By: rickiem18
3/03/2009
9:40 pm Yahoo! Profile:
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| how can u talk to someone that does not listen to you...or yet dosen't allow you to talk |
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By: coffeeandlotsofit
27/01/2009
1:03 am Yahoo! Profile:
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| "account isnt statute barred",never heard of this. What does it mean. Is it sort of a "Statute of Limitations" senario where by if the debt is ex amount of years old they can no longer persue it? If so, what is the Statute of Limitations on Debt within Australia. |
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By: coffeeandlotsofit
27/01/2009
12:58 am Yahoo! Profile:
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| Just out of curiosity. I understand the purpose of "I do not accept any liability for the debts", but why the "this is not a refusal to pay"? If I did not believe the debt was mine, I would be refusing to pay. Thanks |
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By: chris_nonis
19/01/2009
1:25 pm Yahoo! Profile:
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Firstof all, if I were you, I'd check my credit report to see what it says. St George might have listed you, but is Transpacific mentioned at all in y our report?
Secondly, when those callers from Transpacific (located in Bangalore India) calls you again, request a Validation. Send it to them in writing (make sure you quote "I do not accept any liability for the debts " "this is not a refusal to pay" in the letter.
In the written request for validation, mention that you need proof that the debt actually belongs to them, the original contract you signed with St George, proof that the account isnt statute barred, proof that they are allwod to collect in your state
The chances are, they migh not be able to comply.
I've dealt with Transpacific in the past, and they are not a very werll established firm. They mention PO boxes in their invoices and their ABN changes from document to document, which has raised my eyebrows. Its probably vice to check the legitimacy of their establishment with a financial councellor.
The callers are no tthe most gifted communicators either. I blieve that they are just all threat and no action |
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By: kennedys.home
23/12/2008
9:22 am Yahoo! Profile:
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In response to collect4310 last post;
You may be a debt collector but aspects of your explanation of the court process you are referring to are not correct at least not in any state in Australia.
For any order to be made the defendant who has the debt must first be served with a summons advising them of the court date and time and information regarding the debt. If the defendant then fails to show, an order may be made in their absence. The court then serves the defendant with copies of the order and time to pay, if that is not adhered to the claimant then applies for either seizure of assets or garnishee from the defendants wages. If the defendant was not served with a notice to attend court then they can apply for a stay of judgement. If this is approved then the whole process begins again. If the defendant then loses the case and is ordered to pay; in 99% of cases the court orders payments that the defendant can afford, it is usual at this point for both parties to enter into negotiations regarding a payment plan.
You can not be arrested or have an arrest warrant issued for not appearing in court regarding a civil debt. A judgement can be made in your absence, but if you can prove that you were not served the summons to appear then a stay of judgement is ordered.
Dont forget we have the process there to protect not only the claimant but also the defendant. It is difficult for an institution or major company to prove their hardship to a court that is sufficient to that of a defendant.
The best bit of advice would be talking and communication with anyone you have a debt with. The old saying 'keep your friends close and your enemies even closer' is true. |
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By: collect4310
9/12/2008
8:37 pm Yahoo! Profile:
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Further on the last note.
If you lie to a debt collector they will keep searching on you to obtain your employment details a list of assets either by sending a field agent to your address to sight the house and sight any assets that maybe sold.
And if you think because a debt collector paid 20c in the dollar you don't have to pay it back, and believe if it goes to court you will only have to pay $20 a month you would be wrong and very upset when it goes to court.
In new south wales Australia. a garnishee on your wage would mean the collector only has to leave you $296 a week and the rest of your wage goes to the debt.
In south Australia is an installment order is put on you, that means if you miss a payment you are then see as being in contempt of court and can serve up to 30 days in jail.
other states have different guidelines but you get the drift.
It all comes down to the fact that is you really are in financial hardship a debt collector can setup an arrangement. If you lie and think the world owes you something, terminate calls don't respond to letters then you shouldn't be surprised that the debt collector has already spoken with your employer and confirmed your details. sent an agent to sight any assets that can be sold and takes you to court.
