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I have 13000$ credit card and 36000$ personal loan debt in…

Hi, I have 13000$...

Hi, I have 13000$ credit card and 36000$ personal loan debt in Australia, I moved to Canada after a ugly divorce and now the collectors are calling my building supervisor number, I am not able pay them now, what are the repercussions?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

NSW

Lawyer's Assistant: Has anything been filed or reported?

I am not sure I a.m. terrified

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I stopped reading their emails

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Answered in 5 minutes by:
2/21/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,584
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Customer reply replied 4 months ago
Hi could you please ask me questions on chat?

Good Afternoon

Are they just calling you or sending you mail

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Customer reply replied 4 months ago
They called me before and have sent me emails and since I didn’t respond they called my building supervisor
Customer reply replied 4 months ago
Today
Customer reply replied 4 months ago
Hi Leon, do you think calling would making this more efficient?

Good Afternoon

They can sue you in Australia and get judgement.

As they have your email, they can seek court orders to send you the court documents via email.

If you do not respond then they can get judgement.

This is where the bad news comes in

Australia has an agreement with Canada to register foreign judgements. This means they can then register the Judgement from the Australian Court in Canada.

Here is the link from the Regulations setting out the courts

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_reg/fjr1992301/sch1.html

If they do this they can then chase you in canada for the money.

If the debt is more than 6 years since the last payment then the Australian law says they are out of time ot sue and you can seek to stop them if the sue you in australia, this is where they have to start.

You can elect a call and it is a further $82.00

It all depends on what they do.

Happy to speak on the phone if you still want.

If you have any further questions please do not hesitate to ask. If you wish a call we can arrange that as well.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 4 months ago
Thanks Leon, what is the best way to settle this? Can Ask them time or ask them to reduce the amount? and since I am dealing with two collectors what is the best way to deal this? I don’t want any bad track records since I now work for bank here?

Good Afternoon

If you can negotiate a settlement with them that would be the best.

You can ask to reduce the amount but you will have to provide them evidence that you cannot afford more.

If you can offer them a lump sum that would be even better.

Any offer should be marked "Without Prejudice" so they cannot use ti against you.

If they agree then you make sure a deed of release is signed by all parties before they get the money so you have something to protect yourself.

I hope this makes sense and is of assistance

Regards

Leon

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Customer reply replied 4 months ago
Thanks Leon, do you provide further services in negotiating and doing settlements if yes, what would be the charges be like?

Good Afternoon

I can look at what you want to send and give an opinion if you like

But I cannot draft it for you.

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Customer reply replied 4 months ago
Ok, so should I get in touch with both the collectors now and start the negotiations?

Yes speak to them and see what they are prepared to do

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Customer reply replied 4 months ago
Ok thank you.
Customer reply replied 4 months ago
For how long can I ask questions on this thread?

You are welcome

Please do not forget to rate my work 5 stars so I can be paid.

You can come back at any time.

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Customer reply replied 4 months ago
Sure will do, thanks

All the best

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Thanks very much.

Good Luck

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,584
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Hi Leon,
I spoke to the DCA it’s credit Corp and the lady Ispoke to said I owe 51000$ in total and asked me to make a goodwill payment of 2000$ which Did but the fact is that I had already paid about 25,000$ as interest, can I negotiate the lump payment for 20,000$ or less?

Good Afternoon

If you say you owe $25,000.00 offer $15,000.00 and let them talk you up.

Or better still say you can pay $10,000.00 in full settlement as that is all you can pay and you can pay it in 7 days.

If they want more then go up but the less you offer then you can increase.

Starting high you cant go down.

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Customer reply replied 4 months ago
Thanks Leon, but the calculation is based on the fact that I was paying 800$ for almost 24 months which is 20,000$ For the personal loanand 300$ for 24 months for the credit card, can I start negotiating with 10,000$?

Good Evening

You start where you want. The lower the better because they will always want to up the amount.

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Customer reply replied 4 months ago
Hi Leon,I offered them up to 15,000$ today but they didn’t agree and then I said I would like to take this on legally they said, since I am not Australia they would just sell the account to Canadian Debt collectors for which they don’t have to go to Australian court, they offered me monthly payments of 1300 for 5 years and 7 months.I asked for some more time to think they offered me till Tuesday.
Customer reply replied 4 months ago
I really want to settle this with one off payment but they said aI need to come up something close to 41,000$

Good Morning

The Canadians cannot sue in Canada as the agreement was made in Australia and the australian courts have jurisdiction.

If the send it ti a collection agency all that will happen is they will chase you in canada thats all

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Customer reply replied 4 months ago
Thanks Leon, but will that affect my credit score in Canada?
Customer reply replied 4 months ago
They said it would...

Only if they get the judgement in Australia registered in canada will it be on your credit record. Here is a link that explains foreign debts and canada records.

https://refreshfinancial.ca/blog/general/yes-international-debt-can-affect-credit-canada-heres/

They are bluffing if they say it will be registered without a court record

I would go back to them and be more forceful.

Alternatively have a solicitor in canada send them a letter basically advising that if they refuse to reach an agreement you may have to consider bankruptcy if they do anything in canada and they will then get nothing.

Alternatively speak to the banks tou owe the money to and get an agreement with them and go back the collection agency.
This will only work if the agency has not bought the debt form the banks.

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Customer reply replied 4 months ago
Thanks Leon, I will talk to them again Tuesday and let you know how it goes.
You have been so helpful and awesome so far..

All the best and good luck

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Customer reply replied 3 months ago
Hi Leon,
Hope all is well with you.
CreditCorp is unwilling to settle the amount for $15,000 they are saying they cannot come that low, even after I told them that I will file for bankruptcy, they called me today and said they will investigate further and look at legal option, they also mentioned that in order for me to file Bankruptcy I need to be in Australia and I have to surrender my passport, they are asking for my lawyer so that they can talk to him directly, please advise what should be my next step, how could I get out of this mess?

Good Afternoon

You are negotiating.

You offered $15K they wont accept it ask them for a counter offer.

It does not end with them saying no.

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Customer reply replied 3 months ago
They said $44,100 is settlement amount they offer and keep on saying that I need to come to close to that figure or I should pay $1200 every month for 5 years 7 months, which amounts to $ 78,000 . approx.

They want you to pay as much as possible. You have to increase your offer from $15K.

You have to consider what you can afford.

If you can get a personal loan in Canada and offer them a one off lump sum to finalise it it would be better.

If you are wanting to pay by instalments then they will not be as flexible.

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
Thanks for the reply, last question for today, how much more should I go or will they agree with based on your experience, what about 20,000 and if they they dont agree to that as well, what would be their next action, do happen to know?

Good Afternoon

I cannot tell you what they will agree on it all depends on the person on the other side.

They can take action in Australia sue you and then try and register in Canada

But if you can get a lump sum and offer it in full and final settlement then they may listen but I cannot make any guarantees

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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