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Dispute Debt Collection Notice
Summary
If you receive a debt collection notice for a debt you did not incur, you can dispute it under Australian Consumer Law. Inform the collector of the error and request they cease contact. You can reference the Australian Consumer Law, Part 2-2 (Misleading or Deceptive Conduct) and Part 2-1 (Unconscionable Conduct) under the Competition and Consumer Act 2010. If the debt is not yours, request the collector to stop contacting you and confirm in writing.Full Conversation
I got a letter from a debt collector that is not my debt. Someone had borrowed my motor vehicle and had an accident and the debt collector is chasing me for the money because I am the owner of the vehicle. I would like a professional legal letter to reply back to their initial letter and their letter is as follows
Hi ****! I can guide you on what to include in a response letter to the debt collector. Your letter should contain the following key points:
- State that the debt is not yours.
- Provide details about the person who borrowed your vehicle.
- Include any evidence like a loan agreement or statement from the borrower.
- Request the debt collector to stop contacting you regarding this debt.
Here is a basic template you can use:
---
[Your Name]
[Your Address]
[City, State, Postcode]
[Email Address]
[Date]
[Debt Collector's Name]
[Debt Collector's Address]
[City, State, Postcode]
Dear [Debt Collector's Name],
Re: Disputed Debt – [Account/Reference Number]
I am writing to dispute the debt you have contacted me about. I am not responsible for this debt as it was incurred by another individual who borrowed my vehicle without my authorization to incur such debts.
The individual who borrowed my vehicle is [Borrower's Full Name]. Enclosed is a statement from [Borrower's Full Name] confirming they were driving the vehicle at the time of the accident.
I request that you cease all communication with me regarding this debt and remove my contact information from your records. Please confirm in writing that you have received this letter and will comply with my request.
Thank you for your understanding and cooperation.
Sincerely,
**** ****
---
Feel free to adjust the details according to your situation. If you need further assistance, please let me know!
- State that the debt is not yours.
- Provide details about the person who borrowed your vehicle.
- Include any evidence like a loan agreement or statement from the borrower.
- Request the debt collector to stop contacting you regarding this debt.
Here is a basic template you can use:
---
[Your Name]
[Your Address]
[City, State, Postcode]
[Email Address]
[Date]
[Debt Collector's Name]
[Debt Collector's Address]
[City, State, Postcode]
Dear [Debt Collector's Name],
Re: Disputed Debt – [Account/Reference Number]
I am writing to dispute the debt you have contacted me about. I am not responsible for this debt as it was incurred by another individual who borrowed my vehicle without my authorization to incur such debts.
The individual who borrowed my vehicle is [Borrower's Full Name]. Enclosed is a statement from [Borrower's Full Name] confirming they were driving the vehicle at the time of the accident.
I request that you cease all communication with me regarding this debt and remove my contact information from your records. Please confirm in writing that you have received this letter and will comply with my request.
Thank you for your understanding and cooperation.
Sincerely,
**** ****
---
Feel free to adjust the details according to your situation. If you need further assistance, please let me know!
I would like the letter to also reference which part of the law they have breached by contacting me as I am only the owner of the vehicle
Sure, ****! In Victoria, debt collectors must comply with the Australian Consumer Law and Fair Trading Act *. Here is an updated template for your letter:
---
[Your Name]
[Your Address]
[City, State, Postcode]
[Email Address]
[Date]
[Debt Collector's Name]
[Debt Collector's Address]
[City, State, Postcode]
Dear [Debt Collector's Name],
Re: Disputed Debt – [Account/Reference Number]
I am writing to dispute the debt you have contacted me about. I am not responsible for this debt as it was incurred by another individual who borrowed my vehicle without my authorization to incur such debts.
The individual who borrowed my vehicle is [Borrower's Full Name]. Enclosed is a statement from [Borrower's Full Name] confirming they were driving the vehicle at the time of the accident.
Under the Australian Consumer Law and Fair Trading Act *, you are required to cease all communication with me regarding this debt as I am not the liable party. Please remove my contact information from your records and confirm in writing that you have received this letter and will comply with my request.
Thank you for your understanding and cooperation.
Sincerely,
**** ****
---
Feel free to adjust the details according to your situation. If you need further assistance, please let me know!
---
[Your Name]
[Your Address]
[City, State, Postcode]
[Email Address]
[Date]
[Debt Collector's Name]
[Debt Collector's Address]
[City, State, Postcode]
Dear [Debt Collector's Name],
Re: Disputed Debt – [Account/Reference Number]
I am writing to dispute the debt you have contacted me about. I am not responsible for this debt as it was incurred by another individual who borrowed my vehicle without my authorization to incur such debts.
The individual who borrowed my vehicle is [Borrower's Full Name]. Enclosed is a statement from [Borrower's Full Name] confirming they were driving the vehicle at the time of the accident.
Under the Australian Consumer Law and Fair Trading Act *, you are required to cease all communication with me regarding this debt as I am not the liable party. Please remove my contact information from your records and confirm in writing that you have received this letter and will comply with my request.
Thank you for your understanding and cooperation.
Sincerely,
**** ****
---
Feel free to adjust the details according to your situation. If you need further assistance, please let me know!
