SA Credit Card debt that I can't pay - steps to take?

Discussion in 'Debt and Bankruptcy Law Forum' started by doluka, 26 October 2018.

  1. doluka

    doluka Member

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    Hi, I have about $9000 credit card debt over 3 cards that I can't pay any time soon. I cannot meet minimum repayments or even small payments due to current circumstances. I am not currently residing in Australia.

    I'm seeking advice on what steps to take next. I am currently looking for work, but need to study for a short time to be employable. I estimate it'll be at least 3 months until I have any job.

    I have already requested a hardship form from one of the credit companies (Virgin/Citi). I'm worried that I won't be able to fill the form out properly, as I have been either self employed (I have an ABN) or unemployed since Jan 2018, so I'm not really sure what I will put on the form employment wise..

    Advice would be greatly appreciated, thanks.
     
  2. Debtsol

    Debtsol Active Member

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  3. kevin586

    kevin586 Well-Known Member

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    Show them your Centrelink income statement and you will be fine - should be but;

    another option that is open to you and you can do this in conjunction with the above advice, is to offer to make a once off payment of what you consider you can afford, on condition they accept the payment in full settlement of the debt, that any negative remarks they have caused to be entered into any credit reference record to be withdrawn.

    Do not say any thing that could be construed as acknowledging the debt because if you do then the whole 6 year statute barred time period starts all over again.

    Similarly if you agree to a payment plan, even if its just one one dollar a month that 6 year time limit starts again. If you agree to a payment and if just one payment is missed, even if its not your fault, like it could be the banks fault, and the creditor or collector can go straight into court and obtain a bankruptcy order which will be issued against you by the magistrate. This is will result in anything worth while having, potentially being taken the sheriff who ultimately has the power to break down doors. They also carry a gun.

    Suggest you obtain and read the Guideline for Creditors and Collectors published by ASIC. you will find a lot of good info in that.
     
  4. Tim W

    Tim W Lawyer
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    Except that if not currently resident in Australia, he may not be getting anything.
     
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