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Another noob faced with a DC

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Another noob faced with a DC

Post by onak on Mon Aug 20, 2018 4:26 am

Lurker here finally about to take on a debt purchaser in Aus by sending off the first letter and probably going to need the moral support as a Brit navigating in foreign territory.  The high OC repayments i made on a CC over several years never made so much of a dent in the original debt due to the astronomically high interest rate.
I was sent a notice of assign by the OC. Followed by a swift letter of intention to start legal proceedings by the purchaser.
Anyway, look forward to sharing my (successful !!) journey with you!

onak
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Re: Another noob faced with a DC

Post by Ausk on Mon Aug 20, 2018 10:19 am

As with all these cases they have to prove their claim. Send the 3 letters you will find on this site 28 days apart.

they all say you pay what you might lawfully owe on the condition that they prove their claim. To prove their claim they need to provide you with a copy of the agreement that you signed with the OC, a copy of the letter of default the OC sent you and a copy of the assignment from the OC to the debt buyer chasing you.

In order to get their claim up in court, they have to show the court these same documents. rarely, if ever do they have al three of them because of the little information given to them by the OC.

The process in Aus is pretty much the same as it is in the UK, only the name and the wording in the laws is slightly different.

Go to the ACCC website and download and read the "guidelines for creditors and debt collectors."

The relevant law in Aus is the "Australian Consumer Law."

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Re: Another noob faced with a DC

Post by onak on Mon Aug 20, 2018 12:03 pm

Greetings ausk, and many thanks indeed! I have been reading loads, and local laws and guidelines seem to indicate heavy favour for the collectors, especially with assignments and privacy laws.

I didn't realise it was 28 days between each, I have my second letter diarised to go out in 10 days which is also the time i demanded them to provide the docs (their first demand received very recently gave me next to no time to pay an astronomical amount before they "might" commence legal proceedings so i had to get the letter out asap).

The docs you mentioned they need to supply I have an awful feeling they might be able to pull off. I already got the N of A by the OC very recently (and interesting weeks after incessant debt collection phone calls to a relatives home / my temp address). Don't I need to see the novation?

Will let you know how it goes, really appreciate you taking the time out with your reply, especially with my heart racing like nobody's business.

onak
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Re: Another noob faced with a DC

Post by onak on Wed Aug 22, 2018 7:06 am

UPDATE!

Seems that DC received my first letter because a couple of days after posting I have received a threatening letter from a law firm acting on their behalf supposedly telling me to pay up within a month, or they're starting legal proceedings in the courts.
Completely contradicting the DC letter i received late last week.  Very suspicious date on the letter too, dating it the day i receive it?

I didn't realise they'd be so aggressive so soon, especially since this DC saga only all kicked off within the last month and it's a fresh debt.

Ignore the scare tactics and proceed as planned?

Cheers guys. Where would we be without this support network blimey. Helping a dear friend back in England with Lowells as well bleed him dry.

onak
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Re: Another noob faced with a DC

Post by Ausk on Wed Aug 22, 2018 9:03 am

In Aus you have one advantage in that as far as I know , given the amount is $10k or less, its tried in the small claims court.

As far as I know, a pretrial conference is mandatory before the trial. Phone your local courts to see if this is true. otherwise do a internet search on it.

The pretrial conference is designed to find a solution so there is no need to to go to trial.

If you wished you could, at that conference, make an offer to settle the claim. Make up an income and assets register and a budget that shows you can only afford 50 cents a week for 50 years. make sure your budget does not mean you go with out energy, heating and cooling, cooking, other utilities, food, clothing, transport etc - get the idea.

Alternatively you can borrow a few hundred dollars and go into the conference and say. "this is what my supporters have given me to help me settle this debt and because this is all I have, it has to be take it or leave it deal whereby I give you this money in exchange for a no further claims and removal of unfavorable credit rating agency entries; deal in writing and signed by someone authorised by the CEO, in front of the mediator.

Write your own no further claims agreement and pull it out when they agree and give them a biro to sign with then and there on the spot.

if these people are debt buyers NONE of the money you give them will go back to the originator creditor.

