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QLD Do Debt Collectors Need to Give Me the Debt Receipts I Requested?

Discussion in 'Debt and Bankruptcy Law Forum' started by Robert Calthorpe, 30 January 2016.

  1. Robert Calthorpe

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    I've recently been contacted by a debt collection company in regards to an outstanding Electricity and Gas bill in my name that was used and not paid by my family. Although I'm happy to pay for it and clear my name, the debt collectors aggressively demanded money or they would take me to court or take some of my assets.

    I asked for a copy of the original bill, a copy of the payment plan that we agreed on, and some receipts as I had already started making payments. So far, after a month of my first initial contact, I've only just received their payment plan. Do they need to provide me with the other documents that I have requested?

    I assume these are legal documents I can have and use as a paper trail and for personal filing. This is my first time in dealing with debt collectors and I just thought they would be more organised and professional. I've since then put a pause on my payments.
     
  2. Rod

    Rod Well-Known Member

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    Before debts go to debt collectors, the company issuing invoices would have given you ample documentation and opportunity to pay what you owe.

    A debt collector would only have to provide evidence if going to court. People tend to get aggressive in response to things you do or don't do (like not pay bills despite multiple requests). Some introspection may help you see where the problem here lays.

    By pausing payments, it just makes it seem to the other party that you have no intention to pay. Why expect the other party to be organised and professional when you refuse to pay debts and stop payments?

    Too many people underestimate the value of goodwill. People can be down on their luck and have difficulty paying debts from time to time, but reasonable people will enter into a payment plan they can afford and stick to the plan. If this is part of a wider family dispute you should not be visiting your troubles onto suppliers of services.

    The courts and law are not set up to help people evade their responsibilities.

    Apologies for the proselytising, I am annoyed at people trying to evade paying for things they have used and consumed and seemingly looking for excuses not to pay.
     
  3. Robert Calthorpe

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    Thanks for the reply, however, I wasn't at the property of the time the final bill was issued, hence why I didn't receive a final bill notice. The utilities were only one of a few things my family failed to pay before they skipped town. I was blacklisted as well but have already paid that.

    This isn't a sob story and I'm not looking for an excuse to not pay or 'evade my responsibilities', everything was in my name before I was pushed out of my own home and I can't deny that I set up all these accounts but, what I am asking for is a copy of the bill from the original source, and receipts for the payments I have been making.

    Shouldn't a debt collection company provide this if it's requested? I've checked the ASIC and ACCC pdf's available to find the answers and have learnt more about the things they shouldn't be doing instead. Like I said, I'm more than happy to pay and clear my name, but I want receipts and copies as well. They promised and promised to email them since the first scheduled payment and still nothing.
     
  4. Rod

    Rod Well-Known Member

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    Debt collectors may not be given the original invoices. Best to contact the relevant service provider for this information.

    If you are wanting this information to help your case at family court, forget it. I was once in a similar situation and the court did not want to know anything about 'extra money' I had paid while separated but before settlement. I had everything well documented and provable and the court effectively just said in about 15 secs, not relevant, let's move on. Not only was I out a lot of money at the time, the effort I had gone to prove my case was wasted time which added to my perceived unfairness of the system.

    If the other party is not being reasonable then remove as much from your name ASAP and let the other party deal with the consequences. It is hard, I know, I didn't do it because of kids but it did cost me money I could not get back.

    Do not expect fairness at the family court. Expect resolution. At some future point in time.
     

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