NSW Credit Corp - now own a debt I thought was extinguished?

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Terry_D

Member
28 May 2019
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Backstory
Had credit card with Citibank. Limit was approx 25k. Became seriously ill about Jan 2013 diagnosed with Major (clinical) depression and anxiety. Owed on card approx 16k. Card had consumer credit insurance with Metlife. I made claim and they began making the payments from memory somewhere between 400-500 per month. At some point around start of 2016 all communications stopped and I received nothing from metlife or Citibank. At the time I was heavily medicated and non compus mentis and so it didn’t really click in my head or concern me. I assumed card had been paid out by metklife as there had been some talk of them doing so given my ongoing incapacity. about March 2018 I began to recover.

Jump fwd to today. Checking a now rarely used email account and see several emails from credit corp regarding a debt I owe them, all dated in March 2019. Quick check of my credit file shows a default at November 2016 year of about 10k to the card company and also shows a “relationship” with credit corp.

Link on credit corp email provides me a notice of assignment of debt in Jan 2019 of an amount approximately 10% higher than the default amount showing on credit file, and that I currently owe an amount 20% higher than default amount notified.

What do I do? I have done nothing to date, have made no contact, but am wanting to get this sorted asap, but sure what to do or say, I still suffer from the illness but not as severe and these type of dealings exacerbate it. I am currently working only parttime and would face serious hardship having to pay this out with my current income.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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I'd suggest you call the National Debt Helpline on 1800 007 007 to speak to a free financial counsellor before doing anything else.
 
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Terry_D

Member
28 May 2019
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Update: 2 months ago I disputed the debt and requested a copy of the original credit contract and statements of transactions on the account for about the last 5 years.
Yesterday they finally responded with a printscreen of my original application details and transactions for last 3 years.

The printout of my details in no way, shape or form resembles a credit contract, it is basically just a list of my identification and contact details at the time.

I am in the process of re-requesting a copy of the contract, but have a question. If they cannot provide the original credit contract does it mean that they cannot prove their debt to me? Without the terms of a contract how can they be charging me interest at a specified rate? Without a contract can I just tell them to bugger off!

Thanks in advance for your help.
 

lawnow2019

Member
24 August 2019
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1
Ask them to give you a written final assessment under s.132 of the nccpa they can’t as they don’t have one then put in a irresponsible lending claim