VIC Helping friend for debt

Discussion in 'Debt and Bankruptcy Law Forum' started by Elc, 2 June 2018.

  1. Elc

    Elc Member

    Joined:
    2 June 2018
    Messages:
    1
    Likes Received:
    0
    I have a question about the debt collector whom admit that they are the current collector to the former creditor(anz)
    First of all my friend is in Victoria, got a phone call from a debt collector saying that he owes money to ANZ, and demand him some payment, because he was at work, he just agreed to them and made some payment arrangements.( this happened in 2017).
    After about 6-7 payments made to debt collector, my friend had a doubt about those payment whether hes paying to the right company.So he stopped the payment to them in october 2017.
    After 3 months passed, the debt collector called him again and demand to continue his payment. He tried to arranged his payment to be lower than before. but they declined it.
    So in 2018 my friend asked the debt collector through email for a copy of original application that signed by him and the bank, they could not provide it and said to him that the original creditor provider is unable to provide the collector a copy of the original application.

    They just keep sending him a statement(from debt collector not the bank) of the debt with interest and still increasing until now. then not long ago my friend got a phone call from them saying that "his account has been selected as part of a special campaign whereby if they can agree to a repayment arrangement that he can afford, they might be able to get an interest concession approved"

    My question are:
    Can they keep demanding for payment after all that?
    Do they even allowed to charged interest after they cant provide him with the document that he asked for?
    How does he be able to know that the alleged debt is the real debt that they bought from ANZ if they cant provide the original contract?
    What can happen if he doesn't get the document that he asked for, can or will the debt collector provide something else that will take him to court? He's just doesn't want to be involve in case of legal proceeding in the future, he's just want proof that the company that hes been paying is the real one.

    What does he need to do?

    Sorry for this long story, its just my friend is really streesed about it. Please help!!
    Thank you
     
  2. settle

    settle Well-Known Member

    Joined:
    4 February 2017
    Messages:
    65
    Likes Received:
    6
    What is the name of the debt collector
     
  3. DMLegal

    DMLegal Well-Known Member

    Joined:
    28 May 2018
    Messages:
    151
    Likes Received:
    22
    Can they keep demanding for payment after all that?
    If they are a bona fide creditor or representative of a creditor they are entitled to continue to demand payment for a legitimate debt.

    Do they even allowed to charged interest after they cant provide him with the document that he asked for?
    Yes, however the interest should not accrue at more than the rate it would have under the original contract, in this case more than the agreement with ANZ.

    How does he be able to know that the alleged debt is the real debt that they bought from ANZ if they cant provide the original contract?
    Contact ANZ and ask if they sold the debt or use the Company for debt collection.

    What can happen if he doesn't get the document that he asked for, can or will the debt collector provide something else that will take him to court? He's just doesn't want to be involve in case of legal proceeding in the future, he's just want proof that the company that hes been paying is the real one.
    Your friend is entitled to ask for proof that the debt is his. Typically you would be sent a Notice of Assignment of Debt from both the bank and the new creditor (debt collection company). Unless they havent sold the debt that is and the collections company is just a representative (like the collection company the ATO uses; they don't sell your tax debt, they just get another business to contact you).

    What does he need to do?
    It is unusual that they cannot provide documentation. The original contract might be a bit of a push, just ask for all evidence the company has about the debt and also contact ANZ. They should be able to help you straight away.
     
Loading...

Share This Page

Loading...
gt;