Schuldhulpverlening

Why a debt collection rule defines it

The Regeling kwaliteit incassodienstverlening defines schuldhulpverlening because it makes debt collectors point debtors towards it. Under Article 4(1)(c), a collector informs the debtor, at least through its website, by letter or by email, about the help available for problem debts, explicitly including municipal schuldhulpverlening. The same article requires information on how to pay, any payment arrangement and how to reach Stichting 113 Zelfmoordpreventie, and that information has to be in Dutch at level B1 (Article 4(2)).

The explanatory note goes further than the text. It says the duty is not met only by a page on the website: where there is reason to, the collector informs the debtor about these points actively in its contacts, and keeps in mind that money worries can cause stress and less rational decisions.

Knowledge, not advice

Collectors are not asked to provide schuldhulpverlening. They are asked to know it well enough to refer. An incassomedewerker must know the options for municipal debt assistance and how the debt restructuring scheme works (Regeling, Article 2(1)(e) and (f)); an operational leader or self-employed collector must know the Wet gemeentelijke schuldhulpverlening and Title III of the Faillissementswet (Article 2(2)(f) and (g)).

Where the definition comes from

The explanatory note says the term has the same meaning as in the Wet gemeentelijke schuldhulpverlening and that the definition was taken over from Article 1 of that act. The definition covers two situations, a person who can reasonably be expected to be unable to keep paying and a person who has stopped paying, and it includes aftercare.