NSW Debt collectors. Chasing old debt

Discussion in 'Australian Consumer Law Forum' started by Kathy01, 10 August 2018.

  1. Kathy01

    Kathy01 Member

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    Hi.

    I need an advise regarding a court judgement on my credit file put in by credit corp company that im not aware of as i havent received any legal docs they advised me that they've delivered in on the address they have on file which is not correct. I requested for documents to be sent to my email like deed of assignment and other legal paper but they cant provide me the original contract from the bank that sold them debt,. saying that, after they emailed me the document they are giving me 1 day to pay the 16k debt thats including the interest and fees they charged . They have previously put me on default for 5 years. By no means i can afford to pay such a debt just would like to get an advise on how to deal with them. I havent acknowledge or confirm the debt as i want to get a legal advice first. I hope you can assist.
     
  2. Rob Legat - SBPL

    LawTap Verified Lawyer

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    You need to make an application to the court for the judgment to be set aside (or whatever variant it is in NSW - but that's the gist of it), on the apparent grounds that you did not receive valid service of the original claim and were therefore denied the opportunity to defend it. The catch will of course be that you will need to have a valid defence. That will likely be that you have no knowledge of the debt and the plaintiff has not proved it. Further, although not clear from your post, that they possibly have failed to comply with the notice requirements under the National Consumer Credit Protection Act (if a consumer loan), or pursuant to any terms of the loan agreement (if non-consumer).

    You will probably need some sort of legal representation to assist you. There are a number of community legal organisations who assist in this space if you are unable to afford a lawyer. A quick Google search should show up something in your area.
     
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