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Case Study - Persistence Plus Enforcement Action Collects Debt

Monday, April 04, 2016 - Posted by Philip Harvey

A $3,000 visa card referral from July 2013 was paid after extensive collection action, with 35+ phone calls, 15+ SMS and 3 broken arrangements.

Upon referral and numerous contact points together with broken promises to pay, the 1st payment on this account was only received after approval had been obtained to commence legal action. This yielded a $250 payment.

Subsequent legal action was approved with a strong indication of the debtor having capacity to pay. The underlying reason for non-payment was unknown. There was a strong element of collector instinct that the account should be able to pay, with hesitation to commence legal action owing to the relatively low balance of the account.

After repeated phone attempts and Direct Debits being dishonoured, legal action commenced and a Judgment obtained in May 2015.

A Garnishee Order for Wages was attempted however this was unsuccessful with the debtor having left employment.

A Garnishee Order for Debts attaching to a bank account was attempted in June 2015 which returned a payment of $500.

The debtor subsequently entered into another arrangement under Direct Debit which only obtained two $20 payments before payments dishonoured again and the arrangement for payment broken.

Further negotiations did not result in payments.

2 further Garnishee Order for Debts attaching to the same bank account were issued which, with the final deduction, partially satisfied the debt which was accepted as final payment.


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