NSW I need advice regarding a Credit Corp Debt

[Penelope Egginton]

My debt is with Credit Corp it was bought from the Commonwealth Bank for a credit card that I had. It was back in 2008/2009 I had the card and then the debt went to CC. It was on my credit file and stayed there until 2014 when it was removed and I was able to purchase a car. At the end of last year I had phone call from CC saying I owed them $8600 and how was I going to pay the debt. I thought it was a scam as I had not heard from them for a long time which includes letters etc. Since Feb they have called wanting this money. I dont have $8000 in my bank. The last person I spoke to knew I was going on holidays that my husband has a yacht where it is moored. They said about using assets my husband has to pay the debt off but I explained that my husband does not know of this debt and that everything is in his name except my car. I am baffled how they know some things. But at a loss as what to do. Hoping you can help

 

[Rob Legat - SBPL]

When was the last time you made a payment on the debt, or acknowledged that you owe the money? The timing is relevant to the limitation of actions provisions, which provide that generally there is a period of 6 years in which a lender can seek to enforce the contract from the last time that the obligation to pay was 'affirmed' (such as making a payment, or acknowledging the debt). You may need someone to look at the details specifically to make that determination.

If it is outside the limitation time frame, they cannot take action against you and cannot threaten to take action against you. If you're confident the 6 years is past, simply inform them that the matter is past the limitation period and to kindly stop harassing you. Do not under any circumstances agree that you owe any money on the account, or make a deal to pay.

Ultimately, however, it doesn't mean that you don't owe the money - just that the law says they can't chase you for it.

 

[Penelope Egginton]

I did pay some money off it and the last time I heard from them was 2010.

 

[settle]

Please please ask the following of credit corp

Notice of assignment of the debt

The deed of assignment

The original credit contract that you signed with CBA

You will be surprised with credit corp's response

If it's like what I'm dealing with at the moment u will see no credit contract exists and they will tell you this on email so you will win!!!

Credit corp CEO is also a director of the credit investment ombudsman, how is that fair in this system, a conflict of interest don't you think...

 

[Penelope Egginton]

Wow that is a conflict of interest. Ok I will do that .

 

[settle]

this is what we do we deal with credit Corp every day for our clients

Have a look at a response:

"The contract for DT is no longer available as the account was opened in 2002"

And they are chasing $45k, how is that fair can't even confirm if the debt is real

 

[Penelope Egginton]

I have received a email from the Customer Relation Manager Pre Legal Collections now telling me that they are not taking legal action at this point but are willing to accept that I pay $100 a fortnight. That was sent this morning plus the guy tried calling me and has sent a sms this evening. But I always thoufht if it had been on my credit file for so many years then removed nothing could be done either

 

[settle]

Have you any assets or houses

How much is the debt

Don't stress about prelegals

Offer credit corp a 3 mth arrangement of $50 a month they will accept that will give u the time to get the documents from them and sort out a case against them

 

[settle]

Please keep a log of all the times they are calling you or SMSing you

It's important you do this they may be breaching the ASIC debt collection guidelines

You can be awarded compensation for this

 

[Penelope Egginton]

Ok I will do that. Will let you know how I go