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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have just been contacted by an australian debt recovery

Resolved Question:

We have just been contacted by an australian debt recovery agency who say we owe 9 thousand dollars from when we lived there five and a half years ago. They say the debt is with our Aus bank. We cannot get access to our aus bank accounts as we have forgotten the passwords. We didn't close them when we left as we planned to visit and thought a local bank for spending money would be useful, but when we left we went to see the local branch, transferred our money back to UK and told them we were leaving. As far as we knew the accounts were zero. We don't know where this debt has come from.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you have written and asked what the debt is alleged to be for please?

Customer:

Sorry it has taken so long to reply but for some reason I had not received an e mail to tell me that I had an answer. The debt collection agency won't tell us why we have this debt simply that the debt is with Commonwealth Bank. Commonwealth Bank won't tell us why we have this debt because we cannot access our account as we have forgotten our passwords. They say we have to fax over to them a copy of our passport. We tried this several times back in 2010, but the fax system cannot cope with the detail in a passport and they would not reset our password ***** on the faxed copy of passport. We gave up then as we did not believe that there was anything in the accounts. Basically they won't tell us why we have accrued this debt.

Customer:

We just went down town to fax our passport again but the lady in the shop said that it won't come out the other end clear

Alex Watts :

As you well know the Limitation in Australia is generally 6 years.

Alex Watts :

If you can write and ask for evidence and copy of any documents, make sure you DON'T acknowledge the debt.

Customer:

I did not actually know that

Alex Watts :

If you can drag it out over 6 years then they can't take action, it would be statute barred

Alex Watts :

So over 6 years then you are ok

Alex Watts :

As this was 5.5 years ago you don't need to drag it out for long

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Do I write to the debt collection agency or the bank?

Customer:

Also can they take us to court in australia and force us to pay from uk

Alex Watts :

I would write to the debt collection agency. This adds to delay

Alex Watts :

They could take you to Court there yes and enforce it in the UK

Alex Watts :

The debt collection agency will need to write to the bank. So tick tock tick tock

Customer:

will they have to take it to court before the six years, and if they do start proceedings before the six years is up, does that mean that they are 'in time'

Alex Watts :

They can, as long as they issue proceedings, ie start them

Customer:

OK, thank you

Customer:

Do you send a copy of this chat to my e mail address (*****@******.***)?

Alex Watts :

Once you rate the format changes so you can copy and paste or come back to it at any time

Alex Watts :

Can I clarify anything for you today?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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