Debt Collectors Obligation

[nev]

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

[AgentMail]

Originally Posted by nev

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

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

[nev]

Originally Posted by AgentMail

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

And why is that

[Kennethti]

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.

[nev]

Thank For the reply
But

Originally Posted by Kennethti

Because if the debt is not paid within 18 months then it's usually considered unlikely that they will pay up anytime soon,.

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

[Kennethti]

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.

[nev]

Originally Posted by Kennethti

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. .

Complain to Whom??

[Couple It]

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

Wendy