A firm of debt collectors and two of its directors have been fined for improper conduct, the Council for Debt Collectors said on Tuesday.

Last year a disciplinary committee found Pretoria-based debt collectors Kochnel Bantjes and Partners, and two of its directors, guilty of 296 charges of improper conduct, the council said in a statement.

"The charges of improper conduct related to eight charges of unregistered debt collectors, one charge of failing to register as a director and 287 charges concerning the issuing of false emolument attachment orders, which were allegedly issued by the Magistrate's Court in Johannesburg," the statement said.

According to the council, its disciplinary committee found no files existed for the alleged emolument attachment orders under the numbers reflected at the Magistrate's Court in Johannesburg.

"It was also clear that this particular court had no jurisdiction in the matter and that the emolument attachment orders could not have been issued out of this court," the statement said.

The total amount to be collected from these emolument attachment orders over a period of time was calculated to be more than R3.6-million.

The council said Kochnel Bantjes and Partners and its two directors were jointly and severally fined by its disciplinary committee an amount of R5000 in respect of each of the 287 charges concerning the false emolument attachment orders.

The total fine amounted to R1.435-million.

"Furthermore the three respondents' certificates of registration were in terms of section 15(3)(b) of the Debt Collectors Act suspended for a period of six months," the statement said.

"This suspension was in terms of section 15(4) of the act suspended on the conditions that the respondents are not during the period of suspension again convicted of a contravention of section 15 of the Debt Collectors Act and that the fines imposed are paid within six months from the date of the sentence."

The council said the respondents were jointly and severally fined an amount of R10 000 for the unregistered debt collectors.

They were also ordered to pay the Council costs of R170 000.

The council said the respondents had indicated they wished to appeal all convictions and sentences.

Sapa

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