Living in Canada but had a credit card debt left in Australia. How should I go about dealing with a credit collector?
Offered to pay a lump sum of 25% of total debt inclusive of interest charges over the past 4 years.
Has the credit collector called you in Canada?Also, where in Canada are you living, and do you have any intention of returning to Australia?
Yes, I have been contacted by an Australian Debt collecter from Credit Corp. on my phone number here in Canada. I am living in the province of Ontario in Canada. I have no intention of returning to live in Australia. I would like to visit family there in the future.
So long as you don't live in Alberta or British Columbia there is nothing the Australian credit collector can do apart from calling you to get you to repay the money.In those two provinces mentioned above, they can enforce Australian judgements through the provincial courts - but not in Ontario.If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Thank you for the quick response.
From my reading and understanding, if I am taken to court in Australia to settle the debt and do not provide representation, Credit Corp. would receive a default judgement in their favor. Should Credit Corp. then contract a Canadian debt collection firm, Ontario provincial courts would uphold the Australian court decision. Can you tell me if this is correct? I realise from your previous response that it seems unlikely that they can pursue this further, however Credit Corp.'s representative has stated that should we not come to terms they would be forced to engage a Canadian debt collector, and have told me that any costs associated with this would be my responsibility to pay.
Any additional guidance you can provide would be greatly appreciated.
Thank you for your input.
From my reading and understanding, if I am taken to court in Australia to settle the debt and do not provide representation, Credit Corp. would receive a default judgement in their favor. Should Credit Corp. then contract a Canadian debt collection firm, Ontario provincial courts would uphold the Australian court decision. Can you tell me if this is correct?----------The first sentence is correct. The second sentence is not correct, unless you lived in BC or Alberta, in which case it would be true.Please don't forget to press the green Accept button.
I really appreciate your help. I do have one last question. Once the debt collector has a contact point for me (ie. my phone number/email) can they continue to contact friends and family? While I may not have to respond to their requests, I don't want my friends and family haing to put up with their inquiries. Thanks again.
One more question. If Credit Corp. do forward the debt to and/or employ a Canadian debt collector does the situation remain the same? I believe that the statue of limitations on debt in Ontario is 2 years. Can a Ontario debt collector legally continue to pursue me?
Thanks again. Go Broncos.
Once the debt collector has a contact point for me (ie. my phone number/email) can they continue to contact friends and family?-----Unfortunately yes they can - and you should expect them to do so. Hopefully they give up after a while if they don't have success, but for a period at least this is what you will do if they cannot reach you directly.Please don't forget to press the green Accept button.Alex40601.3302088773
They can contact me directly via phone and email. They already have this information. If I choose not to respond to them, can they legally continue contacting my friend/family? as they have my contact details they have no reason to contact my friends and/or family. Is that correct?
Thank you for your help, Alex.
If they have your details, no - then they cannot call your relatives and friends.Please don't forget to press the green Accept button.
Cheers Alex.Thank you for your time and effort. If Credit Corp. decides to pursue the matter further via a Canadian agent would it then become an Ontario matter and therefore outside of the statute of limitations?
Thanks for your help.
Not, that's not entirely correct mate.Various countries such as Australia, Germany, the UK, Japan, etc have a treaty allowing their judgements to be enforced in the countries that signed up to the treaty. Because Canada's constitution is very old and out dated, the federal government there could not sign on behalf of all the provinces, rather each province had to do so on their own if they wanted to be part of that framework.Only the Western provinces choose to, Ontario and Quebec declined.Could you please now use your mouse to press the green button that says Accept?
I did my law degree at the University of Queensland
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