Did you know?
Debts can be sold for as little as 1% of their value.
Debts are usually sold in pools not individually.
Most debts are insured.
Unsecured debts can become secured debts.
Debts sold are not debts assigned.
Debt collecting agencies outsource their call centres off-shore purchasing Australian mobile and land line numbers tricking you into thinking you are being called from within Australia.
Debt collectors have NO power or authority.
Most debt collectors impersonate a legal entity pretending to be something they’re not.
A process server is a Court courier, nothing more nothing less.
Debt collectors, Process Servers and even Sheriffs use the term “Warrant for your arrest” to intimidate and threaten people what they won’t tell you is that it’s a Civil Warrant and only the police have the legal right to arrest a person in Australia.
Police do NOT get involved in civil matters unless directed to by the Court.
Your credit history can’t be washed away unless it was recorded by accident.
Most debt collectors don’t voice record conversations they take notes leaving room for errors and false and fabricated statements.
Debt collectors can not divulge any information regarding you or an alleged debt to a third party unless you have given them the right to do so in writing.
A Part 9 Debt Agreement is a form of bankruptcy.
Most debt negotiators make backdoor deals with debt collectors regardless of your liability.
What can you do about it?
Demand the factual documentation regarding the alleged debt not the assignment but the BILL OF SALE.
Refuse to speak with debt collectors and only correspond in writing.
Record all correspondence even conversations. (Tell the caller you are recording the conversation).
Never accept liability for a debt purchased by opportunists.
If you’re having your debt negotiated get everything in writing and agree only on your terms.
Never declare yourself bankrupt (let them do it).
If you are being served with papers accept them but refuse to converse with the courier/process server.
Never be intimidated, harassed or bullied by a debt collector, get their details, take a photo of them and call police if you feel threatened.
Never give your personal details over the phone.
Never sign a document sent by a debt collector.
Never agree to a Part 9 Debt Agreement unless you are fully aware of the implications.
Not all Debt Agreements are binding.
You can complain to the Office of Fair Trading or ASIC in regards to a debt collectors conduct.
Statute Barred
A debt may be statute barred (too old to pursue) because the Limitations of Actions Act 1958 (Vic) places a limit on the time a creditor has to take legal action to recover a debt. There are a number of reasons for having a time limit on a creditor taking legal action, including: As time goes by, relevant evidence is likely to be lost;
It is oppressive, even “cruel”, to a defendant to allow an action to be brought long after the circumstances which gave rise to it have passed.
If a creditor starts court action against you, and the debt is statute barred, you will have a complete defense to the action. If you tell a creditor that you believe a debt is statute barred, the creditor will be unlikely to start any court action against you.
The Privacy (Credit Reporting) Code 2014 a credit reporting body must, upon request, remove default information that relates to a statute-barred debt.
6 year limitation period
For most debts, a creditor must begin court action to recover the debt within 6 years of the date:
That you last made a payment or that you admitted in writing that you owed the debt.
The limitation period starts from the latest event in the above list.
The Debt Collection industry is designed for you to fail, you may fight the system which takes time and money or for just 10% of the debt you can fight back by engaging Australia’s own Debt Detective.