1. Appointment & Mandate Scope
By submitting a recovery instruction via this portal, the instructing party ("Client") appoints Deon Smit & Associates / Legal Collections Portal ("Collector"), registered with the Council for Debt Collectors under Registration 0110965/18, to act as its authorized agent to demand, trace, negotiate, and facilitate the recovery of outstanding claims against defaulting debtors.
The scope of services encompasses pre-litigation statutory demands, debtor tracing, telephonic and electronic recovery enforcement, and the registration of adverse default listings on major registered South African credit bureaux (TransUnion, Experian, XDS) where applicable.
2. The 0% Commission Fixed-Fee Model
Unlike traditional collection agencies that withhold between 15% and 30% of recovered monies:
- Zero Commission Deductions: The Collector does not deduct any percentage-based commission from the recovered capital.
- Fixed Administrative Fee: Services are rendered on an agreed once-off fixed administrative fee per instructed debtor file.
- Direct Settlement to Client: All recovered capital and statutory interest paid by the debtor are directed straight to the Client's nominated bank account.
3. Client Warranties & Debt Validity
The Client expressly warrants and confirms that:
- The debt submitted is legally valid, due, payable, and enforceable.
- The debt has not prescribed in terms of the Prescription Act 68 of 1969 (e.g., more than three years have not elapsed without formal acknowledgment, court summons, or partial payment).
- The Client holds supporting documentation (invoices, signed credit applications, delivery notes, or body corporate levy statements) substantiating the claim.
4. Credit Bureau Escalation Conditions
Credit bureau default listings are conducted strictly in accordance with Section 70 of the National Credit Act 34 of 2005. The Collector will issue a formal 20-business-day statutory notification to the debtor. In the absence of settlement or a valid dispute within the prescribed timeline, adverse default listing will be escalated to TransUnion, Experian, and XDS.
5. Direct Payments & Reporting
Should the debtor make payment directly to the Client after an instruction has been accepted and dispatched by the Collector, the Client agrees to notify the Collector in writing within 48 hours to update recovery records and prevent unlawful bureau enforcement.
6. Regulatory Compliance & Ethical Standards
The Collector adheres strictly to the Code of Conduct published under the Debt Collectors Act 114 of 1998. We do not engage in harassment, extortion, unlawful threats, or conduct prohibited by the Council for Debt Collectors. All operations are governed under South African law.