A debt collector doesn't have to speak with you. if you hang up the phone or don't return a call in most cases that is what they are doing. so the next thing you know is you are being served at home or work with a summons and if you fail to appear twice you shouldn't be surprised when there is a warrant for your arrest then taken to court. |
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By: collect4310
9/12/2008
8:14 pm Yahoo! Profile:
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First of all, A debt collection agent has the same right as a retailer to buy wholesale and resell.
I you spend $2000 on a credit card or on a mobile phone why shouldn't you pay back the $2000.
What makes you think the whole world owes you something.
The fact is if you spend the money you pay it back.
Not all debts are purchased for 20c in the dollar and even if they are. Would you walk into a super market and tell the checkout person that you will not pay $1 for the can of drink because you know they didn't pay $1 for it.
Yes Debt collectors are bound by the ACCC and if they breach the code they will be fined and the company.
As you could tell by now I am a debt collector and you need to understand our side of it.
The amount of time I hear people tell me they can't pay in full is not funny. Yes some people can't however. My job as a debt collector is to obtain as much information on someone as possible.
And the amount of people out there that have multiple properties and heaps of money in their accounts that try and tell me they are broke is not funny and that is why we will sue and look at installment orders on wages or selling assets.
If you are up front and send in documents to support you can't pay in full there is no need for use to take it any further.
Yes some collectors are just tools.
Me personally, I can't stand seeing people getting ripped off. However I am limited to what I can say on the phones otherwise I will lose my Job So I will say it here.
DO NOT SIGN UP FOR DEBT CONSOLIDATION. You will be find you will still have to pay them outrages fees. If you can't pay an account in full and send documents to support that setup an arrangement to pay it off.
Foxsymes and other companies have told that many people a part nine or bankruptcy is the only way so they can get the large fees (5 thousand plus) and you will be stuck with the bad credit file.
If you are honest you have nothing to fear, speak with the collectors, if you l ... |
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By: sunnybilson
30/05/2008
1:23 pm Yahoo! Profile:
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| I'm with Sydneyhirecars, try complaining to the Banking Ombudsman. |
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By: xxcarolynbondxx
8/03/2008
2:01 pm Yahoo! Profile:
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If a default has been entered onto your credit report correctly, then it's difficult (impossible?) to have it removed, whether you pay the debt or not. However, the lender must have given you notice of your default prior to listing the default (although if you have moved without notifying the lender you may not have received the notice.).
I agree that a complaint to the banking ombudsman is worthwhile - even if the debt has been sold, the bank (and the ombudsman) is responsible to deal with problems that arose before it was sold - although another option is to complain to Veda (the new name of the credit reference association/baycorp). They do have some improved complaints handling processes in place - and they are also a member of the Banking and Financial SErvices Ombudsman if you are unhappy with their response. |
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By: sydneyhirecars
29/12/2007
3:52 pm |
Message deleted. Reason: Breach of terms of service |
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By: davidlanka
23/11/2007
8:00 pm Yahoo! Profile:
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Dont we all hate debt collectors some of them should be be put in the least trustworthy next used car salesmen.
Also debt collectors are paid a commission on collection or worse they have allready purchased the debt at a sinigicant less value say 20cents or 30 cent in the dollar and trying to collect 100% + plus interest on the debt.
However, just like a used car salesmen debt collectors also have a boss they have a code of conduct to uphold read further here;
http://www.accc.gov.au/content/index.phtml?itemId= 5959
Different state have various regulators. Transpacific appears to be in WA at first search so an arbitrator from WA maybe required but seek legal aid or legal advice if you are going to sue them. However, the costs of litigation will sometimes outweigh the benefits of trying to negotiate a settlement with the proviso that full payment is made on the basis that the debt collector will agree writing to update your credit file on full payment of the debt.
Also ask them to provide you an itemised account and ensure that you agreed to some of their fees and charges. That they are indeed chasing you up for the right amount of debt in the first place and do you dispute any of the fees and charges applied against your account.
