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My dad is being accused of having had an accident in a car…

Customer Question
My dad is being...

My dad is being accused of having had an accident in a car park that he swears he didn't have. This happened over two years ago and he is still being chased by debt collectors and the insurance company. They are now threatening to take him to court if he doesn't pay within 7 days. They have never shown any proof of the accident even though we have asked numerous times. How can we get them to stop and what legal standing does my father have? Thanks

Lawyer's Assistant: What state is this in? And how old is the car?

Western Australia, probably around 8 years old

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

He received a letter around two years ago asking him to pay for repairs to the other car. He thought it was a scam and took the letter to the police department, they told him to fill in the form denying the accident, post it back and he would not hear anything else about it. About 12 months after the accident he began receiving demands from a debt collector. As I hold power of attorney for my father I was dealing with them, I received three letters which I answered with a phone call each time denying their claim. I asked for proof of the accident which they declined to give although they did say a police report had been filed but would not send me a copy. The letters stopped so I thought that was the end of it. Yesterday, another year on, he rec'd a letter from AICI Nissay Dowa Insurance stating that unless he paid the debt they would take him to court.

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

The debt is for around $1,400

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/9/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,312
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 4 months ago

are you able to upload a copy of that last letter please ?

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Customer reply replied 4 months ago
No I only have a photo that my father sent me
Customer reply replied 4 months ago
My credit card has already been charged $82 so no thank you
Solicitor: John Melis, Lawyer replied 4 months ago

before you pay this debt, the debt needs to be proved, and as you are the attorney on the matter, you have a legal right to have the debt justified.

I recommend that you engage a lawyer to communicate with the company to confirm the true status of the invoice and the reason behind the same.

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Solicitor: John Melis, Lawyer replied 4 months ago

you also need to work with a limited time frame to avoid a court action be suddenly placed on your father to attend and defend the proceedings

to assist you I have extended a special offer to talk on the phone about this important matter, please look, it will help you.

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Customer reply replied 4 months ago
I feel like I am being scammed here
Solicitor: John Melis, Lawyer replied 4 months ago

no you are not

you are talk to a lawyer in Melbourne.

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Solicitor: John Melis, Lawyer replied 4 months ago

you have an important matter and that is why I extended the special offer to you

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Customer reply replied 4 months ago
Thank you I will leave this here.
Solicitor: John Melis, Lawyer replied 4 months ago

did I answer your important question today ?

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Customer reply replied 4 months ago
No you did not
Solicitor: John Melis, Lawyer replied 4 months ago

how about we talk on the phone then, I could save you going to court and paying unnecessary legal fees.

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Customer reply replied 4 months ago
No thank you
Solicitor: John Melis, Lawyer replied 4 months ago

so what part of your question was not answered ?

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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