Debt collector is chasing me...

[Solly]

Here is what happened to us(familly).
Son drove through a stop sign, it was hidden in an overgrown tree, the one in the centre of the road had already been flatened by a previous accident(huge accident intersection, has been completely reconfigured since).
He drove straight through, thinking it was a thorough fare a car on his left Tboned him.
To cut a long story short, the pile of crap that Tboned him was insured for agreed sum$14,000. Actual worth about $3,000 my son agreed to make payments( apprentice) after about two years he was offered a payout figure, much less than remaining, by the collection agency(he thought he was paying the insurance company). I personaly have not found honesty pays, it usually ends up being used against you and seems to be a misplaced proverb, that ends you in a lot of sh!#. Unfortunately.

sptrawler Did you seek advice on this incident? From the brief you have given it is highly questionable that the liability lies with your Son travelling on this defective roadway.

 

[sptrawler]

Well we went to court, sat there for several hours listening to losers get off.
Then my sons turn, photo evidence, known blackspot(since changed completely, can't drive through).
He was told tough $#!t lost his license and fined. Therefore resultant insurance company claim. Which he accepted and agreed to payments, the court system appears to be geared towards finding people wrong who can afford or are willing to pay.
If they are losers let them off, it's a waste of time. IMO
I always brought up my kids to admit when they are wrong, society is now making me rue that decission.

 

[Calliope]

Should it also be a criminal offense to loan to people with no ability to pay it off?

In the cashless society everybody, including those who were never taught a sense of values, has credit cards. The Nanny State cannot protect idiots from using them stupidly.

 

[Garpal Gumnut]

Ok, so back in 08' I racked up a 6k credit card debt with ANZ... it was entirely my own fault.

Anyways, I was overseas for about 9 months, during this time I didn't contact ANZ and by the time I did call them to discuss the debt it had already been sold to Baycorp... 4 years later I get a call from Baycorp who are demanding I pay this debt (which is now 7.5k @ 9% interest).

I tell them the truth, I'm currently a full-time uni student who's also enrolled in tafe...living off centrelink benefits. I can barely afford to make ends meet at present let alone pay off this debt, but what can I do?

They told me to ask my friends/family for a loan... when I said that's not an option she threatened to take legal action against me... Argh !

I know I'm an idiot for digging myself into this hole but would appreciate any advice...

I believe six months in one of our Gaols would cure you, forever.

You are a leech upon the system which depends upon the honesty of the participants.

I more than dislike you, you putrid mass of debt.

I could not give a tosser as to your future, whether a court appearance or a visit from your local Bikie Club. The latter may serve justice better.

gg

gg

 

[McLovin]

In the cashless society everybody, including those who were never taught a sense of values, has credit cards. The Nanny State cannot protect idiots from using them stupidly.

I have debit cards and a charge card.

When I was a kid, my grandfather would tell me the story about how when he was 7 his dad had gotten into debt and the repo men had come and taken all the furniture. On their front doorstep his Mum told him "never owe anyone anything". He never owed a cent in his life (he even paid for his house in full). I don't take it to that extreme but the story did stick with me.

 

[Tink]

I cant believe people that clock up these loans with no intention of paying them back

What have you been doing for 4 years that you couldnt work this out beforehand?

 

[Calliope]

I cant believe people that clock up these loans with no intention of paying them back

What have you been doing for 4 years that you couldnt work this out beforehand?

Bludging on the taxpayer.

 

[prawn_86]

Prawn, do you believe we shouldn't be asking questions? Do you assert that it would be wrong to ask for verified evidence of the actual debt?

Evidence - what specifically are you looking for? That debt collectors do write off debts? Dyor - there's so much information on the Internet esp around handling debt collectors the only thing to fear is fear itself.

The bank never loaned any money in the first place.

The more questions the better i say, hence why i am asking you.

Of course debt collectors write off loans, that is what the OP has been encouraged to try and acheive.

What i am after is for evidence that your legal theories actually work in court. IE - If you went to court against a bank and said "oh you never actually loaned me any money" how could you actually win that case? It sounds plausible in theory i just dont see a precedent for it. And your signature on a loan application would be evidence one would assume

Same as how in some of your other posts we only ever enter into a 'contract' when we agree to something with an official. Example: Drug dog search officer sayswe have stopped you as dog has indicated positive result "do you understand?" if someone was to say "No" then what is to stop the police detaining them straight away?

As i said, it all makes sense in theory, but until i see an actual case, it is just that, a theory. Have you ever tried any of this yourself? (PM me if you dont want to discuss here)

the court system appears to be geared towards finding people wrong who can afford or are willing to pay.
If they are losers let them off, it's a waste of time. IMO

Yeh thats the way it is unfortunately. If you are going to court for a debt/claim against you you need to play the poor card.