Also once the debts are fully paid off and you have a letter confirming the your release from the debt please be upfront to any mortgage broker better than any surprises and explain your circumstances, some mortgage brokers have good relations with banks and lending institutions and they also want their business.
If all else fails then if you are being harass or hassle you to an unreasonable extent then lodge a complaint with the relevant authorative body regulating the debt collections; fair trading, accc or visit www.naclc.org.au which has a listing of over 160 community legal centres across Australia. |
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By: wolframtrader
14/07/2007
1:23 pm Yahoo! Profile:
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I am pretty sure that when you can "cancel" a credit card, the onus is always on you to stop, cancel or redirect any authorities on the card.
In spite of what I have stated above, I had an Amex Gold card years ago through my professional society, and even though I had cancelled the "account" and any and all connections to it, it remained open for 3-4 yrs. I could have (or someone pretending to be me) called, done enough to prove my identity and had a card sent out to them...
Ironically, what triggered me was a statement I received 3 yrs after the event with a stack of "rewards" points not used (which I had thought would have gone down the gurgler with the cancellation of the card)... thanks Amex Rewards, a nice trip to Melbourne was had... and thankfully no harm done... |
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By: ken_no_san
14/07/2007
1:16 pm Yahoo! Profile:
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As previously said, $650 is not that much to worry about so pay it in full and accept a settle on your credit file. That does not mean you can't get a home loan, just don't try to hide it or BS the lender. If it is settled and they know why then they will have no problem giving you you mortgage.
HOWEVER get a copy of your credit file and make sure that the debit collector (read indiscriminate @#$%^%$&*) actually settles. In many cases they don't because they are too lazy and don't care once they have your cash.
Give a copy of the credit file to the lender up front and you will have no probs.
KNS |
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By: smart.moves2000
14/07/2007
12:27 pm Yahoo! Profile:
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My recommendation is first you must familiar yourself with creditor and debtor laws and requlation. Understand this you may have regulation in your area that are not the same across Australia, local laws and regulation can vary. Consider first, finding out the responsibilities of the creditor when credit has been formally cancelled. Second, find out your responsibilities if your credit cards continue to be used.
Now, In most instances you can file case asking for a judgement and a review before an arbitrator, understand this you will have to agree to except the arbitrators judgement. While in most instances you must not only pay for the debt but the interest as well. Although, the benefit will be that you may also plead equal responsibility and have the judgement remove all marks against your credit. You will also have to plead your past good faith credit history.
You may wish to consult an attorney but I really do not feel the amount warrants the fees. Do some research and do it soon, as in most cases the statue of limitations can expire.
GL and regards |
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By: the_webbers1102
4/07/2007
5:06 pm Yahoo! Profile:
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| lawyer!!! |
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By: barflairer
3/07/2007
2:36 pm Yahoo! Profile:
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Hi all,
Long story short, I had a St George credit card that I cancelled. As it turned out, the operator didn’t cancel my card and a few direct debits continued to be charge to my card that I was unaware off. I didn’t make any payments and was blacklisted for not paying. I had $400 worth of direct debits and $250 worth of late payments and interest before they defaulted my account. I have offered to pay the direct debits as it was rightfully owed to them but I should not incur the late payment fees, interest and a default on my account due to them not cancelling my card.
St George has since sold the debt to Transpacific Debt Recovery and has washed their hands of any responsibility. Despite trying to pay Transpacific the rightfully amount owed to them, they have been blackmailing me to pay the full amount or they will leave the default on my account. On top of this, even if I pay the full amount, they will only update the default to settle which doesn’t help me as a settled credit default will not allow me to apply for a home loan.
Even if I do what Transpacific wants despite this not being my fault, I still won’t be able to apply for a home loan. They have the power to remove incorrectly placed defaults but continue to blackmail me saying I won’t be able to apply for a house. Can I sue them for what they have done? I’ve spent numerous hours and a lot of stress trying to sort this out.
Does anyone have any advice??? Please I’m desperate for help. I don’t want to be renting for the next 7 years. |
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