ICE8000 credit business account collection standard

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ICE8000 international credit standard system 
credit business account collection standard

(Version: ICE8000-032-20050412-20160613-23) 
(This standard) Writer: Fang Bangjian ; proposer: Fang Bangjian ; deliberative body: World Credit Organization Credit Standards Committee; effectiveness level: administrative resolution

Chapter I General Provisions

1.1 In order to facilitate people to use credit and punishment methods to collect accounts according to law, improve the success rate of business account collection, standardize credit business collection activities, promote social integrity, reduce transaction costs, and enhance human well-being, in accordance with international practices and international legal principles. The World Credit Organization [WCO] has developed this standard.

1.2 The main legal basis for the development, application and implementation of this standard is as follows:

(1) The principle of freedom of the Constitution. The constitutions of the vast majority of countries in the world give people the freedom to defend their legitimate rights, the freedom to maintain social justice and the freedom to express their opinions.

(2) The principle of public order and goodness of law. This legal principle gives people the right to maintain social justice. The basic principles of civil law in most countries of the world include the principles of public order and good customs.

(3) The principle of good faith in law. This legal principle gives people the obligation of good faith. Most countries in the world regard the principle of good faith as the basic law of their civil and commercial laws.

(4) The principle of freedom of contract in law, also known as the principle of free agreement. This legal principle gives people the freedom to enter into a civil contract. The basic principles of civil law in most countries of the world include the principle of freedom of contract.

According to the above legal basis, the ICE8000 credit institution has the right to evaluate the behavior of the relevant unit or individual, and has the right to urge the relevant unit or individual to correct the act of dishonesty, and to have the right to spread the facts of the relevant unit or individual. Of course, the ICE8000 credit institution should bear legal responsibility, credit responsibility, and industry self-discipline responsibility for its unfair evaluation or other practice.

According to the above-mentioned legal principles, if the relevant unit or individual refuses to exercise the right of dissent within a reasonable time limit or refuses the proper exhortation proposed by the ICE8000 credit institution, it shall bear the corresponding consequences.

1.3 The conduct of the application and implementation of this standard shall be deemed to be the tripartite or multi-party contractual act of the World Credit Organization [WCO] in Delaware, USA, as an attestation or supervisor, and The relevant disputes arising from this act are applicable to and protected by the laws of the State of Delaware and the United States, and the jurisdiction is also the International Court of Ethics or the Delaware Court of the United States and the United States Federal Court. If the parties have agreed otherwise or otherwise stated in the applicable law and/or jurisdiction, the binding does not involve the World Credit Organization [WCO].

1.4 The credit business account collection referred to in this standard refers to the credit service that the ICE8000 credit institution uses the credit punishment to supervise the debtor to perform the repayment obligation. The service first confirms the authenticity and legitimacy of the creditor's rights by reviewing the contract, legal documents and other materials, and notifies the debtor to repay the loan. If the debtor refuses to repay the loan and does not raise an objection or the objection is obviously not established, then the bad credit record will be recorded. By gradually expanding the way of sending the face, the debtor is subject to continuous credit penalties to encourage him to perform his repayment obligations.

The ICE8000 credit institution referred to in this standard, also known as the ICE8000 international credit institution or the World Credit Organization [WCO] member credit institution, refers to the requirements of the ICE8000 international credit standard system in terms of knowledge structure, work ability and professional ethics, and is awarded the World Credit Organization. [WCO] certification, in the credit evaluation and other credit practice work have the right and obligation to comply with the ICE8000 international credit standard system standards, to prevent their own abuse of credit evaluation and other rights or damage to the legitimate rights and interests of other types of credit companies and other credit practitioners. The ICE8000 credit institution is a member unit of the World Credit Organization [WCO], not a branch, representative office, agency or subordinate organization of the World Credit Organization [WCO]. According to the business scope of ICE8000 credit institutions, ICE8000 credit institutions can also be called ICE8000 credit reporting agencies, ICE8000 Lixin institutions, ICE8000 training institutions, and ICE8000 management consulting organizations.

The terms of the standard referred to in this standard refer to a group of legally punitive language, which is used to clearly inform the relevant parties of the adverse consequences that will be borne by the credit institution after rejecting the legitimate request. Its language structure is: effective conditions + adverse consequences. Before the effective conditions come into effect, the adverse consequences can be understood as threatening language. After the effective conditions are effective, the adverse consequences can be understood as the consequences of punishment. The conditions for the entry into force of the notice are effective, which may be referred to as the notice clause.

