Reply To: Credit Card Debt – Debt Collectors

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Maree Harwood

Hi Kelle
I have used the 4 step process together with other letters constructed from the information contained in BSR website and also the Advanced Letter. Debt collectors and banks appear to ignore the gravity of the content of those letters and just continue to send out letters with more demands so I have just sent back more letters referring them back to the Private Settlement Agreement.
I received a letter from a solicitor of one of the debt collectors telling me that I had defaulted on my contract with their client. I wrote back to them with copies of correspondence to their client and asked them to confirm and show proof of any such contract with their client. I also used some of the content of the advanced letter to prove why I didn’t owe their client a debt. I have not heard back from that debt collector or the solicitor in 8 months. that debt was for $40,000 CitiBank. That debt is now statute barred
I also decided that I would challenge Westpac bank and went through the 4 step process plus other letters and stuck to my guns until after 3 months and over 40 harassing calls per week, they sent a default letter and said they would default me and give to a debt collector. I wrote back to them and reminded them of the Private Settlement Agreement, I also cited a case where Westpac lost to someone who had been in dispute with them and had received harassing phone calls with Westpac having to pay the person $5000 for the harassment. Clearly departments don’t communicate with each other. In the letter I also cited a change of rules brought out n November last year which states that a Bank cannot sell a debt if it is in dispute or bankrupt for debts under $5000(Unable to post a link)
I have also challenged 2 other credit cards with CBA and ANZ. But they have given up. I even had one of the debt collectors, very stupidly, send me all the details of the debt they purchased, with the date the debt was sold to Latitude (SPV), the date the bank wrote it off and the last time I paid any money. All of which was used against them to point out that the debt was converted, written off (tax fraud) and when the debt would be statue barred (last time I paid).
It’s been daunting at times,but a whole lot of fun.
If you have any luck putting in a dispute with the credit reporting agency, I like to hear about that.
kind regards