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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22680
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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An Australian debt collection agency has called my work and

Customer Question

An Australian debt collection agency has called my work and sent emails to confirm identity. I have been advised that this relates to a credit card (in my name) which may or may not have been used following my return to NZ about July 2013 however the agency have supplied me with a "notice of assignment of debt" letter dated June 15 which had been sent to an Australian address and which I had not seen before. The debt is now in the vicinity of $25,000 and the debt collection agency have given me a 7 day interest free period.
With limited email contact only I have not admitted any responsibility for the debt nor discussed any terms of repayment and I would appreciate being informed about my options.
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.
The debt must have been incurred in the last six years and you need to be sued within six years of the last transaction. Is that the case? Or are you saying this just isn't your debt?
Customer: replied 6 months ago.
I am hesitant to go online and look at the bank statement but due to timeframes am confident that the last transaction of debt is within 6 years; a 2nd card remained with my ex partner who did not return to NZ. I accept responsibility because the account is in my name however, I did not receive any mail from the debt collection agency; am I also responsible for interest accrued after this letter?
I have not acknowledged the debt as yet with the Australian debt collection agency.
What action is available to the Australian debt collection agency.
Do I have choices and what are they?
Expert:  Chris The Lawyer replied 6 months ago.
They can sue you in Australia and then enforce the judgment here. They may have trouble collecting interest because of the assignment of the debt but often they have bought these debts very cheaply and will sometimes accept offers to settle at a much lower level. So you should start by telling them it was his card and if you know his contact still pass that on to the agency. Then suggest to the agency you will pay a sum in full and final settlement if you can. If that isn't an option then suggest a sum and payments you can afford
Customer: replied 5 months ago.
Hello, thanks but could you please explain what you mean by 'They may have trouble collecting interest because of the assignment of the debt"?
Expert:  Chris The Lawyer replied 5 months ago.
When a debt is assigned in some cases they can only collect simple interest rather than compound interest

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