-
From Bank to Debt Collector
I was in the process of settling my credit card debt with Westpac and the outstanding debt reached 90 days so Westpac have cashed in and claimed on their insurance policy. They’ve now passed the debt on to a debt collection agency and in the process have been paid 3x for the debt – by my Money Order, by their insurance policy and by the debt collection agency!
Am I correct in thinking that I now have no liability for any debt to Westpac being that they were in dishonour for non-acceptance of my Money Order and the fact that they now don’t have the debt because they sold it to the debt collection agency?
Is my next step to hit the debt collection agency up with Mark’s Notice to Cease and Desist, Conditional Acceptance and Lawful Estoppel and an Affidavit in Support as per page 85 of the Workshop Manual?
Wow, what a learning experience this has been. Totally enjoying myself though! Gaining more and more confidence with every letter I put together.
-
This discussion was modified 10 months, 1 week ago by
Renae Gosper.
-
This discussion was modified 10 months, 1 week ago by
-
4 Replies
-
Great to hear about your experiences Renae. I’m certainly enjoying myself too!
I would agree with you that westpac have been paid 3x. I would think that by Westpac selling their debt to the debt collection agency you now no longer have a debt to Westpac but don’t rely on this, only my opinion and I’m still learning too.
I’m doing the same thing with Macquarie but they handled it a bit differently and chose to just deny that my payment had arrived. Even after I provided them with a copy and proof of delivery to the minute 🙂
Now I’m moving onto making a 4 fold counter claim so see how we go with that!!
It is definitely a lot of work but so much fun!
-
Continuing on with my saga with Westpac…. When I finally opened the letter it wasn’t from the debt collector, but just from Westpac telling me that the account is overdue.
But, I have received two letters from Westpac who have passed the matter on to a case manager in customer solutions, and she has said that they “do not believe the money order is a legitimate financial instrument or has any monetary value in Australia” and “the bank does not intend to respond to any further correspondence of this nature”.
Today Westpac returned to sender my last letter to them with no explanation on the envelope.
How do I deal with them now if they won’t even collect my correspondence from the post office?
-
You could serve them by hand and record the interaction as evidence of service.
-
-
Hi, Ive only just started as a member but yesterday I was looking at ASIC and ended up on a link which directed to AFCA (I think it was). Reading the bio it said that they now deal with issues that the banking & superannuation ombudsman (and a few other government institutions) used to deal with. Financial issues was definitely one of the areas that they now deal with & there was a complaints section. I hope this helps, cheers. p.s. Im having an issue with CBA & im trying to learn how to deal with them after they shutdown my account & CC
