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QLD Credit Corp Chasing Debt I Never Had?

Discussion in 'Debt and Bankruptcy Law Forum' started by hazell360, 8 August 2016.

  1. hazell360

    hazell360 Member

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    Hi,

    So credit corp contacted me about a year ago, claiming I owed a credit card debt of around 8000 from Commonwealth Bank. I have never used this bank and have never held this account. I did the right thing and reported it to acorn and I provided credit corp will the acorn reference number.

    I have not heard anything back from acorn as yet but credit corp still insist on hassling me for the money what should I do?
     
  2. Rod

    Rod Well-Known Member

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    Write back and tell them it is not your debt, you suspect mistaken identity, and that they will be responsible for all your costs in defending yourself and fixing any resulting credit issues as a result of their actions.
     
  3. squirrel333

    squirrel333 Well-Known Member

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    Welcome to my hell....

    Credit Corp do not care if the debt is yours or not, they doctor documents to make it look like the debt is yours, then take you to court and steamroll you with barristers. I have done the same thing and reported Identity Theft but they still steamrolled it through court.

    You can't complain to the Credit Ombudsman as the Director of the Credit Ombudsman is the CEO of Credit Corp. Last year there was 136 complaints to the Credit Ombudsman over Credit Corp, all were refused to be investigated by the Ombudsman.

    I have spent $1000's defending myself but now I am losing my home over a debt that is not mine.

    Good luck!
     
  4. Rod

    Rod Well-Known Member

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    Squirrel,

    What did lawyers say in your case? And did you appeal? Did lawyers recommend going to the AAT?
     
  5. Rod

    Rod Well-Known Member

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    hazell360,

    You still need to send that letter asap. Looks like this might only be the start of what you need to do. If letter doesn't work, recommend the Ombudsman as second choice, failing that, see a lawyer.

     
  6. squirrel333

    squirrel333 Well-Known Member

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    I could not find a lawyer at firs int South Australia to help me. Not easy here in South Australia to find help. When I did find one, it was too late to appeal. He did his best but they have three lawyers and a Barrister.

    AFSA can not help until I pay what the Trustee is asking for as his fees and legal costs before I can lodge a review through the courts.

    This is $190k, all over a $5k debt that is not my debt.
     
  7. squirrel333

    squirrel333 Well-Known Member

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    From my experience, the Ombudsman will not help you if it's Credit Corp. I suggest getting a lawyer early as you will need a good one to battle Credit Corp.
     
  8. pjmcgrth

    pjmcgrth Member

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    Hi Hazell 360 - I'm a journalist at 7.30 the ABC, and I'm interested in speaking with you about this. Mind getting in touch via my email mcgrath.pat@abc.net.au?
     
  9. pjmcgrth

    pjmcgrth Member

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    Hi Squirrell3333 - I'm a journalist at 7.30 the ABC, and I'm interested in speaking with you about this. Mind getting in touch via my email mcgrath.pat@abc.net.au?
     
  10. DMQC

    DMQC Well-Known Member

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    Hi Hazell360 - I thought it prudent to give my two cents as I had an issue similar to yours. I will detail the steps I took to have the matter resolved, keep in mind I am in WA and the steps I took may differ slightly to those that you need to take in your State/Territory.

    1. Credit Corp (hereafter referred to as "CC") sent me a letter advising of a debt which I allegedly owed to Commonwealth Bank of Australia for approx. $12,000. The letter stated that CC had purchased the debt from CBA and were seeking payment in full. The letter included the usual "threats" of legal action etc. however I know this to be bluff so I disregarded the letter completely.

    2. Approx. 2 weeks later my partner told me a person from CC had phoned our home phone wanting to speak to me about the debt that they had written to me about previously. I was slightly angered by this given CC should not have told anyone, regardless of whom, that I had an outstanding debt (even though I didn't). It just goes to show the standards CC hold themselves to get money.

    3. The first measure I took was a cease and desist letter to CC (I will gladly send you a template) stating they are to cease with any/all collection activity until all information about said debt is given to me in writing. That is the nature of the debt (loan, credit card etc.), date contract entered into, where...the list goes on, but you get the drift. I knew I did not owe this money but wanted to cover all bases so asked for all the information.

    4. CC ignored this letter and continued with letters and phone calls for approximately one month.

    5. A phone call at 0600 on a Saturday morning was "the straw that broke the camel's back" so to speak, and I decided to have the matter dealt with once and for all. I drafted the documents for a Minor Claim at the Magistrates Court of WA seeking relief from payment of the $12000 and lodged the documents at the Courthouse on Monday morning.

    A date was set for the pre-trial conference about 2 weeks from the date I lodged the documents. You should note it was/is unusual for a debtor to take a creditor to court for a debt that they may owe, so you may get some odd looks from the registry staff, nonetheless it can be done.

    6. About 2 days later I knew the Court documents done the trick when I got a phone call from a manager at CC who was probably the most helpful person I have ever dealt with over the phone in my life - the manager explained the nature of the debt (it was a personal loan) and it was taken out in NSW (I have never lived in NSW) so we both agreed it was likely identity theft.

    I discontinued the matter with the Magistrates Court and notified WA Police of the issue in order to obtain a reference number for CC who said that they would write it off as a bad debt from their end. I was explicitly told there would be no mark on my credit record from this issue and about 5 months on no issue since.

    In summary, I suggest you write a cease and desist letter. If it is ignored call their bluff and take them to Court. You should also note that you don't need to prove the debtisn'tt yours, they need to prove it is.

    Hope that helps.
     
    Rod likes this.

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