 

[ausnick87]

It is strange that inq is the only one to suggest that you get a job and pay your debts. This would benefit you and the taxpayer. You won't be missed at the Uni or TAFE where you are probably only doing Mickey Mouse courses anyway.

I am a taxpayer. ausnick said he was living off centrelink benefits. He is 24/25 years old and has obviously been living off taxpayer funding for many years. Getting a job would benefit the taxpayer and also ausnick's self-esteem.

I think sometimes it's better to seek out more information before you reach such conclusions. Firstly, what gave you the impression I'm studying mickey mouse course? The courses I'm studying are assistant nursing at TAFE (Aus does suffer from a shortage of AINs) and at uni I'm majoring in a psych course that's accredited with the Psychology board of Australia (meaning it's a degree that has practical value, whereas others don't).

Secondly, I have worked for the ATO full-time previously whilst studying part-time, during this time I not only served my government but I obviously pain a significant amount in personal income tax. I also worked for a while in outback earning around $50-$60k and again I paid $1000s in taxes.

I only get about $230 a week from centrelink nowadays anyways, it's not a lot.

Studying full-time/working part time is a good suggestion though, and I'll consider that... however part-time study means it would take 2-3x longer to get my degree.

 

[Calliope]

Secondly, I have worked for the ATO full-time previously whilst studying part-time, during this time I not only served my government but I obviously pain a significant amount in personal income tax. I also worked for a while in outback earning around $50-$60k and again I paid $1000s in taxes.

Which makes it all the more strange that you didn't pay off your debts. At your age it's about time you were doing something productive. Forget the psychology course. We need more psychologists like a hole in the head. Concentrate on the nursing.

 

[ausnick87]

Truth is, I was busy paying off other debts that I incurred from the time when the commonwealth bank gave me (an 18yo, fresh out of high school) a credit card with a $16,000 limit (which I have paid off now). edit: Why did they gave me such a high limit? I'd like to know that myself.

@Colliape: Your probably right about Aus not needing more psychologists, but have you ever been to a terminally ill ward? The mental state of most patients is pretty poor, particularly those who don't have the support of friends/family, imo they absolutely need the assistance from a mental health professional but for whatever reason they don't seem to be receiving much of that atm.

The reason I quit working full-time was so that I could study accelerate my education by doing double-fulltime studies and get my degree sooner rather than later (that way I can find much better paying work, pay more taxes and so on) during this time I've been engaged in volunteer work with the homeless, brain damaged patients and the terminally when I've had spare-time time as I still enjoy being active in the community. I've met a few 'bludgers' who just drink and surf all day whilst mooching off benefits (i do neither btw) but I can understand why I've been pre-judged by various members of this forum.

Still, I think it's a little unkind to tell me I'm a worthless bludger who belongs in gaol. Maybe scum like me who are focusing on their education at the taxpapers expense (who have 7.5k of credit card debt) should just be euthanised? =P

 

[Junior]

Ignore some of the negative responses Ausnick, they are mean and unhelpful.

Racking up consumer debts in your early 20s is pretty common and not something to be ashamed of. The banks push credit cards on you and for some it's difficult to resist using them, especially when many of your friends are doing the same, out spending more than they can afford.

No big deal, pay off your debts, complete your studies and you're all set not to make the same mistakes in future.

I'm perplexed that some on here are keen for everyone to pay more tax.... I didn't realise we had so many members who have faith in our government to spend it so wisely

 

[Calliope]

The banks push credit cards on you and for some it's difficult to resist using them, especially when many of your friends are doing the same, out spending more than they can afford.

Of course...blame the banks. It's always someone else's fault. It depends on whether you were raised to have a sense of values.

I'm perplexed that some on here are keen for everyone to pay more tax.... I didn't realise we had so many members who have faith in our government to spend it so wisely

Ausnick's case is a good example of our taxes being spent unwisely.

 

[ausnick87]

Ignore some of the negative responses Ausnick, they are mean and unhelpful.

Racking up consumer debts in your early 20s is pretty common and not something to be ashamed of. The banks push credit cards on you and for some it's difficult to resist using them, especially when many of your friends are doing the same, out spending more than they can afford.

No big deal, pay off your debts, complete your studies and you're all set not to make the same mistakes in future.

I'm perplexed that some on here are keen for everyone to pay more tax.... I didn't realise we had so many members who have faith in our government to spend it so wisely

Thanks I appreciate your post.

 

[ausnick87]

Of course...blame the banks. It's always someone else's fault. It depends on whether you were raised to have a sense of values.

Ausnick's case is a good example of our taxes being spent unwisely.

I personally don't blame the banks as I've already stated I accept responsibility for my debt (but I do find it odd any bank would give a high-interest $16k credit card to an 18yo with less than 6 months of employment history). I knew a guy once who declared bankruptcy over about $15k of debt... he urged me to take that route, I didn't because I don't believe in that way of thinking.

I understand your point of view about tax dollars being wasted on me, but without that assistance I'd have absolutely no way of being able to afford an education. Many young Australian's wouldn't.

