payment of overdue debts. Demands can be made in writing (letters, emails or sms messages) or verbally by telephone or personal attendance upon the debtor.

Collectors are required to enter into dialogue with individual and corporate debtors in order to achieve resolution of the delinquent account either by full or part recovery or by establishing the debtor does not have either the means to pay the account or the obligation to pay the account.

Principally collectors work in modern offices with sophisticated collection software, using predictive telephone dialling software so that the software dials the next debtor in a queue of accounts to be actioned ready for the next available collector to speak to.

Recovery of debts can ultimately require litigation and so some collectors are involved in assisting and/or instructing solicitors in the preparation of summonses or statements of claim for filing at court and then service by a process server.

Collectors are required to strictly comply with various legislation, including the particular state or territory's civil proceedings legislation, the National Credit Code, the ASIC/ACCC Debt Collection Guideline which reflects obligations under the Australian Consumer Law introduced in 2011, the National Consumer Credit Protection Act 2009, and privacy laws and principles.

Process Server

The work of a process server involves attending various addresses including residences, businesses and work places to deliver court documents including subpoenas, divorce papers, writs, statements of claim and other notices in strict accordance with the varying rules for the different court jurisdictions in each state and territory. The work at times can be difficult in that some persons seek to evade receipt of documents and so the process server must be focused in ensuring the correct person is identified and does not evade service.

Assistant Bailiff

Assistant Bailiffs are required to execute enforcement processes issued by the Court

Investigator

Clients, which include insurers, government departments and authorities, financiers, corporations, individuals and law firms provide the specific instructions and scope for the assignments to be undertaken by observation investigators. Those instructions can be brief or detailed depending on the nature of the matter and the experience of the investigator. Assignments are often requested and treated on an urgent basis. Many instructions include budgetary limits for the investigator. The work of private investigators falls mainly into the following categories:

1)     Factual

Factual investigations are often conducted in respect to contractual disputes, insurance claims, litigated matters in respect to personal injuries, breaches of employment, physical damage or financial losses.

The work of a factual investigator involves conducting interviews and gathering evidence including records of interviews, statements, photographs, documents and other physical evidence. The principal purpose is always "to collect and report the facts only" - this allows the client to make a commercial and informed decision.

2)     Observation or Surveillance

Observation investigations are often conducted in connection with insurance claims and litigated matters in respect to personal injuries and financial losses. The work may arise from family law disputes; employment issues; neighbour disputes; and disputes over intellectual rights or restraint of trade issues to name just a few of the reasons why clients seek evidence by observation techniques.

The work of an observation investigator involves covertly gathering video and/or photographic evidence as well as general intelligence about the subject of the investigation. The principal purpose is always "to collect and report the facts only" - this allows the client to make a commercial and informed decision. In insurance related matters the aim is to gather evidence which either supports or disputes the veracity of the claimant's complaints of injury, disability and restriction.

3)     Skip Tracing

Skip tracing is also known as searching for missing persons. The need to trace persons who have skipped arises for a variety of reasons including in respect to collection activity, process serving, repossessions and investigation work.

In the first three areas the need to skip trace involves searching for a subject and his/her assets in respect to a debt related matter whereas in investigations the purpose is either to observe the activities of the subject or alternatively to locate a party or witness for the purpose of conducting interviews and gathering evidence.

The work of a skip tracer involves the use of computers to conduct database searches of publicly available information and communication skills in respect to telephone enquiries or face-to-face enquiries to track down the missing person. Skip tracers need to be focused and careful in their approaches so as to not tip off the subject for fear of frustrating the actual purpose of locating the individual i.e. there is little purpose in announcing to a subject he has been relocated when somebody else requires the information in order take an action such as repossession of a vehicle.

Repossession Agent

The work of a repossession agent involves attending at various places including residences, businesses and work places for the purpose of making demands for settlement of outstanding arrears on a debt or else to seek the surrender of security goods such as vehicles, caravans, boats, trucks etc.

Many repossessions are halted at the doorstep when the debtor provides cash, bank cheque or evidence of an EFT transaction to clear the outstanding arrears. In the event resolution of the debt cannot be achieved at the doorstep it is the repossession agent's responsibility to effect repossession in a professional manner and in accordance with instructions from the client and in keeping with the various legislation including the ASIC/ACCC Debt Collection Guideline which reflects obligations under the Australian Consumer Law introduced in 2011, the National Consumer Credit Protection Act 2009, and privacy laws and principles.

Once goods are repossessed they are towed or carted by an independent contractor to an auction room in accordance with the financier's instructions. In the event buildings or land are repossessed, the repossession agent is involved in securing the premises after the occupants have been ejected by a Bailiff or Sheriffs Officer and arranging a locksmith to re-secure the premises to prevent re-entry by the debtor/occupier.

At Tasmanian Collection Service (TCS) we aim to provide debt recovery services which assist individuals and businesses to resolve problems caused by debt. TCS is necessarily forthright in its approach, notwithstanding, we aim to achieve positive outcomes for both our clients and customers.

TCS is committed to our values of honesty, integrity, fairness, respect and confidentiality in all dealings with our clients and customers. We are dedicated to listening and striving for results that are pleasing for our clients and customers alike.

We recognise that every business and every case is different, and this information is general in nature. We invite you to contact us directly for a confidential and obligation free chat about the best was to approach your specific needs.

With over 140 years’ experience in debt collection and credit management in the Tasmanian marketplace, we have the right people, tools, and knowledge to make a difference to your bottom line. Get your debts under control quickly and easily by engaging our services.

Call 03 6213-5555 Email [email protected] or Connect at www.tascol.com.au/contact-us/

Don’t forget to FOLLOW our page for more great articles, ideas, suggestions and even the occasional competition.