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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42653
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My partner had a large credit card debt and entered an agreement

Customer Question

my partner had a large credit card debt and entered an agreement to pay an agreed amount to the provider each fortnight. The provider has at a later date sold this account to a debt collector without informing my partner and without her failing to comply with the agreement, is this legal? thanks Harold.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Does she have a copy of the agreement in writing and has she been making the payments as per the agreement?
Customer: replied 1 year ago.
She has no idea it was some time past, this has been bugging me for some time because I cant see how this can be correct and yes she makes payments every fortnight to the debt collector that taken from her account directly.
Customer: replied 1 year ago.
hello any body there
Expert:  Leon replied 1 year ago.
Good Afternoon,
Has she been making the instalments as the agreement?
If she has not been making the instalments then she is in breach of the agreement and the debt collector has the right to threaten her with court action.
If she was making the instalments as per the agreement, then the debt collector is also bound by the agreement and she can continue making the instalments as she was before.
But if she was failing to make the instalment payments then the agreement is breached by her and the financial institution and the debt collector is not bound by.
Can you please advise me whether she has continued making the instalments as per the agreement?
Expert:  Leon replied 1 year ago.
Good Morning
If she had continued with the agreement then she does not have to pay then the full amount and can continue to pay as she has been
She can complain about the debt recovery agent harassing her to the ACCC.
https://www.accc.gov.au/consumers/debt-debt-collection/dealing-with-debt-collectors
If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
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Regards
Leon
Expert:  Leon replied 1 year ago.
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Afternoon
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon