CHAPTER I
Article 1. General principles
Fairness and transparency – these are INCASO objectives in order to achieve a perfect balance between the need to protect the customers and the need to provide a credit economy, in order to recover their debts.
Launching businesses - there are many wrong conceptions about claim recovery activity. The credit recovery agencies perform a vital function for their clients by recovering a large amount of sums given in credit from the finance, industry, communications, services and public sector, thus supporting the national economy. Otherwise, these amounts would remain unrecovered and the companies would be covering the insufficient finances by offsetting the interest rate.
Compliance - the company is committed to support employees' professional ethics and the highest standards in the field of collecting debts – a very important issue for the national economy.
Article 2. Definitions
The terms used in this code conduct have the following meanings:
a) "debt collection company" or "debt recovery company " - a specialized company dealing with sale, recovery, collection and monitoring of the claims and other additional or complementary services, carried out on its own account or on behalf of its customers.
b) "collector" - an employee, agent or other individual person which deals with debt recovery activities under the authorization of the debt collection company.
c) "activity of recovery" or "debt collection activity" – legal actions for ensuring late debts payment by the debtors.
d) "debt" - the financial and non-financial obligation of the debtor to provide a benefit.
e) "debtor" - legal or natural person required to provide a particular benefit to another person or legal entity.
f) "claim" - the right of a contract party to request the performance of a benefit by the other contracting party.
g) "consumer" - an individual person who performs a legal action not directly related to professional or commercial activity of that person.
h) "contracting party" - the person who requests collection services or claim sale to a specialized company.
CHAPTER II
Article 3. Principles of communication with the debtor
A debt collection company must conduct all its activities according to the law and maintain permanent contact with the debtor in order to achieve the interests of the contracting party, respecting the rules of politeness and the legitimate rights of the debtor.
Article 4. Correspondence
a) The correspondence with the debtor should be addressed to its home address and other contact address through a sealed message in an envelope with no markings on it that would identify the debt of the recipient.
b) The restriction referred in the above subparagraph a) regarding the markings on the envelope sent to debtor does not refer to the logo or graphic signs identifying the debt collection company.
c) The first letter of formal notice must include a detailed description of the notification motive: the source of debt, the creditor, the invoice issuer, the primary debtor, the debt due date, the owed interest and other related debts, other relevant data; The next notification letters will contain only mandatory information necessary to identify the case and its settlement stage as well as the updated sum of debt.
d) If the debtor can not be contacted at any of the known addresses or did not reply to the letters of formal notice, the debt collection company may send to the debtor other types of letters, with no markings that would identify the debt of the recipient.
Article 5. Phone calls
a) The debtor may be contacted by phone on working weekdays between 7.00 - 21.00 hours. The telephone calls will be made at any time of day and from any location and would not create unpleasantness to debtor. If telephone attempts to contact the debtor failed within the above-indicated schedule, then the collector will contact the debtor in the following days of the week, but only between 8.00 - 20.00 hours.
b) At debtors’ request, the collector may change the timing of calls or visits at any other time than those referred to in subparagraph a), with the exception when the debtor avoids any contact or conversation.
c) The conversations must be carried out in a polite manner and must ensure the protection of confidential information (debts and personal data) related to third party persons. When contacting the debtor, the collector is obliged to present himself and the company he represents, creditors’ name and the invoice issuer.
d) During a call, the collector must explain to debtor the purpose of discussion and clarify any concerns or questions of debtor.
e) During the discussion, the collector must identify the financial possibilities and personal circumstances of the debtor and then gather all the necessary information in order to decide on the case and on the collection procedure.
f) Frequency of telephone conversations with the debtor does not have to be a disturbing factor for him, nor take the form of harassment.
