A call from a collector can feel like an attack, but there are rules, and you have rights. Knowing them helps you stay calm and respond in a way that protects you.
Here is a practical guide to what debt collectors can and cannot do.
What is a debt collector?
A debt collector is a person or company that collects debts on behalf of a creditor, or one that has bought the debt. Collectors work under rules set by the Debt Collectors Act and the National Credit Act.
What can they do?
- Contact you about a genuine debt.
- Ask you to pay or to agree a payment plan.
- Send letters and emails, and make phone calls.
- Pass the matter to attorneys, who may start legal action if the law’s steps are followed.
What are the 5 things they cannot do?
| Not allowed | Examples |
|---|---|
| Harass or threaten | Threatening violence, jail or seizing property without a court order |
| Make false statements | Claiming to be a lawyer or court official when they are not |
| Reveal your debt | Telling your employer, family or neighbours about it |
| Contact you unreasonably | Calling at unreasonable hours or constantly |
| Take your things | Removing property or deducting from your salary without a court order |
Debt collectors are also bound by privacy rules. If you feel you are being harassed, keep a record of every call and message.
How should you respond when a collector contacts you?
- Stay calm. Do not agree to anything on the phone.
- Ask for details in writing: the creditor’s name, the account number, the amount and how it is made up.
- Check the collector’s registration with the Council for Debt Collectors.
- Check the debt. Is it yours? Is the amount right? Has it prescribed? See prescribed debt.
- Respond in writing. Keep a copy.
- Make arrangements you can keep. Only promise what you can pay.
Pay only into the creditor’s official account, and ask for written confirmation of the account details. Scammers pose as collectors.
What if the debt is not yours or the amount is wrong?
Dispute it in writing and ask for proof. If the debt is on your credit report, see credit report disputes.
Do not pay a debt you do not recognise just to stop the calls.
What if you are being harassed?
- Save evidence: dates, times, recordings if lawful, and screenshots.
- Complain to the creditor and the collector in writing.
- Report to the Council for Debt Collectors and the National Credit Regulator.
- Use the Credit Ombud for credit disputes.
- Get legal help if you are threatened.
What if you cannot pay?
Be honest. Offer an amount you can afford. If you have several debts, consider debt review. Read what to do when you cannot pay your debts.
What can you say when debt collectors phone you?
Most calls go badly because people are surprised. Three short scripts keep you in control. Keep them next to your phone.
To verify: “Please tell me your full name, the company you work for, the creditor, my account number and the amount. Send it to me in writing.”
To disagree: “I do not recognise this debt. Please send me proof, including the original agreement and a statement of account.”
To make an arrangement: “I can pay R___ on the ___ of each month. Please confirm this in writing before I make a payment.”
Then end the call politely. You do not have to argue, and you do not have to agree to anything on the phone. The paper trail is what protects you.
How do you check that a collector is genuine?
Scammers pose as debt collectors, and real ones make mistakes. Check four things:
| Check | A good sign | A bad sign |
|---|---|---|
| Registration | The collector appears on the Council for Debt Collectors’ register | No registration number, or one that does not match |
| The letter | Names the creditor, account and amount | Vague, with no account details |
| Payment details | Into the creditor’s official account, or one confirmed in writing | A personal account or a cash deposit |
| Behaviour | Polite, gives you time to check | Threats, pressure, “pay in the next hour” |
If you cannot verify a collector, do not pay. Call the creditor yourself, on a number from its website or your agreement, and ask whether it has passed your account on.
How do you keep a record of harassment?
If a collector crosses the line, a clear record makes a complaint much stronger. Use a simple log:
| Date | Time | Who called | What was said |
|---|---|---|---|
| 3 March | 21:40 | “Mr Dlamini” | Threatened to tell my employer |
| 4 March | 07:15 | Same number | Called three times in ten minutes |
Add screenshots of messages, call logs from your phone and any letters. Then complain in writing to the creditor and the collector, and report it to the Council for Debt Collectors and the NCR. Our guide to responsible lending lists where else to turn.
What if the debt has been sold to a collector?
Some creditors sell old debts to companies that then collect them. The collector must be able to show that it owns the debt. Ask for:
- A statement of account showing how the amount is made up.
- A copy of the original agreement.
- Proof that the debt was transferred to the collector.
A collector that cannot supply these has no right to demand payment. Do not pay, and do not acknowledge the debt in writing until you have checked. An old debt may also have prescribed, and a payment or an admission can restart the clock.
See prescribed debt before you respond.
What happens if you get a letter of demand?
A letter of demand is a formal request to pay. It is not yet a court case. For credit agreements, the creditor must send a section 129 notice before it can go to court, which gives you 10 business days to respond.
Read it carefully, note the dates and reply in writing. See section 129 notices.
How can you stop collectors from becoming a long-term stress?
Contact from collectors can wear you down. Keep one folder for every letter and message, set aside an hour a week to deal with them, and ask a trusted person to sit with you if you can.
When you have a plan, tell the collector in writing, and keep to it. If you are overwhelmed, free advice from Legal Aid South Africa or a debt counsellor can take much of the weight off.
Frequently asked questions
Can debt collectors take my belongings?
Not without a court order and a sheriff. Collectors cannot simply remove goods.
Do I have to talk to them?
You can ask them to put everything in writing. You must still deal with a genuine debt.
Does paying a collector clear my record?
Paying can lead to the account being updated as settled. It does not erase history. Ask for a settlement letter.
Can a collector call my employer?
Telling your employer about your debt is not allowed, apart from a court-ordered deduction.
Can a debt collector contact me at work?
A collector should not tell your employer about your debt. Contact at unreasonable times or in a way that embarrasses you can be harassment, so keep a record.
How do I report a debt collector?
To the Council for Debt Collectors and the National Credit Regulator, with your log, screenshots and any letters.
One free 5-minute form is sent to NCR-registered lenders. Each lender decides for itself and shows you the full cost before you sign.
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