I'll write for you if you like.

Ausk
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Re: Another noob faced with a DC

Post by daveiron on Wed Aug 22, 2018 9:29 am

Hi Ausk,

Sorry I don't want to jump onto your help ,Are you sure in Aus its 28 days between letters in the UK its usually 10 days and can in fact if required be lowered to 3 days.
The only reason for asking is they are threatening legal proceedings rather quickly.

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Re: Another noob faced with a DC

Post by onak on Wed Aug 22, 2018 11:41 am

Thanks ausk, that's really helpful information, i hope it doesn't get that far but it helps to be equipped with the right resources to feel any confidence.

And yes daveiron, seems my first letter triggered their both barrels. I at least expected some acknowledgement and the usual bluffing about what documents they do or don't need to produce. I also have reason to believe this legal entity now chasing me is the actual DC.

onak
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Re: Another noob faced with a DC

Post by waylander62 on Wed Aug 22, 2018 8:15 pm

Be little careful here, is this letter from the solicitor an official letter before action ?

if it is then you need to respond to it using the forms that should have been sent with it.

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Re: Another noob faced with a DC

Post by onak on Thu Aug 23, 2018 3:55 am

waylander thanks, the heading is notice of intent to claim. It's giving me a deadline to pay, plus the accruing astronomical interest, or they will seek a court order. That's it.
I was going to issue letter 2 in a week?

onak
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Re: Another noob faced with a DC

Post by Ausk on Fri Aug 24, 2018 9:15 am

@onak wrote:waylander thanks, the heading is notice of intent to claim. It's giving me a deadline to pay, plus the accruing astronomical interest, or they will seek a court order. That's it.
I was going to issue letter 2 in a week?

ask these people for a copy of the originating documentation that brought the agreement into existence. then see what is says and penalties and the interest rate.

Demand they give you a copy of the full accounting of from time of origination to the present day.

The 3 letters do ask for this but what your really looking for is the penalty rate ( in interest) in the originating contract and how its been calculated since then.

When you get it, go through it with a fine tooth comb and look for accountancy errors. The more errors there are in the calculations the more you can accuse them of fraud and having dirty hands thus lack of standing in the court.

Resarch the doctrine of dirty hands.

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Re: Another noob faced with a DC

Post by onak on Mon Aug 27, 2018 3:59 pm

many thanks ausk. I have asked both the OC and the DC for documents, and havent heard a peep as of yet. I am expecting some comms this week though so will keep the board posted!

The info on the interest is extremely helpful too which I wouldn't have done before so that is very much appreciated!

onak
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Re: Another noob faced with a DC

Post by onak on Fri Sep 21, 2018 2:19 am

Update: Received a Statement of Claim to the small claims court for money recovery from the DC.

By now I have sent all 3 letters recorded delivery which they have received and not acknowledged.

In the Court Claim I have 28 days to respond, the DC  focus is on me ignoring them and about how I received a Notice of Assignment from the OC months ago. This is false. I do indeed have a N of A ... but its carefully spun and worded as if its officially from the OC, but infact its a typed letter from the office of the DC.  

The OC has never corresponded with me or responded to my SAR.

I will submit my written defence to the Court with a copy to the DC. I have never been sent any documents proving debts, just DC demand letters.
Should I be conservative in this defence, and just go through the motions, withholding counter arguments, as this is likely to all end up in court anyway?


Last edited by onak on Fri Sep 21, 2018 5:03 am; edited 1 time in total (Reason for editing : question)

onak
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Re: Another noob faced with a DC

Post by onak on Sun Oct 07, 2018 2:18 am

Hi guys - I was wondering, after looking, if anyone can put me in the right direction of the high court cases mentioned here http://goodf.forumotion.com/t2812-gday-from-australia-guys?highlight=Gday

There are some juicy UK success stories but not much in Aus and im hoping someone has a smoking gun, as i've been served.
Thanks in advance!

onak
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Re: Another noob faced with a DC

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