This law extends beyond traditional debt collection services

Published on 12/03/2024

Xolv has been working with Mariënbergh Incasso Services for many years. Director Patrick Spierings has been in the business, as he puts it himself, "for about 40 years". Lawyer Robbert Goossens joined the company early this year. Robbert is a specialist, among other things when it comes to the Debt Collection Services Quality Act: "The entry into force of this act has been postponed several times, but now it really will take effect on 1 April. The Wki introduces major changes."

Robbert: "And that extends beyond changes for debt collection service providers, the scope has been formulated much wider than initially intended. Lawyers, bailiffs, factoring companies, property managers and VvE administrators will also have to register and meet specific (quality) criteria. The Act has been passed and is fixed, the standards will be fleshed out in the decree. Here and there, the shoe still wiggles a little, for instance, in the fact that parties must be affiliated with an independent dispute party. There is a party, but they set affiliation requirements, in terms of the size of an organisation, for example, which not every party meets."

Many neat debt collection service providers

Patrick: "There are many debt collection companies that collect with cleanliness and integrity. With the Wki, rogue clubs should be barred. It has been several years since this was included in the coalition agreement. The excesses were supposed to disappear, but in practice, the scale of the problem is not so bad, in my opinion. This new law is quite a burden on organisations. The regulatory and administrative burden is increasing, as are the costs involved. Take the registration requirement, this requirement costs organisations extra money." Robbert: "In addition to the registration obligation, quality requirements have been formulated. Briefly explained, staff must be trained, they must remain permanently trained and intervision must be used."

Administration burden

Robbert: "In addition, there are requirements for proper administration. For example, to identify and act on debt problems. This already happens in practice, by the way. And last but not least, the provision of information and approaching debtors must be sound. For instance, the invoice must be properly broken down and you must not approach a debtor after certain times and on certain days. To put it briefly, you just have to deal with debtors properly. And for most organisations, this is already the normal course of business, of course. Just to be clear: the Wki applies to collections from natural persons: consumers and therefore also owners of sole proprietorships or VOFs. Companies that only collect receivables from private limited companies are exempt." 

About Marienbergh

Mariënbergh is a medium-sized specialised collection agency and legal consultancy with debt collection at home and abroad as its core business. But it also provides legal advice, conducts legal proceedings and deals with debtor management. It built its excellent reputation through result-oriented and personal communication. Customised work at the highest level! Xolv enjoys working with Mariënbergh, especially when trajectories seem to become difficult. Patrick: "Generally speaking, we still bring that to a successful conclusion."

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