Posted on December 23, 2015 Caller type: Debt Collector Location: Australia
Consumer Law Action Centre advises:
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
0 found this comment helpful
0
ACM Group debt collector
Posted on September 23, 2015 Caller type: Telemarketer Location: Australia
I called back number (02) 9126 5860 reached IVR of ACM Group debt collector.
0 found this comment helpful
0
ACM Group debt collector
Posted on September 21, 2015 Caller type: Telemarketer Location: Australia
I called back number (02) 9126 5860 reached IVR of company ACM Group debt collector.
Comments on (02) 9126 5860
A.fairy
Posted on December 23, 2015Caller type: Debt Collector
Location: Australia
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
ACM Group debt collector
Posted on September 23, 2015Caller type: Telemarketer
Location: Australia
ACM Group debt collector
Posted on September 21, 2015Caller type: Telemarketer
Location: Australia
Do you have a comment about (02) 9126 5860?