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Thread: email from debt collector :(

  1. #1

    Default email from debt collector :(

    I got an email from the debt collector demanding payment of the total amount or I can ring up and negotiate a payment plan I think.

    So, what's the lowest possible payment plan someone can negotiate? I'm hoping $10 but that would be a "delusion"

    So, despite the amount I've been paying out of my own money, I practically have to pay back the total amount due to legal fees.

    I gotta ring up the company by there website first to make sure it's legitimate, but it all checks out so far a phishing site wouldn't know the exact company that I owe debt to or my student ID for that company etc.

    To be sure I've got to ring up. I'm still so fucking pissed of that I'm even at this stage, if she had of done the right thing, the thing she was supposed to do I would of never been in this mess in the first place.

    How fucking hard is it to USE my own money to PAY FOR MY OWN FUCKING EDUCATION. All because of her stupid fucking friend justifying it to her. Sorry I'm so pissed off.

    Fuck she doesn't even understand that THIS FUCKING effects her too, I'm not sure if she is thick or anything, but it really does, I could get my bank account seized etc, which results me in not getting paid, etc.

    God she is so stupid, I told her day one to use my backpay to pay off my tafe WHICH WAS MY FUCKING money in the first place, she "scabs it all to herself" and fuck knows what she wasted $2000 on, even then technically I owed her nothing...

    So instead she says well you can use a payment plan, since she already scabbed my $1000 I was forced to do that, and yeah she scabbed what she was supposed to pay day one and I didn't find out recently that she never paid a cent.

    Than she is like you can have the extra $50 to pay off your tafe, and I'm like whatever, than she uses that against me in the long run, saying well you're the one supposed to be paying it, what the literal hell?

    I could go on, but this whole situation is a total mindfuck. What parent ruins there childs credit record, force them into a debt because they controlled my money at the time.

    It's a lot more complicated than it sounds, but she has fucked up a lot for me, good luck for me moving out or getting a home loan in the future.

    It's fucked when people become diluted with money somehow she thinks it's justifiable to scab 90% of my income despite the debts she has caused in the first place. If I had of kept my entire payment I would of paid it off MONTHS AND MONTHS AGO. would of taken me 4 months... -.-

    Sorry for the language and the rant, but I've lost it because of her.
    Last edited by LittleJess; 02-Mar-2017 at 03:29.

  2. #2

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    Taking a shot in the dark, this is not a debt collector based from the USA?

  3. #3

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    Quote Originally Posted by babyblueblanket View Post
    Taking a shot in the dark, this is not a debt collector based from the USA?
    Nope, Australia (SA)

  4. #4

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    I would be inclined to get some legal advice through a legal clinic as soon as possible before entering into an agreement or saying something that could be used against you at a later date. Collection agencies are expected to go by the law and they have a standard of conduct. For example, they can only contact you at certain times throughout the day and they cannot harass you. They cannot force or coerce you into agreeing to pay an amount you cannot afford. You should be prepared to explain your circumstances about how the debt occurred and provide a breakdown of your financial situation and expenses.

    You can agree to enter into a payment plan based on what you are able to pay. If the collection agency will not accept it, it could go to small claims court so a judge can make a decision.

    The attached link gives a good overview of your rights and the process. Again, I really do advise you to obtain advice from a legal clinic rather than pursue this on your own. It's also possible a clinic lawyer could provide representation.

    https://www.moneysmart.gov.au/media/...collectors.pdf

  5. #5

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    Quote Originally Posted by Starrunner View Post
    I would be inclined to get some legal advice through a legal clinic as soon as possible before entering into an agreement or saying something that could be used against you at a later date. Collection agencies are expected to go by the law and they have a standard of conduct. For example, they can only contact you at certain times throughout the day and they cannot harass you. They cannot force or coerce you into agreeing to pay an amount you cannot afford. You should be prepared to explain your circumstances about how the debt occurred and provide a breakdown of your financial situation and expenses.

    You can agree to enter into a payment plan based on what you are able to pay. If the collection agency will not accept it, it could go to small claims court so a judge can make a decision.

    The attached link gives a good overview of your rights and the process. Again, I really do advise you to obtain advice from a legal clinic rather than pursue this on your own. It's also possible a clinic lawyer could provide representation.

    https://www.moneysmart.gov.au/media/...collectors.pdf
    I'll give that link a look, I'm still worried as hell about it, I shouldn't even be in this mess if my mother wasn't financially abusive, she makes out she is my land lord, and doesn't even do anything about my living conditions, so what am I even paying her for? I can't even fall asleep in my own room, without my bed and pillow getting drenched in sweat, and stinking the next day because of that.

    My room alone is messing with me mentally, can't sleep, can't do anything, drinking 4-8 liters of water a day, so hot I can't even focus even have a industrial fan on high that does nothing because of the room temperature.

    I know most people get sick of being in a boiling hot car on a boiling hot day after about 10 minutes, image that for 48 hours straight, it's awful

    As with the lawyer part, I'm not sure if I can afford that, I can't even afford uni books as my mother is a money hog, out of all the people I know who pay board and live with there parents I don't know a single person who pays any more than $50 and they all have insulated rooms with air-conditioners. I can't even afford a bag of ice to keep my cold.