Why do you think the government implements welfare programs such as Austudy / HECS etc? The idea is that the government is willing to support students because they realise that someday these students will graduate and will have better paying jobs where they pay more tax dollars.

 

[DocK]

Truth is, I was busy paying off other debts that I incurred from the time when the commonwealth bank gave me (an 18yo, fresh out of high school) a credit card with a $16,000 limit (which I have paid off now). edit: Why did they gave me such a high limit? I'd like to know that myself.

@Colliape: Your probably right about Aus not needing more psychologists, but have you ever been to a terminally ill ward? The mental state of most patients is pretty poor, particularly those who don't have the support of friends/family, imo they absolutely need the assistance from a mental health professional but for whatever reason they don't seem to be receiving much of that atm.

The reason I quit working full-time was so that I could study accelerate my education by doing double-fulltime studies and get my degree sooner rather than later (that way I can find much better paying work, pay more taxes and so on) during this time I've been engaged in volunteer work with the homeless, brain damaged patients and the terminally when I've had spare-time time as I still enjoy being active in the community. I've met a few 'bludgers' who just drink and surf all day whilst mooching off benefits (i do neither btw) but I can understand why I've been pre-judged by various members of this forum.

Still, I think it's a little unkind to tell me I'm a worthless bludger who belongs in gaol. Maybe scum like me who are focusing on their education at the taxpapers expense (who have 7.5k of credit card debt) should just be euthanised? =P

Am I correct in reading into this that you got yourself into trouble with a credit card debt to CBA when first out of school, then made the same mistake a few years later with a credit card from ANZ? Presumably you knew you had the debt when you went overseas for several months - surely you didn't think you wouldn't be pursued for repayment of it upon your return? Why did you take no action until the debt collectors caught up with you? Is it reasonable for me to assume that if ANZ/debt collectors had not been able to track you down that you would have continued to ignore/forget the $6000 debt you'd racked up before leaving the country?

More importantly - what do you think you should do? What does your gut or conscience tell you is the right course of action? If you manage to duck out of paying the vast majority of the debt you knowingly incurred will you feel OK about doing so? Would you one day use your actions as a good example for your kids to follow? When you become a productive taxpaying member of society will you one day in a few decades time shake your head over the way your tax $$$s are being spent?

Only you can answer these questions, just as you are answerable firstly to yourself. Having made the same mistake twice now, I do hope you don't currently have a credit card??

 

[Whiskers]

What i am after is for evidence that your legal theories actually work in court. IE - If you went to court against a bank and said "oh you never actually loaned me any money" how could you actually win that case? It sounds plausible in theory i just dont see a precedent for it. And your signature on a loan application would be evidence one would assume

In the US after the GFC, there were a few cases where people contested the mortgage debts insto's claimed they owed. What apparently happened is the loans got bundled up and passed along, but the original documents didn't accompany the bundles. So the Court had no option but to rule in favor of the defendants, ie that the insto left holding the pass-the-parcel, couldn't prove the defendant owed them any money.


Back to this case... Don't get hooked up on the moral high ground brow beating of the debt collecter. Don't agree to anything especially in writing until you have too. Make them provide the documentation to prove what principle and interest they claim you owe and especially the grounds for any fees and charges.

If they don't have their documentation correct and follow strict legal proceedures you can frustrate them in the court process. Also be aware of the statute of limitations in your state, ie if they are outside the statute time, or you can frustrate them past the time, you have a valid defence in court. Note that the statute of limitations time starts from your last repayment or when the debt occurred, whichever is the later.

Last but not least, even debt collectors have to abide by the law and certain codes of conduct. It's always handy to record their conversations for illegal threats as well as anything they might agree to or promise and later renege on.

 

[BradK]

I believe six months in one of our Gaols would cure you, forever.

You are a leech upon the system which depends upon the honesty of the participants.

I more than dislike you, you putrid mass of debt.

I could not give a tosser as to your future, whether a court appearance or a visit from your local Bikie Club. The latter may serve justice better.

gg

gg

WHAT? huh? Huh? HUH????!!!

HAHAHAHHA

 

[Calliope]

Why do you think the government implements welfare programs such as Austudy / HECS etc? The idea is that the government is willing to support students because they realise that someday these students will graduate and will have better paying jobs where they pay more tax dollars.

In your case, apparently, it is to churn out another psychologist to swell the ranks of the already glutted counselling industry. It is a Mickey Mouse course.

Perhaps you could become a debt counsellor.

 

[BradK]

Which makes it all the more strange that you didn't pay off your debts. At your age it's about time you were doing something productive. Forget the psychology course. We need more psychologists like a hole in the head. Concentrate on the nursing.

Geez you're direct. By that I mean incredibly rude.
And reading the rest of your posts - let's open up on the Babyboomers shall we... a babyboomer are you??