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I verbally donated 400 via a telemarketer over the phone…

I verbally donated 400...

I verbally donated 400 via a telemarketer over the phone last year, there were no contracts or paper work, i felt pushed into agreeing, I dont have the money to pay them and now they have sent me to the debt collectors who are threatening a garnishee order or a writ of execution in court and have added even more money onto the cost. Do i have any defence in this as i don't want this lodged againstmy credit rating?

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

VIC itsa not employment its regarding a cold call from a telemarketer in which i felt pressured into agreeing to make a donation i couldnt afford

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

Not they are threatening court action ive got until the 21/3 before it goes to court

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

No thats all ok

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Answered in 5 minutes by:
3/14/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,267
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Customer reply replied 1 month ago
thanks

Good Afternoon

Have you ask them to provide you with evidence of the alleged donation?

When you offer the donation, did they send you anything is a confirmation of the agreement and where the money had to be paid?

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Customer reply replied 1 month ago
they did it all via email
this is the letter i received:
:
DUE TO: ***** ***** PTY LTD 1
AMOUNT DUE: $564.10
OUR REF: 600814RE: CREDITOR'S NOTICE OF INTENTION TO COMMENCE PROCEEDINGS
DATE FOR FILING OF PLAINT: 21/03/18
Dear Claire Primrose ,
TAKE NOTICE that the above date has been fixed for the filing of a Plaint in the appropriate Court and then applying for Judgment which, if entered into, will subsequently be enforced by GARNISHEE ORDER or by WRIT OF EXECUTION.
The proceedings, after being commenced at the date of filing of Plaint, are unlikely to be withdrawn or discontinued. Should you fail to make payment of the full amount due before the above date of the filing of Plaint, you will not be allowed to intervene in the proceedings except upon lodging NOTICE OF GROUNDS OF DEFENCE or by the express leave of the Court or pursuant to relevant legislation giving you rights to that effect.
Yours sincerely, *****
Tel: 02 9302 1000
Fax: (02) 9302-1099
E-mail:***@******.***
Customer reply replied 1 month ago
i have emailed them to ask for more information and they aren't responding

Good Afternoon,

this is from the debt collector.

In relation to the initial agreement with the telemarketer, do you have anything in writing from them?

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Customer reply replied 1 month ago
no they just send computer generated invoices and nothing else. they have rung my office a few times but never emailed me a letter, just always the same invoices

Good Afternoon,

the computer-generated invoice, was this sent to you after the initial agreement to you to pay the $400.00?

If this is the case then this is the evidence that they require to prove that there is then an agreement. If you ignored the email and did not dispute its authenticity you are going to have to explain why to court.

In relation to this type of transaction, the law says that you get a 10 day cooling off. Because more than 10 days have passed you have now lost their right to terminate the agreement.

In relation to the debt collector, you have a right to request full particulars and information about the alleged agreement between the client and yourself. In your letter to them you are going to have to deny any agreement and ask them to provide you details of the agreement, if it is in writing a copy of the written agreement, if it is verbal details of the verbal conversation when it took place and with whom, and anything else that they have in their possession.

You also advise them that if they do not provide you with this information and commence proceedings that you will defend the menus this letter against them for failure to provide the information.

But it appears you may be found liable by the court if it is shown that they sent you the invoice to be paid as a confirmation of the agreement.

But if the debt collector cannot provide you with the evidence, then they are going to have difficulty taking the matter to court and proving you over money.

Further if the agreement was for $400, they are not able to charge more than that. If they wish to charge you the cost of the recovery the law says that they must have disclosed this initially to you that all debt recovery costs will be yours if you fail to pay.

You have a further defence to the claim because what they are asking for is greater than what you offered to pay.

Do not admit to the $400, but dispute the $564.10 since they are asking for and ask them to provide you with evidence of this debt and how was incurred.

This is your starting point.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

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. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,267
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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Satisfied Customers: 46,267
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