§ 22. You can demand a complaints board review in debt collection disputes

§ 22 is about complaint handling in debt collection cases. It makes it possible to establish complaints boards that deal with disputes between debtors and debt collection undertakings.

A complaints board is a complaints body. It is designed to deal with certain types of conflicts without you having to go straight to the courts. In debt collection cases, a complaints board can assess whether the debt collector (inkassator) has followed the Debt Collection Act, whether fees (gebyrer) are correct, whether good debt collection practice (god inkassoskikk) has been breached, and other questions within the complaints board's area.

The section says that such complaints boards can be established through an agreement. On one side are organisations representing debt collection undertakings. On the other side is the Norwegian Consumer Council or another organisation representing debtors. The point is that the complaints board should not just be the debt collection industry's own scheme. It must be based on an agreement between both sides.

If the agreement and the articles of association are approved by the authorities, the rules in § 22 third and fourth paragraphs and §§ 23 to 27 take effect. Articles of association means the rules for how the complaints board works. They may cover which cases the complaints board can deal with, how a complaint is submitted, and how the case is decided.

For you as a debtor, the third paragraph is the most important. It says that you can demand a complaints board review of disputes where the complaints board is competent, if you have a legitimate interest in the opinion. “Competent” means that the case falls within what the complaints board is allowed to deal with. “Legitimate interest” means that the case actually matters to you. You cannot complain just to get a theoretical answer.

The fourth paragraph gives consumers extra protection. If you took on the claim as a private individual, you cannot give up in advance your right to demand a complaints board review. So a debt collection agency (inkassobyrå) cannot write in its terms that “you cannot complain to a complaints board” and use that against you as a consumer.

What kinds of cases can the complaints board deal with?

The complaints board can deal with disputes concerning obligations under the Debt Collection Act between debtors and undertakings that carry on debt collection business. This means the case must be about the Debt Collection Act, not just about anything else.

Typical questions may be whether the debt collector followed good debt collection practice, whether the demand for payment (betalingsoppfordring) was correct, whether debt collection costs (inkassokostnader) can be charged, or whether the debt collector continued collection (inndriving) even though you had a reasonable objection (innsigelse).

But the complaints board does not necessarily deal with the principal claim (hovedkrav) itself. If you believe you never bought the item, that may be a question between you and the creditor (fordringshaver). The complaints board can still assess whether the debt collector should have stopped or looked into the case before further debt collection (inkasso). That is an important difference.

Example: You receive debt collection for a sofa you believe you never ordered. The complaints board may not be the right place to decide the whole purchase agreement. But the complaints board can assess whether the debt collection agency acted correctly when you protested.

What does legitimate interest mean?

Legitimate interest (saklig interesse) means that you have a practical reason to have the case assessed. You must be affected by the case.

If the debt collection agency is charging you fees, you have a legitimate interest. If you believe the debt collector has breached good debt collection practice towards you, you have a legitimate interest. If the case can affect what you have to pay, you have a legitimate interest.

On the other hand, you cannot complain about some random debt collection practice you have read about if it does not concern you. The complaints board is not made for general discussions. It deals with specific disputes.

This makes the scheme more orderly. The complaints board spends time on cases where someone actually needs an assessment.

Why is consumer protection important?

Many people who receive debt collection claims are private individuals. They may be stressed, unsure and afraid that the amount will grow. Debt collection often feels more serious than an ordinary bill. That is why it is important that there is a way to complain.

The fourth paragraph says that a consumer cannot waive the right to a complaints board review. This means that you cannot be bound by an agreement that removes this right before the dispute arises.

This matters in practice because agreements are often standard terms. You click “accept” on a subscription, an online shop or a service. You may not read everything. Even if it says that you cannot use an appeals board (klagenemnd), that will not shut you out if the conditions in the law are met.

The rule prevents strong professional players from pushing consumers away from a simpler complaints scheme.

What happens when you complain to a complaints board?

You normally submit a written complaint. You explain what happened, what you think is wrong, and what you want assessed. You attach documentation.

Documentation is important. Attach debt collection letters, payment receipts, emails, notice of termination, contract terms and other relevant information. The complaints board assesses the case based on what is presented.

The debt collection undertaking is usually given the opportunity to respond. The complaints board then assesses the case and gives an opinion or decision according to the rules that apply to the scheme.

§ 23 says more about the relationship between the complaints board and the courts. When a dispute is being dealt with by the complaints board, it cannot, as a general rule, be brought before the ordinary courts at the same time. This means that a complaints board review can affect the further process.

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Start by complaining in writing to the debt collection agency. Explain what you think is wrong. Ask for a reply.

If your complaint is not upheld, consider a complaints board review. Check whether the case concerns the debt collector's obligations under the Debt Collection Act. Typical topics are fees, notices, good debt collection practice and the handling of objections.

Gather documentation before you complain. Make a simple timeline: date of the invoice, date of the debt collection notice, date of payment or objection, and date of the reply from the debt collection agency.

Be specific. Do not just write “this is unfair”. Instead, write: “I paid within the deadline in the debt collection notice, and I therefore dispute the debt collection fee (inkassosalær).”