1.5 Credit business accounts are collected and follow the principles of honesty, legality, rationality, mutual assistance, independence, neutrality, and reward and punishment.

1.6 This standard is applicable to ICE8000 credit institutions for credit business account collection. Other units may carry out the credit business account collection or the ICE8000 credit institution to collect the creditor's rights of the unit, which may refer to this standard.

1.7 All parties applying this standard shall abide by the principle of good faith, moral bottom line and social responsibility bottom line in the process of applying this standard, and exercise and assume the rights and obligations stipulated in this standard.

1.8 All parties to this standard are deemed to have fully understood and committed to comply with all the terms of this standard. However, if any party to this standard finds any unfairness in any of the provisions of this standard, it has the right to publicly declare that it is not subject to public disclosure of the relevant circumstances and reasons and written notice to the World Credit Organization [WCO]. Terms and conditions.

1.9 If the untrustworthy person receives the letter of encouragement from the credit institution or the relevant letter, and promptly corrects the act of dishonesty or promptly and honestly raises a reasonable objection, it shall not carry out credit punishment, and shall carry out credit reward according to the actual situation. If the untrustworthy behavior is not corrected in time or if a reasonable objection is not filed in time or the letter of dissent is lost in the opposition procedure, the credit institution must initiate the credit and punishment procedure, and must do its best and persistent credit and punishment until the untrustworthy corrects the untrustworthy behavior. The earlier the untrustworthy person corrects the untrustworthy behavior, the smaller the credit punishment is, and the less the loss of the loser.

Chapter II Collection Procedures and Requirements

2.1 Credit merchant account collection is carried out as follows:

(1) The creditor submits the information. Creditors should truthfully provide the following information:

A. Reasons for debt formation;

B. The creditor has made efforts to promote the account;

C. Reasons for debts raised by the debtor;

D. The opinion of the creditor on the reasons for the debtor’s debt;

E. Creditors' repayment requirements and claims;

F. Evidence related to debt.

The creditor shall make a good faith guarantee in the form of a conscience vow, and ensure that the above information is submitted in accordance with the principle of good faith, the moral bottom line, and the social responsibility bottom line.

(2) Initial review and signing of the contract.

The ICE8000 credit institution conducts the preliminary examination. Upon preliminary examination, the creditor's rights are true and justified. They can accept the creditor's entrustment and sign a service contract and/or file a case. If necessary and possible, ICE8000 credit institutions can acquire claims.

(3) Deeply understand and review the creditor's rights. The international credit practitioners shall further review the information provided by the creditors. If the information is incomplete, the creditor shall be required to make corrections; if the auditor believes that the creditor's rights are untrue or improper, the creditor should be required to explain the situation. If the creditor refuses to explain, or if it is considered that the claim is indeed untrue or improper, the dunning procedure shall be terminated.

(4) Properly produce the “Credit Dumping Letter”, correctly determine the admonition clause and reasonable time limit for dissent, and warn that the terms should not contradict the laws of the host country and the ICE8000 international credit standard system standards.

The Credit Dunning Letter should also meet the following formal requirements:

A. The title should be *** (ICE8000 Credit Agency) about *** (debtor) *** credit reminder.

B. The facts are clear, objective and comprehensive, and the writing is smooth.

C. There must be no insulting language or subjective language.

D. There must be no illegal language.

(5) Record the “Credit Dumping Letter” to the World Credit Organization [WCO], and record the filing number, verification password and verification website in the “Credit Dumping Letter” after filing.

(6) Delivery of the "Credit Dumping Letter".

(7) If the debtor requests repayment according to the "credit dunning letter", the dunning letter shall be deleted and the debtor shall reply and praise. If the debtor raises an objection, the international credit practitioners should listen carefully and review it and give feedback to the creditors. The evidence and reason for the objection can fully prove that the claim does not exist and the collection procedure is terminated. If the creditor and the debtor each hold the same word, the ICE8000 credit institution should actively mediate. If the mediation is unsuccessful, it should be submitted to the International Moral Court for trial. If the debtor does not repay the money and does not raise a reasonable objection or falsification or an independent act of dishonesty, it shall be punished according to the warning clause in the letter.

(8) If the creditor's rights are not true or the dunning has been successful, the ICE8000 credit institution will issue a written application for settlement to the creditor, otherwise, it may not apply for closing the case.

