First check whether the caller is a legitimate debt collector

The Council for Debt Collectors says only registered debt collectors may operate as debt collectors in South Africa, except for categories excluded by the Debt Collectors Act, such as attorneys and their employees.

Ask the caller for the following before discussing payment:

• Full name of the person calling.
• Name of the debt-collection company.
• CFDC registration details where applicable.
• Name of the original creditor.
• Account or agreement the debt relates to.
• Capital balance, interest and collection costs being claimed.

You can independently check a debt collector in the CFDC register. Do not rely only on a registration number sent by WhatsApp.

When can a debt collector phone you?

Calls during permitted hours can still become unlawful or improper if their frequency, language or purpose amounts to excessive harassment.

What behaviour crosses the line?

The Debt Collectors Act and the binding Code of Conduct prohibit conduct such as force, threats, intimidation and misleading representations.

Ask for written communication — but understand what that achieves

It is useful to tell the collector that you want account information, settlement figures and payment proposals sent by email. Written communication creates evidence and reduces misunderstandings.

There is a stronger rule where you are represented by a legal adviser: the debt-collection Code prohibits communication with the debtor when the legal adviser has notified the collector in writing to communicate through the adviser.

Keep evidence of every aggressive call

A complaint is much stronger when it contains specific incidents instead of a general statement that the collector “keeps calling”.

1. Save the phone number and caller ID.
2. Record the date and exact time of each call.
3. Note the caller's name and company.
4. Keep SMS, WhatsApp messages, emails and voice messages.
5. Write down the exact threat or statement that concerned you.
6. Keep proof that you previously asked the company to address the problem.

Can you record a collection call?

South Africa's Regulation of Interception of Communications and Provision of Communication-Related Information Act generally allows a person to intercept or record a communication when that person is a party to the communication, provided it is not being done for the purpose of committing an offence.

This means recording a call that you yourself are participating in can be useful evidence if threats or abusive statements are being made.

Do not give the caller unnecessary personal information

CFDC advises consumers not to disclose sensitive bank details or ID information over the telephone merely because someone says they are a debt collector.

Verify the organisation independently first. Do not provide:

• Online-banking passwords.
• ATM or card PINs.
• Banking OTPs.
• Security answers.
• Personal information about relatives that is unrelated to the debt.

Can collectors phone your family or workplace?

Do not assume that every third-party contact is automatically unlawful, but you have a right to confidentiality. A collector should not use relatives, colleagues or your workplace as a method of humiliating or intimidating you.

The Code expressly prohibits excessive harassment of a debtor's spouse or family and conduct at a residential or work address designed to expose or embarrass the debtor.

POPIA also requires personal information to be processed for a lawful and defined purpose. If debt information is being unnecessarily disclosed to unrelated third parties, keep evidence of exactly what was disclosed and to whom.

What if the debt is not yours?

CFDC specifically recommends obtaining the details of the original creditor and the total amount claimed before making arrangements.

Where should you complain?

Complaining to the CFDC

CFDC states that complaints against debt collectors must be submitted in writing and under oath. Attach call logs, recordings, messages and any correspondence supporting the complaint.

Complaining about a credit provider

The National Financial Ombud's Banking & Credit Division can deal with qualifying complaints against participating banks and credit providers. Its current rules can also treat a debt collector acting on behalf of a participating credit provider as that provider's service provider.

In practice, first submit a formal complaint to the credit provider and keep the reference number. If the matter remains unresolved, escalate it to the NFO where applicable.

What if the caller is an attorney?

The Debt Collectors Act excludes attorneys and employees of attorneys from the ordinary requirement to register as debt collectors. Therefore, not finding a law firm in the CFDC register does not automatically make the contact illegitimate.

Attorneys and other legal practitioners are regulated by the Legal Practice Council. The LPC allows members of the public to lodge written misconduct complaints with supporting documents.

Does debt review stop all collection calls?

Debt review is a formal NCA process for over-indebted consumers, but it should not be marketed as a magic switch that instantly removes every phone call.

Once you are under legitimate debt counselling, send the collector the debt counsellor's details and ask that account queries be coordinated through the formal process. Enforcement rights depend on the stage of the account and whether legal enforcement had already commenced.

Use only a debt counsellor registered with the NCR.

What if the calls contain genuine threats?

A practical response when the next call comes

1. Ask for the caller's full identity and company.
2. Ask for CFDC registration details if they claim to be a debt collector.
3. Do not debate your entire financial history on the phone.
4. Ask for the balance and account information in writing.
5. Record the time and content if the conversation becomes abusive.
6. End the call if threats or intimidation continue.
7. Send a written complaint to the company and creditor.
8. Escalate repeated misconduct to the correct regulator.

Do not sign an acknowledgement of debt without checking it

CFDC specifically reminds consumers that they are entitled to obtain legal advice before signing documents. An acknowledgement of debt can have significant legal and financial consequences.

This is particularly important if the amount is disputed, the account is very old or you do not recognise the debt.

FAQ about aggressive debt collection calls

Article author

Sipho Dlamini

Personal Finance Content Editor

Sipho Dlamini is the editorial byline used for CreditNice content covering personal credit, debt management and consumer borrowing in South Africa. The profile image is illustrative.