Article 6. Collection on site
a) On site, the collector can visit the debtor on working weekdays between 07.00 - 21.00 hours and at a specific location which does not cause inconvenience. If the debtor can not be contacted within the aforementioned time, the collector can pay a visit to debtor on the following days of the week, but only between 08.00 - 20.00 hours.
b) The debtor visit in other locations than his residence shall be made in such manner as to ensure the privacy of debtor. Such visits can be made only if the place of residence of the debtor is not known or if the debtor can not be contacted at home. Moreover, without the debtors’ consent the collector can not contact third parties on debt issue.
c) On site, the collector should have a decent outfit in order to avoid any negative connotations.
d) In collection activities and discussions with the debtor, the collector shall present the identity card and driving license issued by debt collection company under its mandate permits contracting parties, including the clear purpose of the authorization. Also recuperator must provide confirmation signed by the debtor flow, contractual arrangement, authorization to recover the money and all previous requests for payment sent to the debtor.
e) If the debt collection activities take part and persons other than the debtor, and they want to keep recuperator discretion, it will fulfill the request, unless the assessment indicates that the debtor is trying circumstances to mislead or recoverer evade call.
f) talks on recovery to be worn in a polite way.
g) During the discussion, the recuperator must explain debtor purpose of the call and clarify any concerns or questions.
h) recovery During the visit, the collector may act only under licenses that it holds. If cash recoveries, recuperator must issue a receipt in accordance with tax legislation.
Article 7. Complaints debtor
a) At first contacting the debtor debt collection company will inform the debtor about its rights and will subsequently provide this information at the request of the debtor.
b) debt collection company will protect all the rights of the debtor, including claiming the creditors and debt providers within the law.
c) debt collection company has an obligation to clarify, together with the borrower or seller claims and in accordance with the agreement for the transfer of claims, all claims made by the debtor, taking into account current developments and effects of the complaint, The provisions of the agreement with the debtor and regulations in force of framework agreements.
d) Complaints should be resolved by the debtor debt collection company within 30 working days of receipt.
e) If the debt collection company did not resolve the complaint within 30 working days, it shall inform the debtor in writing about the reasons for the delay and propose a new deadline for settlement of the claim, not exceed 60 days from the original date of receiving the complaint.
f) debt collection company will inform the debtor about rejecting the complaint, including the reasons for the rejection, as well as any subsequent procedures.
g) If it is considered that the allegations made by the debtor are clear and well founded, debt collection company will correct deviations or deficiencies, if appropriate, discontinue further recovery activities.
h) debt collection company is not obliged to continue conversations or correspondence with the debtor, if it is obvious that he wants to delay the recovery process or to evade payments, including if the debtor does not submit required documents or court cases by recovery, which would allow proper assessment of the situation.
Article 6. Collection on site
a) On site, the collector can visit the debtor on working weekdays between 07.00 - 21.00 hours and at a specific location which does not cause inconvenience. If the debtor can not be contacted within the aforementioned time, the collector can pay a visit to debtor on the following days of the week, but only between 08.00 - 20.00 hours.
b) The debtor visit in other locations than his residence shall be made in such manner as to ensure the privacy of debtor. Such visits can be made only if the place of residence of the debtor is not known or if the debtor can not be contacted at home. Moreover, without the debtors’ consent the collector can not contact third parties on debt issue.
c) On site, the collector should have a decent outfit in order to avoid any negative connotations.
d) In collection activities and discussions with the debtor, the collector shall present the identity card and authorization issued by debt collection company under its mandate from the contracting parties, including the clear purpose of the authorization. Also the collector must provide to debtor the confirmation signed contract by the debtor, authorization to recover the money and all previous requests for payment sent to the debtor.
e) If at the debt collection activities take part additional persons other than the debtor and they would want to keep the collection procedure in discretion then the collector will fulfill this request, unless there are clear evidence that the debtor is trying to circumstances to mislead the collector or is avoiding the collaboration.
f) The conversations on collection procedure must be made in a polite way.
g) During discussions the collector must explain to the debtor the purpose of conversation and clarify any concerns or questions.
h) During the on site visit, the collector may act only under licenses that he holds. If the debt is recovered in cash then the collector must issue a receipt in accordance with tax legislation.