(9) The creditor issues an opinion on the quality of service. If the creditor agrees to close the case, the case will be closed.

2.2 The time limit for the ICE8000 credit institution to give the debtor no objection shall not be less than 7 days, which shall be calculated from the date of delivery of the dunning letter and/or relevant documents.

In order to be able to identify credit information and evidence submitted by creditors fairly, fairly and objectively, the ICE8000 credit institution has the right to require the debtor to provide a written objection on the principle of fairness and equivalence, and also to require the debtor to follow the credit rating standard of the ICE8000 International Credit Standard System. Submit a dissent message. If the debtor rejects the above requirements, under the same conditions, the validity or dissemination of the objection will be less priority than the above-mentioned form of objection.

If the debtor waives the right of dissent, the ICE8000 credit institution should still carefully examine and identify the relevant credit information and the evidence submitted by the creditor to ensure the fairness, impartiality and objectivity of the relevant practice and credit information.

2.3 In order to deal with debt disputes fairly and fairly, the ICE8000 credit institution has the right to require the debtor or creditor to perform its burden of proof. If the relevant party believes that the burden of proof assigned by the ICE8000 credit institution is illegal or unreasonable, it may refuse, but should indicate the rejection. reason.

If the creditor or the debtor refuses to give evidence, the ICE8000 credit institution should still carefully review and identify relevant credit information and evidence to maximize the fairness, impartiality and objectivity of the relevant practice and credit information.

2.4 If the debtor refuses to repay the loan without due cause, the ICE8000 credit institution shall carry out unswerving and continuous credit penalties. Without proper cause, ICE8000 credit institutions may not revoke credits and penalties.

2.5 In the dunning process, if the debtor or the relevant party has an unfair act other than the arrears, such as untrustworthy behavior, untrustworthy related behavior, and evil behavior, the ICE8000 credit institution shall carry out unswerving and continuous credit. Punish. Without proper cause, ICE8000 credit institutions may not revoke credits and penalties.

2.6 For debtors who are unable to contact or refuse to sign the letter, responsible persons of malicious and untrustworthy acts, etc., the ICE8000 credit institution may advertise the relevant letter or publicly solicit or publicly disclose the relevant credit information.

2.7 With the consent of the creditors, the ICE8000 credit institution may delegate the collection business to other ICE8000 credit institutions, and the industry self-discipline responsibility after the entrustment shall be borne by the entrusted ICE8000 credit institution, and the entrusting party and the trustee shall jointly assume the joint law with the creditor. responsibility.

2.8 The practice documents issued by the ICE8000 credit institution shall be filed with the World Credit Organization [WCO], and the record number, verification password and verification website shall be written into the practice document after the record is filed.

2.9 The ICE8000 credit institution shall perform due diligence on the work of the World Credit Organization [WCO] in a timely manner. When doing due diligence, you should declare a conscience vow clause to ensure that you follow the integrity principle, the moral bottom line, and the social responsibility bottom line for registration.

2.10 The ICE8000 credit institution shall guarantee the legality and rationality of its work and behavior. If it violates laws, regulations, ICE8000 standards or other faults, it shall independently bear the corresponding legal and credit responsibilities, and has nothing to do with the creditors.

2.11 Creditors have the right to inquire about the due diligence of ICE8000 credit institutions and international credit practitioners.

2.12 The creditor may not maliciously collude with the debtor or the relevant party, or maliciously evade the commission that should be paid by other means.

2.13 The good deeds of the debtor and related parties to implement the reasonable request of the ICE8000 credit institution shall be regarded as an independent charity, and shall be officially praised in accordance with the “ICE8000 Official Recognition Standard”.

2.14 ICE8000 credit institutions and international credit practitioners must do the following three points in order to diligently perform their duties:

(1) Continue to carry out credit punishments for misconduct, such as untrustworthy behavior, untrustworthy related behaviors, and evil behaviors encountered during the dunning process, until they are corrected;

(2) to praise the various charities encountered during the dunning process;

(3) Cases that have not been successful after active credit supervision and/or credit penalties and/or credit mediation should be referred to the International Moral Court.

