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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5048
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have received a letter of demand from Centrelink ; 1)

Customer Question

I have received a letter of demand from Centrelink ;
1) claiming I have not lodged a Tax return for the 2014 - 2015 year but in fact I have, and I have all the documentation .
2) Because of this falsehood they claim I'm not eligible for a payment which I had already received. They demand I must pay it back before the 9th of December. This is backed up with the threat they have ways to recover the money Unless I contact them using the ph no. 136150 this is the only means they say they can be contacted.
3) I have spent some time trying to contact Centrelink to discuss the matter and to provide the details that I have in fact lodged and paid all my taxes for that period.
4) After all reasonable attempts to contact Centerlink they refuse to answer my calls and put me hold for indefinite lengths of time, 20mins or so with no sign they are ever going to answer. This cost time and money as, I, like many people these days only have a mobile phone.
5) I believe that this kind of behaviour, be they a private company, a public authority, or an individual amounts to extortion under the Law in NSW. Am I mistaken ?https://www.judcom.nsw.gov.au/publications/benchbks/criminal/extortion_by_threat-blackmail.html
Submitted: 18 days ago.
Category: Australia Law
Expert:  Daniel replied 18 days ago.

Hello
I would strongly suggest contacting centrelink directly and make an appointment to speak with someone face to face.
I know their letters / threats suggest otherwise, but it is the easiest way to deal with them.
If they do not assist that way, file a complaint with the ombudsman. That is the most appropriate forum to deal with the grievance;

http://www.ombudsman.gov.au/

I wish to help you in this situation.

Please click accept / rate my service. I am able to answer further questions after doing so at no further cost to you

Customer: replied 18 days ago.
Thank you for your advice regarding my personal quandary even though I didn't ask for it.
If you don't not have the knowledge to answer my specific question please say so.
Customer: replied 18 days ago.
do not*
appoliges for the unintentional double negative.
Expert:  Daniel replied 18 days ago.

Hello
I do have the capacity to answer your question.
What further assistance do you need?

Customer: replied 18 days ago.
To answer the question (that's the bit that ends in a question mark)
Expert:  Daniel replied 18 days ago.

Hello
I shall ignore your intrepid remark.
I have provided a solution to your problem.
To suggest it to be extortion is incorrect.
There needs to be some threat or force, that is deemed illegal.
Centrelink in this instance has simply demanding you adhere to an act, that you believe have attend do and to threaten legal action if not attended to.
It is the same as to any matter relating to debt collection / civil actions.