    To be honest with you, I don't even think I can afford to pay off this debt anyway without the help of a loan. I'm applying for one next week, but I really hate how it goes this far with things.

    It hurts a lot because I knew this was going to happen, I couldn't do anything about it, and my mother just sits backs and constantly lies about paying it and tells me if I keep paying it debt collectors won't contact me, which they end up doing and demand the original amount anyway, so the amount I've been paying is useless now.

  6. #6

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    Quote Originally Posted by Binary View Post
    I'll give that link a look, I'm still worried as hell about it, I shouldn't even be in this mess if my mother wasn't financially abusive, she makes out she is my land lord, and doesn't even do anything about my living conditions, so what am I even paying her for? I can't even fall asleep in my own room, without my bed and pillow getting drenched in sweat, and stinking the next day because of that.

    My room alone is messing with me mentally, can't sleep, can't do anything, drinking 4-8 liters of water a day, so hot I can't even focus even have a industrial fan on high that does nothing because of the room temperature.
    The link also contains contact information for the community legal clinics which provide free legal advice and assistance to people with low incomes. I would try to get in touch with whichever clinic is closest to you as soon as possible. There is a free dispute resolution system in Australia where parties can also try to come up with a mutual arrangement. You could contact the collection agency and explain the situation, let them know you wish to resolve it amicably and swiftly, and that you will get back to them after you have had an opportunity to obtain legal advice. That would seem to be a reasonable approach.

    If it were to end up in small claims court, then the situation with your mother could be explained to a judge, and they may consider relief on the debt owing, meaning a very low monthly payment agreement would be acceptable in light of the circumstances.

    Make sure you keep everything documented.

  7. #7

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    In the USA we have a set of laws called the fair credit reporting act and it essentially dictates how a debt collector can perform their business. I would encourage you to see if something similar exists in Australia. With the FCA we can challenge a collectors validity to collect the debt through a series of certified mailings in a certain format which usually results in the collector backing out of attempting to collect said debt. All in all, legal council would provide you the best advice, but this may be worth some research to see what options you have to either contest the debt, or limit the collectors options.

  8. #8

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    Sorry to hear about this. You could try looking at NILS (http://nils.com.au/), which provide interest free loans to Centrelink recipients. I'm pretty sure that TAFE expenses would qualify, but I'm not sure whether you can use it to repay debt afterwards.

    There are also plenty of community organizations that provide free financial counseling, which would be worth looking into. If nothing else, they'll probably know what sort of things like this are available to apply for, and advise on how to deal with debt collectors.

  9. #9

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    Quote Originally Posted by cew435 View Post
    Sorry to hear about this. You could try looking at NILS (http://nils.com.au/), which provide interest free loans to Centrelink recipients. I'm pretty sure that TAFE expenses would qualify, but I'm not sure whether you can use it to repay debt afterwards.

    There are also plenty of community organizations that provide free financial counseling, which would be worth looking into. If nothing else, they'll probably know what sort of things like this are available to apply for, and advise on how to deal with debt collectors.
    I'm pretty it would be under debt so not eligible, thanks though.

    - - - Updated - - -



    Quote Originally Posted by babyblueblanket View Post
    In the USA we have a set of laws called the fair credit reporting act and it essentially dictates how a debt collector can perform their business. I would encourage you to see if something similar exists in Australia. With the FCA we can challenge a collectors validity to collect the debt through a series of certified mailings in a certain format which usually results in the collector backing out of attempting to collect said debt. All in all, legal council would provide you the best advice, but this may be worth some research to see what options you have to either contest the debt, or limit the collectors options.
    Thankfully us Australians have similar protections when it comes to debt collectors.

  10. #10

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    Quote Originally Posted by Binary View Post
    As with the lawyer part, I'm not sure if I can afford that.

    To be honest with you, I don't even think I can afford to pay off this debt anyway without the help of a loan. I'm applying for one next week, but I really hate how it goes this far with things.
    The legal clinics offer FREE legal services and advice. From what I've seen in my google search, they provide the same services that ours do in Canada. They will likely advise you and help by advocating on your behalf to prevent the matter from going to court.

    From the booklet in the previous link:

    "Community legal centres and Legal Aid agencies offer free legal advice and can help you with disputes and debt recovery through the courts. For details of community legal centres across Australia call the National Association of Community Legal Centres on 02 9264 9595 or visit naclc.org.au"

    "Nearly all financial services, energy, water and telecommunications businesses belong to an EDR scheme. EDR schemes hear complaints for free and can be a simpler alternative to resolving disputes in court. The business must tell you which scheme it belongs to."

    "If you’re becoming anxious or depressed about your debts, see a doctor or get help from support services such as Lifeline (call 13 11 14) or Beyond Blue (call 1300 224 636).[/I]"

    Again, I cannot emphasize enough the need to take advantage of the professional services available that specialize in these matters. The link also provides an extensive list of local clinics so you can find and contact the one that is closest to you. It's an extra step to take but it is one that will keep you protected and provide your best options financially. I know how stressed you are feeling about this, and that is why I recommend you contact them as soon as possible.
    Last edited by Starrunner; 02-Mar-2017 at 14:56.

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