Debt collections

Discussion in 'Legal Issues' started by balwoges, 24th Jul, 2018.

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  1. balwoges

    balwoges Well-Known Member

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    This afternoon we saw someone breaking into our neighbours garage, they are away in China ATM, when questioned he said he was a debt collector and that this was an 'unregulated repossession'

    Are debt collectors allowed to break into homes when there is nobody home, when we asked for verification he would only say he worked for a finance company and couldn't give us any paperwork to say he was going to repossess the car. The car is still there, garage door is broken and we thiink they will be back to take the car.

    My son sent a text to our neighbour, I am still upset, I didn't think this could happen
     
  2. thatbum

    thatbum Well-Known Member

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    I am fairly confident that guy was lying to you and was just a random trying to break into your neighbour's garage.
     
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  3. Simon Hampel

    Simon Hampel Founder Staff Member

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    I would have had my phone out immediately, recording things for later evidence if required.

    "Breaking in" would surely be illegal, regardless of whether they have the right to repossess the car?
     
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  4. JDM

    JDM Well-Known Member

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    Probably best to call the police if they come back
     
  5. Kassy

    Kassy Well-Known Member

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    I’d call the police and make a report anyway. Sounds very dodgy.
     
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  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I believe a debt collector can take a vehicle from a premises by entering a garage - if it is unregulated loan. they would usually notify the cops before doing this in case the neighbours call.

    I think loan agreements may have the borrower giving written consent to enter their premises.
     
  7. balwoges

    balwoges Well-Known Member

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    Thanks Terry, we have known neighbour is in financial trouble as we have had 4 debt collectors visit our home looking for him since Christmas. I didn't realise they could enter a garage.

    Your last sentence would probably be correct, it would be an unregulated loan knowing what we do now ...
     
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    It is an offence for a debt collector to let others know they are chasing a debt of someone else.
     
  9. balwoges

    balwoges Well-Known Member

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    I am bemused [I think]
    Car was repossessed 3 weeks ago, police in attendance, tow truck with 2 huge bodyguards present. Was early evening, whole street agog with the action ...
    Wife and child returned from wherever? 2 weeks ago, new Mercedes [worth over $100,000] is now the family car ...
    Its better than Netflix :rolleyes:
     
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  10. Scott No Mates

    Scott No Mates Well-Known Member

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    Easier than trading in the car, takes a few months for the possession order to come through so you can always be in your new ride.
     
  11. Ted Varrick

    Ted Varrick Well-Known Member

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    Did you offer them a payout figure (in case you wanted a new ride)?

    Assuming this would not cause any disruption to neighborhood harmony, of course...
     

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