Frequently Asked Questionss

 

 

How much do you charge for debt collection?

We charge a commission fee (+GST) based on a percentage of the total debt amount that you have instructed us to recover for you. 

Our total commission fee (+GST) is not charged upfront unless the debtor repays the debt immediately in full with one payment. Instead, if your debtor repays the debt under a repayment plan, our commission fee is deducted in small portions from any payment(s) instalments received from the debtor towards the debt. This policy maximises the collection outcome for you because we only earn our commission when recovery of the debt starts.

Our commission fee depends on the Pricing Option chosen by you. Use our Debt Commission Calculator to learn what the total commission we will charge for the debt collection on each Pricing Option.

We may be able to add the cost of our commission on top of the principal amount of the debt if your terms of trade allow it. Send us a copy of your terms of trade if you are unsure so we can review and advise you.

What happens if my debtor disputes owing the debt?

You will most likely need to take the matter to the Disputes Tribunal to have a decision (Tribunal Order) made in your favour. This Order is a legally binding document. Learn more about the Disputes Tribunal here. You can then send us that Disputes Tribunal Order so we can start civil enforcement proceedings in the District Court against your debtor to recover the amount shown on the Disputes Tribunal Order. We will pay the District Court related civil enforcement costs for you if enforcement proceedings are required. Our Terms of Engagement apply*

The Disputes Tribunal is less formal than a court. A lawyer can’t represent you in the hearing and there are no judges. Each hearing is run by a referee. Hearings can also be held using audio visual services such as videoconferencing or telephone but only if the Referee is satisfied that it's appropreiate to do so.

How long will it take for a debt to be paid in full?

The time varies depending on the size of the debt, whether we have the debtors current contact details, and how much a debtor can pay in payment installments. We do our best to have it paid off as fast as possible for you of course.

Is there a fee to load a debt?

Unlike some debt collectors, we provide you with options so you can decide what suits you best, and we will pay the court enforcement costs so you don't have to (Terms of Engagement apply*) Only Option 2 has a debt load fee. See our Pricing Options here. Depending on your terms of trade, you may have the debt load fee (if any) and our commission fee added on top of the principal debt you submit to us. If your debt is a Disputes Tribunal Order or Tenancy Tribunal Order you will need to submit and application to the Tribunal to have your Tribunal Order amended to include these costs. For more information on this please contact us.

How do I get debt collection costs added to the debt?

The Commerce Commission states debt collection costs, such as our commission fee, can only be added to the debt if you have a debt collection clause in your contract/terms of trade/agreement with the debtor. A debt collection clause allows debt collectors to legally make the debtor liable for debt collection fees. 

When you load your debt online you will be asked if your terms of trade have a collection clause/provision. If you select 'yes' then you will need to upload a copy of your terms of trade with the debt upload so we can review it and add our costs to the principal debt.

Please be aware that if your debt must go through civil enforcement proceedings in the District or High Court because your debtor(s) refuse to offer voluntarily repayment, there is no guarantee the Courts will allow debt collection costs to be added to the principal debt as this is at the Court's discretion. The Courts may only allow a portion, but not all, debt collection costs to be added to the debt. In this case, you will still be liable for the difference between what our total commission fee is and what the Courts have awarded you.

Is there any guarantee my debt will be fully repaid?

No debt collection agency can guarantee the full collection of a debt due to unforeseen factors. Common causes for the failure of the debt to be collected in full are;

  • the debtor may become deceased,
  • the debtor enters into bankruptcy or no asset procedure (NAP),
  • the debtor relocates overseas to a jurisdiction where we cannot enforce the debt in the Courts or,
  • the Court determines the debtor has no means to pay and refuses to issue an order for repayment of the debt

However, we have been collecting debt since 1993 despite boom-and-bust economies, as well as truly remarkable technical and legislative changes, which we feel shows we are great at what we do, otherwise we wouldn't have been in business for more than 25 years.

What hapepns if my debtor contacts or pays me directly after I give the debt to CIA Debt Recovery

If the debtor approaches you direct after you have instructed us, you should ensure they are immediately directed back to us as they will be trying to circumvent the fact we can now add our costs of collection onto their debt which will have increased the amount of the debt they need to pay. Some of these costs will be civil enforcement fees including Court and legal fee's. Please contact us as soon as possible if you have received any contact and/or payment from the debtor.

Is the debtors credit rating impacted?

If your debtor does not dispute owing the debt we have access to all three (3) credit bureau’s operating in New Zealand including Centrix, Equifax and illion and will load the debt on the debtor's credit record as a payment default if the debt amount is more than $125 and we have their date of birth.

If your debtor disputes owing the debt we cannot load the debt on the debtor's credit record until you have been to the Disputes Tribunal and have been awarded an Order as your legalling binding proof of debt.

Defaults loaded against a debtor's credit record will have an adverse affect on their credit score which may prevent them gaining credit and finance in the future. This can result in them wanting to repay the debt to improve their credit score. We work closely with all of the above companies to ensure everything is up to date across all database systems for you.

If the debt is a Tenancy Tribunal Order we will also load it on the national tenancy database, illion Tenancy

How do I get an illion Tenancy member ID number?

You need to be an illion Tenancy member to receive a illion Tenancy member ID number, this will allow you to get the below special pricing option. To sign up at their website www.illiontenancy.co.nz. When completing the form to load your debt, make sure to enter your illion Tenancy member ID number and select "Option 1" in the pricing drop-down list.