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NSW Debt Collectors Stature Barred?

Discussion in 'Debt and Bankruptcy Law Forum' started by Alan Jones, 17 August 2015.

  1. Alan Jones

    Alan Jones Member

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    If a court Judgement ruled against me for an outstanding debt more than 6 years ago, and the debt is bought by a debt collection agency, does this mean that the debt stature barred, or can they still pursue me for the recovery of the debt?

    Also is it legal for the debt collectors agency to harass my neighbours regarding my personal information / contact details?

    Thanks
     
  2. John R

    John R Well-Known Member

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    Hi @Alan Jones,
    Interesting question. I attempted to recently answer a similar question at: QLD - Debt Collectors Threatening Legal Proceedings but is Debt Statute Barred? | LawAnswers.com.au

    To better understand your question, please answer the following:
    1. What was the governing law/jurisdiction of the personal loan agreement/contract?
    2. When did you last make a payment towards the debt?
    3. When did you last acknowledge the debt to the original lender or a debt collector? (This may be as simple as "Yes, I owe this money")
    4. Did you file a defence pleading expiration of the limitation period when served with the court documents? If yes, why was this disregarded by the court?
    Further resources in relation to statute-barred debts:
    http://asic.gov.au/regulatory-resou...ports/rep-55-collecting-statute-barred-debts/
    Debt collection guideline: for collectors and creditors - Appendix B: Other statutory and common law obligations and remedies | ACCC

    Further resources in relation to dealing with debt collectors:
    Dealing with debt collectors | ACCC

    Hope this helps. Please keep us updated as to your progress.
     
  3. Alan Jones

    Alan Jones Member

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    John R

    In regards to your first question, I don't quiet understand it. In regards to your second question, I made a payment to the financial institution (Citibank) approx. 5 years ago. Its was a sign of good gesture and it was so we can negotiate a much lesser amount. However since then I have not made any financial contribution and the debt has been bought and sold approx. 6 tiimes.
    Regarding question three, the credit agency contacted my neighbour asking of my whereabouts as they only have an email address to contact me. I happened to be there and I informed them that the debt is over six years old and why are they still chasing. He informed me that they bought the debt from another collection agency and are chasing me for the full amount. I am yet to file a defence against them as I'm not sure if I should acknowledge the debt is mine.

    What my question is if a court judgement was against me from the financial institution (Citibank), does the debt collection agency have the right to pursue me for the debt after 6 years or is the debt too old. Who has the right to chase for the debt if judgement was placed by Citibank.
     

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