If you have ever received a call from a private debt collector, perhaps demanding payment for an overdue bill you barely remember, you will know that it can feel daunting and rife with potentially serious consequences.
Debt collectors must not misrepresent their identity and you can, if you wish, ask them to keep their contact to your preferred medium, something they are obliged to respect.The ACCC says that can include, for example, giving information to a debtor about their account, making a payment demand, or explaining accurately the consequences of non-payment. Contact must not frighten or intimidate, demoralise, exhaust or embarrass you.
Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup For normal consumer debts – think phone bills or gym memberships – you can request copies of contracts and related documents. These must be provided with minimal delay. It is important to remember that this time limit can restart when you acknowledge a debt or make payment on a debt.As you’d expect, there are strict rules preventing debt collectors from using abusive or aggressive language or behaviour to make you pay.Use, or threaten to use, violence or physical force against a debtor.Use abusive, offensive, obscene or discriminatory language.Make disrespectful or demeaning remarks about a debtor’s character or financial situation in life.
Source: Law Daily Report (lawdailyreport.net)
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