WA Credit Card Debt Already Paid For - Debt Collector Double Dipping?

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Phanelope

Well-Known Member
11 February 2018
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Hi

I received a phone call from a collection agency a few days ago asking to pay off a debt of my mother's that had been handed to them from the Commonwealth bank. I told him that I had already made an arrangement with Commonwealth bank shortly after my mother passed away and gave him the details of the person who was handling the account.

Yesterday, the debt collector called me back and told me it was a different credit card held by Commonwealth bank (why would they give her another when she didn't pay off the first?) and he sent me an email with the debt info. I checked it over and it is in fact the same credit account for the same value except the credit company has added interest. I informed him it is the same credit card I have already paid off but have been told I have to pay their debt as they have rights to it.

Can they do that since I've already paid it? Isn't this something they should have to sort out with the bank as the bank never told me it had been handed to a collection agency?
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Gold Coast, Queensland
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Nope, and nope. Ask for verification of the debt.

In any case, you shouldn't be paying for your mother's debt. That comes out of the estate - not your pocket (unless the estate is already divided, and the executors accepted an undertaking to meet liabilities if they arose).
 

Phanelope

Well-Known Member
11 February 2018
16
0
71
Sorry, by "me" I meant the estate (I'm the executor). They gave me verification in a copy of a letter dated 2015 which says they received the debt from commonwealth bank and have rights to it and had the account number and balance. But it's the same account I've already paid and I paid it before he sent me any information.
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Gold Coast, Queensland
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Then clearly state so in writing and ask them to verify the debt (i.e. prove it is still owed).
 

Clancy

Well-Known Member
6 April 2016
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69
2,289
They may not succeed double dipping with you, but they might fool the next person, so on that basis you should also report them to the appropriate authorities.