Your Legal rights

The law provides several important Protections for consumers By law debt collectors must not:

  • Trespass on your property
  • Use overbearing tactics or abusive language towards you
  • Making false or misleading statements or engaging in deceptive conduct: For example, they must not make false statements about the money you owe or what will happen if the debt is not paid; send letters demanding payment that are designed to look like court documents; or pretend to be or to act for a solicitor, court or government body.
  • They must not harass or contact you More than what is necessary FOR EXAMPLE : Debt collectors should only contact you A maximum of three phone calls Or letters per week or up to ten per month Between the hours of 7.30 in the morning And 9.00 o'clock at night on weekdays And 9.00 o'clock in the morning And 9.00 o'clock at night on weekends And no contact at all On national public holidays
  • They must not mislead or deceive you Or take unfair advantage of you because of illness Disability, your age, illiteracy Or because you are not familiar with the law This also extends to treatment of your family
  • They must respect your privacy at all times And not discuss your debt with someone else Unless they've got your permission
  • If a debt collector does contact you Via email or social media they must be sure that the account is not shared With another person
  • If you have sent the debt collector a Cease and desist letter - They must immediately stop all communication with you: if they continue to ring and send letters they are in breach of the Law
  • If you have filed a complaint with External dispute resolution scheme, the Australian Financial Complaints Authority (AFCA the debt collector by law has to suspend any collection or recovery action in relation to the debt until the complaint has been resolved