2.15 Due to creditors' reasons, ICE8000 credit institutions and international credit practitioners fail to meet the diligence and due diligence requirements described in 2.14. ICE8000 credit institutions and international credit practitioners do not assume responsibility for diligence and diligence. However, when creditors make or appear to interfere with the diligence and diligence of ICE8000 credit institutions and international credit practitioners, ICE8000 credit institutions and international credit practitioners should promptly and in writing inform creditors of the above consequences. If the creditor receives the notice, if the relevant nuisance can be eliminated in time, the ICE8000 credit institution and the international credit practitioners must still perform their due diligence in accordance with 2.14.

Chapter III Propagation and Use of Credit Dunning Letters

3.1 After the credit dunning letter is filed with the World Credit Organization [WCO], the scope of dissemination is classified and determined as follows:

(1) Credit reminder letter during the objection settlement period.

The credit dunning letter is a credit reminder letter during the objection settlement period after the credit dunning letter is filed and before the end of the objection settlement period. This type of information is top secret information and is only available to information parties (or their authorized units or individuals), World Credit Organization [WCO], and ICE8000 credit institutions.

(2) Credit reminder letter during the dispute processing period.

If the debtor raises an objection within the effective objection settlement, the dunning procedure enters the dispute resolution period. This type of information is top secret information and is only available to information parties (or their authorized units or individuals), World Credit Organization [WCO], and ICE8000 credit institutions.

(3) Credit reminder letter during the credit penalty period.

If the debtor refuses to repay the loan and refuses to raise an objection or violates the principle of good faith in the process of opposition, if the ICE8000 credit institution intends to file or has filed a credit penalty procedure, it is a credit reminder letter for the credit penalty period. Such information is confidential and can only be accessed by the information subject (or its authorized unit or individual), [associated with the organization], or by the unit or individual authorized by the ICE8000 credit institution.

3.2 The referee of the credit dunning letter shall make the following promises and guarantees, and attach the conscience oath clause:

(1) Promises to read the applicable standards of this information and promise to abide by the standard;

(2) Ensure that you are in compliance with the scope of this information and have the right to read this information;

(3) Commit to the principle of good faith, moral bottom line, and social responsibility bottom line to use this information to ensure that this information is not used for improper purposes;

(4) For confidential information, promise to keep the information confidential and ensure that it is not transmitted to units or individuals who do not have the right to read this information;

(5) If you violate the above commitments and guarantees, you are willing to bear the corresponding liability for breach of contract according to the ICE8000 international credit standard system.

3.3 No unit or individual may consult or transmit a credit reminder by illegal means or by improper means.

Units or individuals who read credit dunning letters may not use credit dunning letter information for improper purposes.

The credit donation letter shall not be used as evidence of litigation, administrative punishment or related activities without the written permission of the party with the credit reminder letter, except for units or individuals directly related to the content of the information.

Chapter IV Liability for breach of contract and method of investigation

4.1 If the party violates the provisions of this standard, it shall bear the following liability for breach of contract:

(1) The corresponding legal liability, namely: the legal punishment prescribed by the relevant applicable law.

(2) Corresponding credit responsibility, that is, to bear credit punishments such as internal complaints, public complaints, credit warnings, internal exposure, public exposure, joint exposure, etc.

(3) The corresponding industry self-discipline responsibility, namely: announcement of criticism, fines, cancellation of credit card, prohibition of self-discipline and other disciplines.

(4) If the breach of contract causes losses (including material damage and mental damage) to others, it shall be liable for compensation. If the breach of contract constitutes a malicious dishonesty, it shall also make punitive damages to the infringed person in accordance with international practice and the principle of common law.

4.2 Method of investigation of breach of contract liability:

(1) According to the "ICS8000 International Credit Standard System Internal Complaint Standard" or "ICE8000 International Credit Standard System Public Complaint Standard" or "ICE8000 International Credit Standard System Credit Warning Standard" or "ICE8000 International Credit Standard System Internal Exposure Standard" or "ICE8000" International Exposure Standards for Public Credit Standards or Joint Exposure Standards for ICE8000 International Credit Standards System for credit complaints and credit penalties;

(2) Applying for arbitration under the International Credit Dispute Arbitration Commission in accordance with the ICE8000 International Credit Standards System International Credit Dispute Arbitration Standard, without the need to submit a separate arbitration agreement;

(3) Apply to the International Moral Court for trial in accordance with the ICE8000 International Credit Standards System International Credit Dispute Trial Standard;

(4) If the defaulter has the membership of the World Credit Organization [WCO], the parties also have the right to make a complaint in accordance with the World Credit Organization [WCO] Member Supervision Standards;

(5) File a lawsuit in the US Delaware Court or the US Federal Court in accordance with the laws of the State of Delaware or the United States federal law.

