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Debt Collectors - Obligations with Paperwork?

Discussion in 'Debt and Bankruptcy Law Forum' started by wothsair, 3 July 2014.

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  1. wothsair

    wothsair Member

    3 July 2014
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    Hi, I've just been contacted by a debt collection company for a debt that my ex has unfortunately run up under my name. The debt was purchased by this company in 2011 and they have only just contacted me now. I know that I am pretty stuck with the debt as it is in my name, but they have been charging 29% interest for the last 3 years on it that has totalled nearly $5000 alone, coming to a total of $12,000.

    Should I be liable for this interest? Hardly seems fair when I wasn't aware of the debt and they have only contacted me 3 years later?

    Also, just wondering if it is compulsory to give them copies of my bank account statements and pay slips? These debt collectors have been harrassing me for these, but I don't believe I need to provide them as they are my personal information and I have dealt with another debt collection company and they have not asked for this.

  2. John R

    John R Well-Known Member

    14 April 2014
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    Hi wothsair,
    Subject to the original contract, you may be able to dispute the interest component of the debt.
    Please see the ASIC MoneySmart website for "Dealing with debt collectors".

    I'm not aware of it being compulsory to provide copies of bank statements and/or pay slips to the collection agent.
    The only times that I've heard of a debt collector asking for pay slips have been:
    1. to verify a claim for hardship - where the person that owed money claimed that they were unable to pay; and
    2. as a veiled threat by the debt collector that they would notify the employer of the person that owed money.
    Hope this helps. Please keep us updated with your progress.

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