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10 Year Old Debt Finalised by LCollect

Sunday, October 30, 2016 - Posted by Michael McCulloch

An account referred to LCollect in August 2006 has successfully been recovered in full including the payment of a substantial sum of interest.

The account was referred as an unsecured personal loan with our client securing a Default Judgment in 2006 with the Statement of Claim being personally served and nil payments received toward the debt for some time prior to the client commencing proceedings. Following enquiries by the client it was determined that the customer was a clearout and recovery in the short-term was unlikely.

With the debtors whereabouts not known extensive enquiries were undertaken over a number of years. Family members unable to assist stating that the customer was estranged from the family and could not assist in providing any details as to the debtors whereabouts.

In May 2016 further enquiries and searches managed to locate an address and contact number for the debtor who attempted to deny liability of the debt and demanded to be sent details of the debt including how the balance had been calculated. This was sent to the customer by email however subsequent emails to the customer went unanswered. We elected to contact the debtor again where the debtor, on several occasions, became verbally abusive towards staff and continued to make derogatory remarks about the Account Manager.

Further searches were undertaken whereby it was established that the debtor was self-employed, despite the debtor claiming to be in receipt of a Disability Pension. Upon questioning the debtor about these claims the debtor refused to answer questions regarding his involvement with the business and again become verbally abusive and refused to co-operate or substantiate his claims.

In June 2016 an Examination Notice was sent to the customer in an attempt to provide him with the opportunity in which to provide information about his financial position.

Having not received a response to this request, in July 2016  the Account Manager assumed that the debtor would bank with a local financial institution and accordingly issued a Garnishee Order for Debts for the balance of the debt with accrued interest and costs. The Garnishee Order was issued to the financial institution and subsequently the Order was satisfied in full.

In August 2016 the debtor completed and returned the Examination Notice with a copy of a Centrelink Income Statement attached however as the debt had been finalised this information was no longer required.

It has been noted that since the debt was finalised that the debtor has contacted our office several times however we have since ceased all communication with the debtor owing to the fact that the debt has been paid and his continually abusive nature.


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