Also I don’t know who was driving the vehicle at the time of the accident
Case Rating: *
Since you don't know who was driving the vehicle at the time of the accident, it might complicate the situation a bit. You can still inform the debt collector that you are not responsible for the debt. Here's an updated template:
---
[Your Name]
[Your Address]
[City, State, Postcode]
[Email Address]
[Date]
[Debt Collector's Name]
[Debt Collector's Address]
[City, State, Postcode]
Dear [Debt Collector's Name],
Re: Disputed Debt – [Account/Reference Number]
I am writing to dispute the debt you have contacted me about. I am not responsible for this debt as it was incurred by another individual who borrowed my vehicle without my authorization to incur such debts. Unfortunately, I do not have information on who was driving the vehicle at the time of the accident.
Under the Australian Consumer Law and Fair Trading Act *, you are required to cease all communication with me regarding this debt as I am not the liable party. Please remove my contact information from your records and confirm in writing that you have received this letter and will comply with my request.
Thank you for your understanding and cooperation.
Sincerely,
**** ****
---
Would you like any further assistance with this matter?
Since you don't know who was driving the vehicle at the time of the accident, it might complicate the situation a bit. You can still inform the debt collector that you are not responsible for the debt. Here's an updated template:
---
[Your Name]
[Your Address]
[City, State, Postcode]
[Email Address]
[Date]
[Debt Collector's Name]
[Debt Collector's Address]
[City, State, Postcode]
Dear [Debt Collector's Name],
Re: Disputed Debt – [Account/Reference Number]
I am writing to dispute the debt you have contacted me about. I am not responsible for this debt as it was incurred by another individual who borrowed my vehicle without my authorization to incur such debts. Unfortunately, I do not have information on who was driving the vehicle at the time of the accident.
Under the Australian Consumer Law and Fair Trading Act *, you are required to cease all communication with me regarding this debt as I am not the liable party. Please remove my contact information from your records and confirm in writing that you have received this letter and will comply with my request.
Thank you for your understanding and cooperation.
Sincerely,
**** ****
---
Would you like any further assistance with this matter?
Under which part of Australian law does the debt collector have to harass me for this debt that I did not incur. The police even attended the scene and the driver fled on foot so it’s clearly nothing to do with me
Case Rating: *
You can reference the Australian Consumer Law (ACL) under the Competition and Consumer Act *, which prohibits debt collectors from engaging in misleading or deceptive conduct, and harassment or coercion. Specifically, you can mention:
- Australian Consumer Law, Part *-* (Misleading or Deceptive Conduct)
- Australian Consumer Law, Part *-* (Unconscionable Conduct)
Would you like any further assistance with this matter?
You can reference the Australian Consumer Law (ACL) under the Competition and Consumer Act *, which prohibits debt collectors from engaging in misleading or deceptive conduct, and harassment or coercion. Specifically, you can mention:
- Australian Consumer Law, Part *-* (Misleading or Deceptive Conduct)
- Australian Consumer Law, Part *-* (Unconscionable Conduct)
Would you like any further assistance with this matter?
Yes I would like to include this in my letter and also explain to the debt collector to cease and desist as I was not the driver at this time in this accident and I do not know who is as they fled the scene of the accident and police attended the accident and contacted me to collect the vehicle from the impoundment yard
Case Rating: *
Sure thing! Here's an updated letter template for your situation:
---
[Your Name]
[Your Address]
[City, State, Postcode]
[Email Address]
[Date]
[Debt Collector's Name]
[Debt Collector's Address]
[City, State, Postcode]
Dear [Debt Collector's Name],
Re: Disputed Debt – [Account/Reference Number]
I am writing to dispute the debt you have contacted me about. I am not responsible for this debt as it was incurred by another individual who borrowed my vehicle without my authorization to incur such debts. The police attended the scene and confirmed that the driver fled on foot. I was contacted by the police to collect the vehicle from the impoundment yard.
Under the Australian Consumer Law and Fair Trading Act *, you are required to cease all communication with me regarding this debt as I am not the liable party. Additionally, under the Australian Consumer Law (ACL) in the Competition and Consumer Act *, it is prohibited for debt collectors to engage in misleading or deceptive conduct (Part *-*) and unconscionable conduct (Part *-*).
Please remove my contact information from your records and confirm in writing that you have received this letter and will comply with my request.
Thank you for your understanding and cooperation.
Sincerely,
**** ****
---
Feel free to adjust any details as needed. If you need further assistance, let me know!
Sure thing! Here's an updated letter template for your situation:
---
[Your Name]
[Your Address]
[City, State, Postcode]
[Email Address]
[Date]
[Debt Collector's Name]
[Debt Collector's Address]
[City, State, Postcode]
Dear [Debt Collector's Name],
Re: Disputed Debt – [Account/Reference Number]
I am writing to dispute the debt you have contacted me about. I am not responsible for this debt as it was incurred by another individual who borrowed my vehicle without my authorization to incur such debts. The police attended the scene and confirmed that the driver fled on foot. I was contacted by the police to collect the vehicle from the impoundment yard.
Under the Australian Consumer Law and Fair Trading Act *, you are required to cease all communication with me regarding this debt as I am not the liable party. Additionally, under the Australian Consumer Law (ACL) in the Competition and Consumer Act *, it is prohibited for debt collectors to engage in misleading or deceptive conduct (Part *-*) and unconscionable conduct (Part *-*).
Please remove my contact information from your records and confirm in writing that you have received this letter and will comply with my request.
Thank you for your understanding and cooperation.
Sincerely,
**** ****
---
Feel free to adjust any details as needed. If you need further assistance, let me know!
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