QLD Debt Recovery from Ex-Partn

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Jason Rivers

Well-Known Member
19 October 2015
26
1
121
Hi all,

Some advice needed please and my thanks in advance for any information you provide.

How do I go about recovering money from my ex? I have debt collectors from multiple companies calling me daily about debt that isn't mine. All up the debt totals to $53,000 and currntely growing with interest each week.

I have not received any form of paperwork from any of the debt collectors, not even a notice of assignment. I have requested paperwork, disputed the accounts and asked for proof of debt but still have not received anything from any of the debt collectors.

I get the same answer every time. "We can't discuss this account with you as you are not the account holder". My ex is the account holder and my name isn't on as an applicant but as a card holder on the ones that were credit cards and as a guarantor for the personal loans. I have not signed any documents and have advised the collectors that fraud has been committed. They tell me that I am still liable and if this is the case then I have to take her to civil court and prove so.

One debt collection company has ceased collection activity against me when the solicitor who was going to make an application to make me bankrupt realised that something dodgy was going on and advised me to go to the police. Which I did, they were no help. Another debt collector has defaulted me but still won't provide a proof of debt or documents.

I literally don't know what to do. My wage is being garnished each week by and I'm being advised to,just go bankrupt
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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2,894
Gold Coast, Queensland
lawtap.com
There's a range of issues here:
- If you dispute liability for your account, debt collection should cease until liability can be established. Failure to do so is contrary to the ASIC/ACCC Debt Collection Guideline. The Guideline isn't binding, but most reputable debt collectors abide by it.
- If you're an additional card holder on an account without being on the actual account as a debtor, you can't be chased for the debt.
- If you're a guarantor on a loan (or they claim you are), you're entitled to all the information that the primary debtor is entitled to; including copies of the documents and statements;
- If you've been to the police, did you get a complaint number? If so, tell the debt collectors you've made a complaint and give them the complaint number. Reiterate that you dispute liability; and
- How is your wage being garnished? That would imply you've been taken to court.
 

Jason Rivers

Well-Known Member
19 October 2015
26
1
121
There's a range of issues here:
- If you dispute liability for your account, debt collection should cease until liability can be established. Failure to do so is contrary to the ASIC/ACCC Debt Collection Guideline. The Guideline isn't binding, but most reputable debt collectors abide by it.
- If you're an additional card holder on an account without being on the actual account as a debtor, you can't be chased for the debt.
- If you're a guarantor on a loan (or they claim you are), you're entitled to all the information that the primary debtor is entitled to; including copies of the documents and statements;
- If you've been to the police, did you get a complaint number? If so, tell the debt collectors you've made a complaint and give them the complaint number. Reiterate that you dispute liability; and
- How is your wage being garnished? That would imply you've been taken to court.

Hi Rob,

Apologies for a very, very late reply. I have been unable to get on until now. Just an update on the situation.

a) My employer had received a court order from the supreme court of Victoria and had failed to pass it on to me as they assumed I was aware of the situation. A hearing was held in my absence as I apparently could not be located to issue a summons.

b) I again went to the police in my town to make a complaint and was told it was a civil matter, so I traveled to Brisbane and made a complaint there which is now being investigated.

c) I am now bankrupt by a court order. I received no notice of a hearing. Just a letter informing that I was bankrupt and what the conditions were.

d) None of the creditors are taking me seriously and still will not release any information to me. Its hard to get anything when the debt collectors are all foreign on the phone.