The new Debt Collection Act - a trap for the unwary - how to avoid committing offences when advising creditors on debt matters.
Speaker: Peter Sanderson, Senior Litigation Counsel, BeesMont Law Limited
Date: 4 October 2021
Time: 12:30 pm -1:30 pm
1 CLE Credit
Description: The Debt Collection Act 2018 finally came into force without much fanfare at the end of January 2020. Although the Act had been amended so that most law firms will not need to be licensed under the Act, attorneys still face criminal liability under the Act if they breach the far-reaching “unfair debt collection” provisions in respect of debtors who are individuals. These provisions impact not only on attorneys engaged in conventional debt collection work, but also on transactional or estate work that may include communication with debtors, and enforcing money judgments or costs orders at the end of contentious litigation, etc.
The CLE session will explore these issues of criminal liability and the implications of this. The session will not cover issues specific to licensed debt collectors.
Resources: http://www.bermudalaws.bm/laws/Consolidated%20Laws/Debt%20Collection%20Act%202018.pdf (Parts 1, 4 & 8)