Debt Resolutions
Debt Resolutions
 
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  Tel:  (08) 9965 4220
Fax:  (08) 9965 4224
Mobile: 0419 959 142
PO Box 5045
Wonthella WA 6530

debtres@debtres.com.au
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Debtor Information

Debt Collectors Must Act Reasonably

Under the law, debt collectors must behave in a professional and business-like way, without using misleading, threatening, abusing, or harassing conduct towards you. Creditors and businesses that buy unpaid debts and debt collectors may take reasonable steps to contact you as follows:
on more than one occasion;

Remind you firmly and politely of your obligation to pay;
Make suitable and acceptable arrangements to enable your debts to be repaid;
Inform you about what may happen if you do not pay;
Including their right to initiate legal proceedings, to recover costs of enforcement action, and to record a judgment debt on your credit file which may reduce your ability to get credit in future

Unacceptable Practices of Debt Collection Agencies

You have a legal right to complain about harassment and other unacceptable debt collection practices.
However, this does not negate your obligation to repay your debts, so by reaching an agreement with your creditors regarding repayment of debt is a preferable option. Below are examples of illegal and unacceptable conduct:

Harassment, Assault, Intimidation and Trespassing

Using physical force against you or to enter your property without permission or lawful access, contact the police immediately. Threatening, Intimidating, Frightening or what is commonly known as Stand Over Tactics.

Barring access to your premises, trespassing on your premises after you tell them to leave, or returning after you tell them they are not permitted on your premises.

Trying to tire you out or exhaust you, for example by phoning more than 5 times per week, or late at night or very early in the morning, unless you agree or if reasonable prior attempts to contact you have been unsuccessful.

Abusive Language

  • Abusive, racist, or obscene language designed to intimidate, humiliate or Demoralise you.
  • Embarrassing or intimidating you via other people.  Sending demands for payment through uninvolved neighbours or people at work.
  • Threatening to tell other people about your situation.
  • Contacting you at work when you had asked them not to do so and had given them an alternative way of contacting you.
  • Speaking to your children about your situation or threatening you through your children.

False and misleading conduct

Leading you to believe unpaid debts are a criminal offence that will involve the police or possibly a jail term. This is FALSE.Threatening that they can take your children from you because you cannot pay your debts.  This is also false.
Sending you a letter dressed up to look like a Court document when it is not. If you receive such a letter like this from a firm of solicitors, report them to the Law Society or Law Institute in your State or Territory.


Repossession of Vehicles, Mortgaged Goods

The Consumer Credit Code gives you certain rights as a consumer, but not business borrowers, concerning repossession of your car, furniture or other property that secures a loan.  For instance, you must be given a written notice stating you have 30 days to make up any arrears before your vehicle can be repossessed.  You must also be given a further notice period before the goods can be sold or auctioned. For further information contact your State Fair Trading or Consumer Affairs agency.
 

Debt Recovery Using the Court System

Creditors may recover money in court by taking legal action against you.  This is a civil, not criminal, matter.  Depending on the amount claimed, these proceedings may occur in either a Local or Magistrates' Court (different States and Territories use different names) or a higher-level court.

If you are served with a Court Summons or Statement of Claim, you must respond within the time specified in the legal documents. Never ignore these, as more action will probably follow if you do.
For Assistance You Should Contact:
  • Private Solicitors;
  • Court staff who can give you basic information;
  • Local Community legal centres;
  • State Government legal aid Services
  • Financial Counselling Services

If you owe the amount claimed, but are unable to pay in full, consider admitting the debt and making an acceptable arrangement to pay the debt by instalments.

If you do not owe the amount claimed, or only owe part of it, lodge a Defence to the claim within the specified time allowed in the court document(s).

Assistance With Complaints & Debt Harassment

Financial Counselling Services and Community Legal Centres may help you with unacceptable debt collection practices, including complaints to a regulatory body. For complaints about debt collection concerning a loan or other financial service contact ASIC How to complain to ASIC. For complaints about debt collection concerning other kinds of debts go to the Australian Competition and Consumer Commission  or your State Fair Trading or Consumer Affairs agency.

 



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