4.3 Violations of the provisions of this standard may and should be considered as an independent breach of contract or dishonesty. If the relevant parties appear in the process of applying this standard, such acts as fraudulent, covert, defamatory, insulting, and denying others' credit evaluation rights, the act is an independent malicious dishonesty act or an independent serious malicious dishonesty. The parties concerned have the right to merge. Investigate or separately pursue the responsibility of the independent dishonesty.

4.4 The responsibility for breach of contract in this standard shall be based on the principle of ignoring:

(1) Only the aggrieved party will take the initiative to pursue the investigation, and the defaulting party will bear the corresponding liability for breach of contract;

(2) The aggrieved party has the right to decide whether to initiate the corresponding accountability procedure for breach of contract;

(3) The aggrieved party has the right to understand the defaulting party or reach an agreement with the defaulting party.

4.5 For employees or agents who participate in, execute, or assist the parties to breach the contract, the aggrieved party has the right to pursue its corresponding responsibility unless it proves that it is not at fault.

4.6 The World Credit Organization [WCO] shall bear economic compensation for its own faults, and the expenditure for economic compensation shall be included in the financial plan of the World Credit Organization [WCO] for the next year. If the economic compensation is relatively large, compensation shall be made in each year.

After accepting economic compensation, the World Credit Organization [WCO] has the right to recover losses from units or individuals responsible for acts of dishonesty with gross negligence or subjective intent.

Chapter V Supplementary Provisions

5.1 This standard is implemented as of the date of promulgation.

5.2 The relevant materials such as the “Credit Dumping Letter” may be sent to the debtor and/or its agent by registered mail or by express mail, fax, telex, electronic network or other means deemed appropriate by the World Credit Organization [WCO]. .

Any written communication sent to the debtor and/or its agent shall be deemed to have been served if it is submitted to the addressee in person or to the addressee's place of business, habitual residence or correspondence address.

For debtors who are unable to contact or refuse to sign the letter, and those responsible for malicious and untrustworthy acts, they may use the network announcement method to deliver the relevant materials according to the "ICE8000 International Credit Standard System Document Announcement Delivery Standard". If it is delivered by the network announcement party, it will be served on the 60th day after the first publication of the delivery announcement.

5.3 The terms involved in this standard, if their meaning is not agreed in this standard, the meaning of which is described in the “International Credit Industry Terminology of ICE8000 International Credit Standard System”.

5.4 All relevant parties submit various types of materials submitted to the World Credit Organization [WCO] (or ICE8000 Credit Agency) in accordance with this standard. For the copyright agreement, see the ICE8000 International Credit Standard System Document Copyright Management Standard.

5.5 If all parties concerned know or ought to have known that any of the terms or conditions of this standard have not been complied with, but still do not expressly file a written objection in time for this non-compliance, it is deemed to waive their right to file an objection. The waiving party shall bear the legal consequences such as losses caused by the waiver, and the World Credit Organization [WCO] and other parties shall not be responsible for this.

5.6 This standard will be revised and improved. All parties applying this standard should pay full attention to the revision of this standard and apply the latest version of this standard, but the behavior that occurred before the revision of this standard may not be subject to the new revised clause. The official website of the latest Chinese version of this standard is: https://www.ice8000.org/aenhw/gc/32.html .

5.7 The copyright of this standard belongs to the World Credit Organization [WCO], and members can use it for free and unlimited use; non-members can use it for free, study, training, research, self-use, reprint, citation, adaptation, reference, reference under the premise of indicating or declaring the source. , reference. No unit or individual may plagiarize plagiarism or disguise plagiarism or otherwise infringe. Otherwise, we will jointly expose the infringing units, individuals and related personnel after the investigation of the infringement facts is clear (to issue a credit wanted order to the society). And reserves the right to pursue their legal responsibility. Do not infringe or infringe.

5.8 The version number of this standard is expressed as: ICE8000-abcd, where: the front-end ICE8000 indicates that this standard belongs to one of the standards of the ICE8000 international credit standard system; a is the serial number of the standard in the ICE8000 system standard, if this standard is Abolished, the serial number is sometimes transferred to other standards; b is the initial writing time of this standard; c is the latest revision time of this standard; d is the number of revisions of this standard.

5.9 This standard is interpreted by the World Credit Organization [WCO].