§ 6. The boss is responsible for making sure everything is done lawfully
Whoever has been granted a licence (bevilling) to run a debt collection company (inkassoselskap), or the lawyer who runs it, has a personal responsibility. They have a duty to actively check that all employees follow good debt collection practice (god inkassoskikk) and deadlines, and that the business operates lawfully. Mistakes cannot simply be swept under the carpet as a routine failure.
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
The text of the law (unofficial translation)
The holder of a debt collection licence (inkassobevilling) shall ensure that the conditions in § 5 are met when debt collection business (inkassovirksomhet) is carried out under the licence. Licence holders (bevillingshavere) shall also ensure that the debt collection business is carried out as provided in §§ 8 to 12, that any orders (pålegg) under § 30 third paragraph are complied with, and that the business is otherwise also carried out in a lawful manner.
The King in Council (Kongen) may issue regulations (forskrift) on a duty for holders of debt collection licences to keep the supervisory authority for debt collection business informed about the debt collection business carried out under the licence.
Lawyers shall ensure that the debt collection business carried out under their licence to practise law (advokatbevilling) is carried out as provided in §§ 8 to 12, and is otherwise also carried out in a lawful manner.
What does this mean?
If you work at the till in a grocery shop and ring up the wrong price for a litre of milk, it is an annoying mistake, but the store manager does not lose their job because of it. In the debt collection industry, the stakes are much higher. A misplaced comma can ruin a person's finances or send a case unlawfully to the enforcement officer (namsmannen).
Section 6 establishes a very strict "duty to ensure". This means that the holder of the debt collection licence (the boss) must make sure that everything is done correctly. They cannot just sit in their office and let the case handlers do as they please. They must actively build computer systems, training routines and control mechanisms that ensure the rules of the law, especially sections 8 to 12 (which deal with deadlines, good debt collection practice and written notices), are followed to the letter.
The law says they shall "ensure that the business is otherwise also carried out in a lawful manner". This is a gigantic umbrella. If an employee harasses people on the phone, it is the boss's responsibility. If the IT system sends out notices with a 10-day deadline instead of 14 days, it is the boss's responsibility. If the money they collect is mixed with the company's own money to dress up the accounts, it is the boss's responsibility.
This applies equally to lawyers who carry out debt collection (inkasso). A lawyer may have employees who do the collecting, but it is the lawyer's own head on the block if the rules are broken.
In addition, the section gives the state (the King in Council) the right to require debt collection companies to report regularly on how they operate, so that the Financial Supervisory Authority of Norway (Finanstilsynet) can have a full overview.
What does it mean when a case handler makes a mistake against you?
People make mistakes, including in debt collection agencies (inkassobyråer). Perhaps they send you a claim for a bill you have already documented was wrong. If you call the agency, you may often get the answer: "Sorry, there was a glitch in the system" or "It was the case handler who forgot to put the case on hold".
What section 6 gives you is a powerful argument in return. If the mistake means they have broken the rules on good debt collection practice, you can demand that the extra costs be deleted. The agency cannot hide behind an employee having "made a slip". The law expressly says that the licence holder is responsible for making sure such slips do not happen. If the slip affects you wrongfully, you shall be held financially harmless, and the agency must take the loss itself.
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Example
Petter has fallen behind with his bills, and one of the cases has gone to a large debt collection agency. He sends an email in which he disputes (bestrider) the claim because the item arrived damaged. Three days later, he nevertheless receives a sharp text message from a case handler at the agency threatening that "if you don't pay today, the case will go to a forced sale of your belongings". This is contrary to good debt collection practice (the claim must be frozen when it is disputed). Petter sends a complaint directly to the agency's management. The licence holder immediately realises they have a problem. Because § 6 requires them to ensure lawful operation, they step in, drop the case, apologise for the case handler's behaviour, and delete all fees (gebyrer). If Petter had tipped off the Financial Supervisory Authority of Norway, the company could have faced a serious sanction.
Common mistakes
- Accepting a "computer error" as the agency's excuse for why you got too short a payment deadline (betalingsfrist). They are obliged to have systems that prevent this.
- Not taking the complaint further up the hierarchy. If you get an unreasonable answer from customer service, ask to speak to the person responsible for compliance or the licence holder.
- Believing that the debt collection agency is allowed to do exactly as the client (the creditor (kreditor)) asks them to. Even if a furious carpenter asks the agency to come down hard on you, the agency's management is obliged to follow the law and protect you from unreasonable pressure.
What should you do?
If you find that a debt collection company is acting unlawfully towards you — for example by demanding unlawful fees, sending notices without a lawful deadline, or refusing to listen when you disagree with the claim:
1. Show that you know the rules — In the email you send, feel free to use the phrase: "The way the case has been handled appears to be a breach of routines and good debt collection practice. I ask that the licence holder review the case." This works as a red warning light internally at the agency. 2. Demand an immediate clean-up — If they make mistakes with statutory deadlines, they must start the process all over again. You do not have to accept that they just tweak the notice a little. 3. Go to the appeals board — If the boss of the debt collection agency does not take the responsibility section 6 places on them, you can bring the case before the Debt Collection Complaints Board (Inkassoklagenemnda). Independent lawyers will then assess whether the agency has failed in its statutory responsibility.