Article 7. Debtors’ complaints
a) At the first contact the debtor will be informed by the debt collection company on his rights and then will provide other information at the debtors’ request.
b) The debt collection company will protect all the debtor’s rights, including claiming the creditors and debt providers within the law provisions.
c) The debt collection company has an obligation to clarify all claims against debtor, together with the debtor or claim seller, in accordance with the claim transfer agreement, taking into account the current developments and effects of the complaint procedure, the provisions of the agreement with the debtor and the in force framework agreements regulations.
d) Debtor’s complaints should be solved by the debt collection company within 30 working days from their receipt.
e) In case if the debt collection company does not resolve the complaints within 30 working days, it shall inform the debtor in writing about the reasons for the delay and propose a new deadline for settlement of the claim, which will not exceed 60 days from the original date of the complaint receipt.
f) The debt collection company will inform the debtor about the rejection of the reclamation, including the reasons for the rejection, as well as any other further procedures.
g) If allegations made by the debtor are clear and well founded, then the debt collection company will clear the situation and if necessary, will discontinue further collection activities.
h) The debt collection company is not obliged to continue the conversation or correspondence with the debtor who is obviously delaying the collection process or payments receipt. The same situation - if the debtor does not submit to the collector the required documents, which would allow proper estimation of the situation.
CHAPTER III
Article 8. Protection of information and personal data
a) The debt collection company is obliged to ensure confidentiality of the technical and legal information obtained from the contracting parties regarding to negotiation and execution of the contracts. Furthermore, the company should not use this information for purposes other than those for which they were made available; the company also will not disclose information to third parties unless this information is necessary for debt recovery process within Legal framework (complaint registration offices, law firms, justice courts etc.).
b) The debt collection company has an obligation to protect confidentiality and to ensure protection of the debtors’ personal data involved in the claim transfer or sent in collection process, in conformity with the valid legislation on personal data protection processing:
- Convention for the protection of individuals with regard to automatic processing of personal data, including the Additional Protocol to the Convention and other international agreements to which Moldova is a party;
- Law on Protection of Personal Data no. 133 of 08.07.2011 (with all subsequent amendments);
- Law on ratification of the Additional Protocol to the Convention for the protection of individuals with regard to automatic processing of personal data, regarding supervisory authorities and transborder data flows no. 110 of 09.06.2011;
- Law on Access to Information no. 982 of 11.05.2000;
- Law on the Registers no. 71 of 22.03.2007;
- Government Decision no. 1123 from 14.12.2010 on Approval of Requirements for assuring the personal data protection by their processing within the personal data information systems;
- Government Decision no. 883 of 25.11.2011 on Approval of the Technical concept of the automated information system "State Register of personal data operators".
CHAPTER IV
Article 9. Forbidden and unacceptable practices
The debt collection company and the persons acting on its behalf shall be guided by the laws of the Republic of Moldova and the present Code of Conduct and shall avoid the use of other methods which are contrary to national law or the present Code. In this respect, it is prohibited to:
1. The use of force, threat gestures or other actions that can touch the dignity of the debtor;
2. The use of vulgar language or any other terms that can touch the dignity of the debtor, including expression on rude tone;
3. The use of any other methods for debtor intimidation;
4. Disclosure of detailed information about the progress of debt collection to unauthorized third parties, especially to debtors’ minor family members;
5. Sending or usage of documents, letters, clothing or tools that would suggest that activities are conducted by a judge or any state agency, including the use of information belonging to or being designed for such agencies;
6. Providing false information about the debt, its nature, amount and its legal status;
7. Providing false information about the situation, qualifications, experience and professional duties of the collector, particularly unauthorized actions, acting on behalf of another debt collection company or providing false information about qualifications and duties related to legal professions;
8. Providing false information on the consequences debt nonpayment, including arrest or detention;
9. Suggesting that the debtor is a criminal, during meetings with the debtor or third parties;
10. Acceptance of money or other objects by collectors from debtors without a corresponding receipt bill;
11. The threats of any kind or actions that can violate the rights of ownership or possession of the debtor.
CHAPTER V
Article 10. Final Provisions
a) All provisions of this Code of Conduct are in conformity with the specifications in the documents of the Debt Collection Companies Association of Employers (www.apcd.md).
b) This code is designed to provide a full and clear understanding of the minimal rules of behavior of the debt collection companies and their respective employees. This Code does not represent a summary of INCASO policies or a list of rules for every situation that may encounter in INCASO’s activity. The right decisions and common sense can not be replaced.
c) Although the legislation vary from country to country, our values and requirements within this code do not have country borders. Some debt collection companies may find it useful or may consider necessary to develop their own policies, more rigorous than the provisions of this Code. This is allowed. However, a debt collection company can not accept practices that contravene the code.
