§ 27. Regulations on complaints board review in debt collection cases
§ 27 gives the authorities the right to make more detailed rules on complaints board review (nemndsbehandling) in debt collection (inkasso) cases. It also covers the information the debtor (skyldner) must receive about the right to complaints board review in the demand for payment (betalingsoppfordring). The section is short, but important because it makes the complaints system work in practice.
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The text of the law (unofficial translation)
The King in Council (Kongen) may issue regulations (forskrifter) to supplement and implement the rules in this chapter, as well as the provision in § 10 second paragraph letter f.
What does this mean?
§ 27 says that the authorities can make regulations that supplement the rules on complaints board review. A regulation is a more detailed rule than the law itself. The law sets the main framework. The regulation can fill in the practical details.
This chapter deals with complaints board review of disputes in debt collection cases. It starts with § 22, which allows complaints boards (nemnder) to be set up. Then come rules on the relationship with the courts, reporting to the Financial Supervisory Authority of Norway (Finanstilsynet), the complaints board's costs and the statute of limitations (foreldelse). § 27 comes last and says that more detailed rules can be made to make this work.
It is common for laws to do this. A law cannot always contain every detail. If everything had to be in the text of the law itself, the law would become heavy and hard to use. A regulation can say more about forms, deadlines, requirements for complaints, processing, reporting and practical routines.
§ 27 also refers to § 10 second paragraph letter f. That provision says that the demand for payment must inform you of the right to request complaints board review if the claim is being collected by a company with a debt collection licence (inkassobevilling). This means that regulations can cover not only the complaints board after you have complained. They can also cover the information you receive before you complain.
This is important. A right to complain is of little help if you do not know it exists. That is why the demand for payment must give information about the right to complaints board review in the cases where the law requires it. § 27 makes it possible to give more detailed rules about this.
Why are regulations needed?
Because complaints board review has to be practical. It is not enough to say that you can complain. You also need to know how to complain, what the complaint must contain, what the complaints board can review, and which deadlines apply.
Imagine you receive a debt collection claim and believe the fees are wrong. You want to complain. Then you need more than one sentence in the law. You need to know where to send the complaint. You need to know whether you must complain to the debt collection agency (inkassobyrå) first. You need to know which documents should be attached. You need to know what happens while the case is being processed.
Regulations can make such things clearer. They can also set rules that help the complaints board treat cases equally. If all complaints are handled according to the same routines, the system becomes more predictable.
This is also important for debt collection companies. They need to know what to inform the debtor about. They need to know how to respond in complaints board cases. They need to know which decisions must be reported onwards. Without clear rules, practice may differ from case to case.
What does this mean for you as a debtor?
For you, § 27 mainly means that the complaints system can have detailed rules. You should not have to understand the whole system just by reading one short legal provision.
When you receive a demand for payment, it must in certain cases inform you of the right to complaints board review. This follows from § 10 second paragraph letter f. § 27 makes it possible to make more detailed rules about exactly that information.
If you are considering complaining, you should look for information in the demand for payment. Does it say anything about a complaints board? Does it say where you can complain? Does it say what kinds of cases the complaints board can review? If the information is missing, this may be relevant when assessing whether the debt collector (inkassator) has followed the rules.
This does not mean that every small information error automatically makes the whole claim invalid. But it may matter for debt collection costs (inkassokostnader), good debt collection practice (god inkassoskikk) and whether the case has been handled correctly.
What does this mean for the debt collection agency?
For the debt collection agency, § 27 means that it must follow more than just the text of the law itself. If there are regulations on complaints board review or information about the right to complain, the debt collection agency must follow them.
A debt collection agency cannot say: “This is not set out in detail in § 22, so we do not need to do it.” If the regulation gives more detailed rules, they are also binding.
This is important for demands for payment. The demand for payment is a central document in the debt collection case. It must give the debtor an overview of the claim and the consequences. When the law requires information about complaints board review, the debt collector must make sure the information is correct and understandable.
If the demand for payment is deficient, this can have consequences. Under § 17, the debtor may in some cases avoid paying debt collection costs if the rules in §§ 9 to 11 have been breached. § 10 is one of these rules. Information about complaints board review can therefore become important in practice.
Why does § 27 refer to § 10?
Because § 10 deals with the demand for payment. For many debtors, this is often the first clear debt collection letter from the debt collector. The letter must then contain certain information.
§ 10 second paragraph letter f concerns the right to request complaints board review. It applies when the claim is collected by a company that runs a debt collection business (inkassovirksomhet) with a licence (bevilling) under § 5 first or third paragraph.
This may sound technical. In plain language it means: If an ordinary debt collection company that requires a licence is collecting the claim, the demand for payment must, in the relevant cases, inform you of the right to complain to a complaints board.
§ 27 allows the authorities to make more detailed rules about this information. For example, regulations can say how the information is to be given, what it must contain, and how it must be visible to the debtor.
What happens if the regulations are not followed?
If regulations issued under § 27 are not followed, this may mean that the debt collector has broken the rules. The consequence depends on what the error concerns.
If the error concerns the demand for payment, it may matter under § 17. It states that compensation (erstatning) for the debt collector's fee (vederlag) cannot be claimed if the rules in §§ 9 to 11, cf. § 12, have been breached. Since the demand for payment is regulated in § 10, errors there can be important.
If the error concerns complaints board review, it may affect how the complaint is handled. It may also matter for whether the debt collection company has acted properly and in line with good debt collection practice.
You should still be specific. Do not just write “you have breached the regulation”. Write what is missing, where the error is, and why it matters to you.
Examples
Ola receives a demand for payment from a debt collection agency. The claim concerns an old bill from a gym. Ola believes he cancelled his membership before the period the claim covers. The demand for payment only states the amount and the payment deadline (betalingsfrist). It says nothing about complaints board review, even though the debt collection agency is a company with a debt collection licence and the case otherwise falls under the rules. Ola complains in writing and asks the debt collection agency to explain why the demand for payment does not inform him of the right to complaints board review. He refers to § 10 second paragraph letter f and § 27. The outcome is not automatically that the principal claim (hovedkrav) disappears. But the missing information may be relevant. Especially if Ola was deprived of a real chance to understand his right to complain.
Mette receives a debt collection claim for an electricity bill she believes she has paid. The demand for payment clearly states that she can request complaints board review if she has a dispute the complaints board can review. It also explains where she can find more information. Mette first sends an objection (innsigelse) to the debt collection agency. They reject the objection. She then complains to the complaints board and attaches a payment receipt. Here the system works as intended. The information in the demand for payment helps Mette find the right way to complain. § 27 is part of the rules that make such practical solutions possible.
Common mistakes
- Thinking that § 27 does not matter because it only deals with regulations
- Forgetting that regulations are also binding rules
- Not reading the information about complaints board review in the demand for payment
- Thinking the right to complain is worthless if it is not explained thoroughly in the law itself
- Overlooking that errors in the demand for payment can affect debt collection costs
What should you do?
Read the demand for payment carefully. Look for information about complaints board review. Also check whether the letter explains what the claim concerns, the principal claim, interest, costs and deadline.
If you believe information is missing, write to the debt collection agency. Ask for an explanation. You could write: “I ask to be informed which complaints board scheme the case falls under, and why this is not clearly stated in the demand for payment.”
If you want to complain, gather documentation. Attach the demand for payment, earlier letters, receipts and emails.
Do not wait just because you are unsure about the regulations. Send a simple written protest within the deadline. You can add more detail later instead.