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Debt Collectors Obligation

Discussion in 'Other discussions' started by nev, Jun 21, 2012.

  1. nev

    nev Member

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    I handed a job to a debt collection company around 18 months ago
    All I got was a lot of excuses (some not very accurate)
    The last thing I heard from them was they would put it on hold for 6 months to make the person think they had got away with it then hit them with it all (there words)
    I really don't want any more excuses just action
    So If I went to another debt collector am I obligated to pay the original company anything

    To my knowledge there wasn't anything signed just emails and phone calls
  2. AgentMail

    AgentMail Well-Known Member

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    I would say if the debt is now 18 months old, you will struggle to find a debt collection agency that will touch it :(
  3. nev

    nev Member

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    And why is that
  4. Kennethti

    Kennethti Well-Known Member

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    Because if the debt is not paid within 18 months then it's usually considered unlikely that they will pay up anytime soon, in which its more appropriate for you to be considering whether proceedings should be brought in your local court or small-claims tribunal (VCAT or QCAT).

    That being the case you need to go back to the original letter of engagement or costs agreement that you have with your debt collectors. They should have given you one outlining their obligations and their costs.

    Some debt collectors seek payment when they collect. Some debt collectors work on a time-costing basis. It will depend on your agreement or contract with them.

    Before going to another company you should terminate your arrangement with your current debt collector. A lot of debt collectors say that the debt should be handled exclusively by them - to avoid any doubt, terminate the relationship before going to someone else.
  5. nev

    nev Member

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    Thank For the reply
    But

    They had no intentions of paying in the first place that why I engaged a Debt collector

    These people knew how to hide behind the privacy act


    I thought I had 3 years before the debt become uncollectable
  6. Kennethti

    Kennethti Well-Known Member

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    Hello Nev,

    If you are unsatisfied with the debt collector and their behaviour you should make an immediate complaint in relation to the work that they have done. However more importantly, there typically is a statute of limitations in relation to debt - if you leave it for too long without starting court action you might lose your entitlement to sue.

    Not all debt collectors are lawyers - some debt collectors can only take things up to a certain level before they refer the matter to a lawyer to commence proceedings.
  7. nev

    nev Member

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    Complain to Whom??
  8. Couple It

    Couple It Well-Known Member

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    A quick google search of "lodge complaint against debt collector" brings up the ACCC website. That would be a good place to start.

    Wendy :)

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