I took out a credit card for my parents in my name about 10 years ago. All payments came from their account at the same bank which can be shown from bank statements. My mother died but the card continued to be used and paid for by my father with my assistance when needed.
In 2015, I changed my fathers postal address on his personal bank account because he was in the process of being moved from home to hospitals to respite to nursing home. The bank has made an error on his account, changing the street address but not the suburb. The bank has also applied this non existent address to the credit card in my name without authority. This went un-noticed by me because payments were always the same and routine.
Father was signed over to Public Trustee including his assets and debts in December 2017. Public Trustee was notified of the credit card and hearing nothing back from them, my assumption was that this debt also went with him so I gave it no second thoughts.
3 weeks ago, I was served by a gent at the door with a Statement of Claim for the full debt amount. This is the first I knew about any claim. It was for a bloated amount on the credit card in my name and apparently sold to the debt collection agency in March 2018. Contact with Public Trustee stated they refused to take over the claim as it was in my name regardless of the payments coming from my parents accounts.
Enquiries with the bank have resulted in an investigation into how my address was changed to a non existent address when it was my fathers address that was to be altered, on what date this occurred and under whose authority. I have been advised this information will be provided in 30 days.
All correspondence from the bank in relation to non payments, defaults, final demands, the whole lot were sent to a non existent address. I have requested all this documentation be provided to my correct address. The collections area of the bank can not guarantee this but will try within 30 days.
The debt was passed onto a debt collection agency using the non existent address provided by the bank so for 18 months, they have been sending mail in relation to demands for payment and notification of the debt to this non existent address. Until the knock on the door.
After I was served by the gent at the door, I phoned the debt collection agency who stated they did a ??? search and found my current address but couldn't/wouldn't give me a date on when this happened. It seems their first step when locating my correct address was the Statement of Claim.
I am prepared to defend the Statement of Claim in the Magistrates Court based on no knowledge of the debt due to bank error which was passed onto the debt collection agency and lack of fairness in seeking clarification of the debt and the opportunity to discuss the matter and/or seek support.
I am waiting on documentation from the Bank stating who authorised the change of address on my account and on what date, considering I've lived in the same house for nearly 22 years.
I am waiting on all documentation from the debt collection agency in relation to any and all mail sent to the non existent address, all mail returned to them as "no address known" as mail sent out and not returned "may" be in breach of privacy if someone else has gotten it and opened it, and also requested how and when they discovered my correct address.
Next line of questioning will be why, if they found my correct details, didn't their notification of the debt start from the beginning again instead of being presented the Statement of Claim.
From there I'll also query the assignment of the debt from the bank to them, the original financial agreement and a copy of the banks default sent to me - but obviously sent to the non existent address.
I'm not naming the bank, or the debt collection agency and am not after a white knight to save me, but my gut tells me I'm on the right track fighting the Statement of Claim in the Magistrates Court first, THEN taking on the debt collection agency.
Thoughts???
In 2015, I changed my fathers postal address on his personal bank account because he was in the process of being moved from home to hospitals to respite to nursing home. The bank has made an error on his account, changing the street address but not the suburb. The bank has also applied this non existent address to the credit card in my name without authority. This went un-noticed by me because payments were always the same and routine.
Father was signed over to Public Trustee including his assets and debts in December 2017. Public Trustee was notified of the credit card and hearing nothing back from them, my assumption was that this debt also went with him so I gave it no second thoughts.
3 weeks ago, I was served by a gent at the door with a Statement of Claim for the full debt amount. This is the first I knew about any claim. It was for a bloated amount on the credit card in my name and apparently sold to the debt collection agency in March 2018. Contact with Public Trustee stated they refused to take over the claim as it was in my name regardless of the payments coming from my parents accounts.
Enquiries with the bank have resulted in an investigation into how my address was changed to a non existent address when it was my fathers address that was to be altered, on what date this occurred and under whose authority. I have been advised this information will be provided in 30 days.
All correspondence from the bank in relation to non payments, defaults, final demands, the whole lot were sent to a non existent address. I have requested all this documentation be provided to my correct address. The collections area of the bank can not guarantee this but will try within 30 days.
The debt was passed onto a debt collection agency using the non existent address provided by the bank so for 18 months, they have been sending mail in relation to demands for payment and notification of the debt to this non existent address. Until the knock on the door.
After I was served by the gent at the door, I phoned the debt collection agency who stated they did a ??? search and found my current address but couldn't/wouldn't give me a date on when this happened. It seems their first step when locating my correct address was the Statement of Claim.
I am prepared to defend the Statement of Claim in the Magistrates Court based on no knowledge of the debt due to bank error which was passed onto the debt collection agency and lack of fairness in seeking clarification of the debt and the opportunity to discuss the matter and/or seek support.
I am waiting on documentation from the Bank stating who authorised the change of address on my account and on what date, considering I've lived in the same house for nearly 22 years.
I am waiting on all documentation from the debt collection agency in relation to any and all mail sent to the non existent address, all mail returned to them as "no address known" as mail sent out and not returned "may" be in breach of privacy if someone else has gotten it and opened it, and also requested how and when they discovered my correct address.
Next line of questioning will be why, if they found my correct details, didn't their notification of the debt start from the beginning again instead of being presented the Statement of Claim.
From there I'll also query the assignment of the debt from the bank to them, the original financial agreement and a copy of the banks default sent to me - but obviously sent to the non existent address.
I'm not naming the bank, or the debt collection agency and am not after a white knight to save me, but my gut tells me I'm on the right track fighting the Statement of Claim in the Magistrates Court first, THEN taking on the debt collection agency.
Thoughts???
