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April 11, 2016

Netherlands Judiciary: Debt collection agencies poorly regulated and out of control

Dutch Collection Agencies are  out of control
Dutch consumers who find themselves in a debt collection process are not only harassed  by the debt collection agencies,who are poorly regulated in the Dutch judicial system, but will  usually end up deeper in debt.

This shocking finding has become evident from an analysis made by the Dutch Consumer Association (Nederlandse Consumentenbond) of complaints they received at their "Debt Complain Center hotline" which was opened in the spring of this year. On this Hotline more than 200 personal, often deeply disturbing and emotional stories, have disclosed how inhumane people are treated .

The Consumers Association says the situation is totally out of control and Bart Combée, Director of the Dutch consumer association says: “the human dimension in this process is completely lost.

When consumers want to contact the collection agency, they often get no answer or the door slammed in their face. If the collection train starts running, the consumer can usually not stop it, other than by paying”.

The most common complaints about the Dutch debt collection processes are, rapidly increasing and not clearly specified costs. Threatening letters about wage garnishment, foreclosure sales or lawsuits. Even while  the debt collection agencies re not empowered to do so, or when it only concerns a debt of a few euro's.

The Consumer Association wants the Judiciary to establish clear and precise regulations concerning the
procedures to be followed by Dutch collection agencies and also want the Judiciary to firmly intervene when collection agencies violate the rules. It also recommends that companies, collection agencies and bailiffs should be more accessible and willing to offer more customization to the process.

It also wants to see that the intimidating behavior of the collection agencies to be addressed immediately..

Bart Combée, Director of the Consumer association says: 'The human dimension is totally lost in this particular area of the law".

When consumers want to contact the collection agency, they often get no answer, or the door slammed in
their face.

In the Netherlands - once the collection train starts rolling, it wont stop, other than by paying, usually a lot more than expected. This regardless if one disputes a claim".

Dutch law on debt collection (under the hereditary responsibility clause)  even allows claims to be made to people whose debts are not theirs, but debts owed by family members ( parents) who had deceased  

These outdated Dutch legal laws, unfortunately, still remain on the Judicial books in the Netherlands The Dutch Consumer Agency  wants the Netherlands parliament to intervene in this matter but so far noting really concrete or significant has happened.

 Almere-Digest