Letter about Debtor Harassment

Important: This letter can be used as a guide. You must insert your own details where appropriate and delete any information that is not relevant to your situation. Always date your letters. Always keep a copy of the letter you send. Get legal advice if you do not understand.

[Your name and address]

[write Date here]

[Debt collectors/solicitor's/Creditor's address]

Dear Sir/Madam

RE: Alleged debt to [name of creditor]

Account No. XXXXX

I wish to lodge a complaint regarding the debt collection practices of [creditor or debt collector].

Write the details of your experience of harassment by the debt collector. Include dates, times, events and names of people involved. See Fact Sheet: Debtor Harassment for examples of conduct by a debt collector that may be considered debtor harassment. Some examples of harassment appear below:

Example 1:
A representative [name] of your business has been ringing me very frequently. During the last 4 weeks I have been contacted over 30 times by phone. Some of those phone calls occurred after 9pm at night.

Example 2:
A representative [name] of your business rang my workplace [name of workplace] and spoke to a coworker of mine about the debt I allegedly owe you. The representative also asked my coworker for personal details about me including my home address and phone number. This caused me a great deal of embarrassment and I believe that your conduct caused significant harm to my professional reputation.

Example 3:
On or about [date] [name] of your business contacted me by phone. At that time, I was told I owed a debt. You told me that if I did not pay the debt immediately, the Sheriff would come around and take my possessions (including my car to pay the debt). I dispute owing the debt and have since found out there is no court judgment against me that would enable the sheriff to seize my possessions.

I demand that the harassment detailed above stop immediately.

I reserve the right to take such further action as is necessary including complaining to the Australian Securities and Investments Commission (or the Australian Consumer and Competition Commission if the debt is not the result of a loan) and the Office of Fair Trading.

Finally, I request that all future correspondence in this matter be in writing.

Yours sincerely,

____________________
[Full name]

Warning: This letter is information only and should not be relied upon as legal advice.