Debt collection – your right to stop contact

June 30, 2013 Fact sheet, Dealing with debt and debt collectors FS
Key Message:
A creditor or debt collector must not contact you about a debt if you tell them in writing not to contact you about the debt. However, the debt collector can make a genuine threat of legal action and issue legal proceedings against you.
Can a debt collector continue to contact me if I ask not to be contacted?

It is illegal for a person to contact you to collect a debt or repossess goods if you have already advised them in writing that no further communication should be made about that debt, unless the contact is –

an action issued through a Court or Tribunal; or
threatened legal action that the debt collector is entitled to take and intends to take;
to provide a default notice in relation to a credit contract (a communication with the person for the purposes of complying with the National Credit Code) .[i]
Why would I ask a debt collector to stop contacting me?

A creditor or debt collector might be causing you distress but have no real intention of taking legal action against you because:

your sole income is social security payments and you have no assets which can be seized through bankruptcy or legal action;
the debt is too small to cover the costs of taking legal action and/or there are significant questions about whether you are liable for the debt.
When would I tell a debt collector to stop contacting me?

Generally, you should only consider not paying a debt and telling the debt collector to stop contacting you if you are confident that if legal action is taken:

you have no income or assets that can be seized through bankruptcy or legal action and you are certain that it is in your best interests not to pay, or
you are prepared to defend any legal action and you fully understand any costs of doing so.
Be sure you fully understand the consequences of not paying a debt. Consider whether your credit report may be affected, whether interest and legal costs may accumulate, whether there is any secured (or mortgaged) property that may be repossessed and whether you have any income or assets at risk.

If you are considering this option, and sending a letter asking not to be contacted, seek further information from Consumer Action.

What if I am still contacted by the debt collector ?

If the person collecting the debt continues to contact you, other than to issue or threaten legal proceedings which they are entitled and intend to take, you should make a complaint to Consumer Affairs Victoria.

You may also be entitled to claim compensation for any distress, humiliation or financial loss that the debt collector has caused. For more information see our fact sheets:

Debt Collection – Seeking Compensation in VCAT
Debt Collection – seeking compensation in relation to consumer credit and lease contracts
[i] Australian Consumer Law and Fair Trading Act 2012 (Vic) s 45(2)(m).

Sample letter

You can access a sample letter requesting a waiver by clicking: Debt collection – waiver request for consumers.

You can access a sample letter requesting that a debt collector stop contacting you by clicking: Debt collection – letter to stop contact.

Warning: This action sheet should not be relied upon as legal advice. This information applies only in Victoria and was updated in 30 June 2015.

Further information

Consumer Action Law Centre
Telephone: (03) 9629 6300, or 1800 466 477 for country callers.
Email: advice @ consumeraction.org.au

If you are deaf or have a hearing or speech impairment, you can call through the National Relay Service (NRS):

TTY users can phone 133677 then ask for 1800 466 477
Speak & Listen (speech-to-speech) users can phone 1300 555 727 then ask for 1800 466 477
Internet relay users can connect to NRS on www.relayservice.com.au then ask for 1800 466 477
Australian Securities and Investments Commission
Tel: 1300 300 630
www.asic.gov.au

Australian Competition and Consumer Commission
Tel: 1300 302 502
www.accc.gov.au

Consumer Affairs Victoria
Tel: 1300 55 81 81
www.consumer.vic.gov.au

debt

I called back number (02) 8020 0880 reached IVR for the Acm Group Ltd debt collectors.

ACM

THE AUSTRALIAN


ACM Group aborts $300m IPO

FEBRUARY 26, 2014 12:45AM

Debt collecting business ACM Group has shelved plans to raise up to $300 million in an initial public offering in the first half of this year, three people familiar with the situation said.

ACM, which appointed UBS AG and Macquarie Group in August last year to explore an IPO, is owned by prominent racing identity Bert Vieira. It buys bad debts including credit card, personal overdraft debt and phone accounts, from clients including Telstra Corp, National Australia Bank Ltd, Westpac Banking Corp, and Commonwealth Bank of Australia Ltd.

Mr Vieira, who turned 64 in January, told The Wall Street Journal last August that "I'm not getting any younger, and the IPO will allow me to reward some of my long-standing staff by issuing them shares."

ACM had hoped to join competitors like Collection House and Credit Corp on the Australian Securities Exchange. Shares in Collection House rose 27.7 per cent last year, while Credit Corp fell 2 per cent.

The cyclical nature of debt collecting means that the profit recovered from bad debts can fluctuate wildly. Corporate clients are less likely to sell claims in arrears at a steep discount when the economy is stable, reducing margins for groups like ACM, one of the people said. That's a challenge for some institutional investors seeking steady income and dividends from IPOs, he said.

ACM suffered a setback in late 2012 when the Federal Court of Australia found the debt collector had engaged in "widespread" and "systematic" misleading and deceptive conduct through its recovery operations. The case was brought by the Australian Securities and Investments Commission, the country's securities regulator, on behalf of eight debtors.

The court found ACM had threatened to call friends, employers and neighbors of debtors, block their overseas travel and turn up to their workplaces in marked cars. ACM was ordered to pay ASIC's costs in the case.

Paul Brabazon, ACM's chief operating officer, said late Monday that discussions with advisors UBS and Macquarie were progressing. He declined to comment on other possible exit options for Mr Vieira.

I called back number (02) 8020 0880 reached IVR of Acm Group Ltd debt collectors.

this is ACM Debt Collections....as are many 02-80200*** numbers !