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[SICA]

To cut a very long story short, my Thai wife had a 'marriage of convenience' to enable her to stay and work in Australia, back in 2004. During that time she applied for and got credit cards from ANZ and Commonwealth.

In 2005, her relationship with her previous husband turned sour and she had to flee to return to Thailand. To do this she used her cards to pay some debts and purchase her flight ticket, leaving Australia with credit card debts of almost AUS$8,000.

They have now tracked her down, made contact and are chasing the repayment. I am just wondering if anybody knows where she stands legally on this debt as it's over 7 years old.

The credit collection agency have stated in a recent email that they will outsource this debt to an agency in Bangkok to recover the debt and obviously we don't want this to happen. i know that with UK debts, if it's not repaid within a certain amount of time, the debt has to be written off. Does anybody the law with regards to similar situations in Australia?

She is no longer married to her former husband, if that makes any difference?

Please help.

[chainarong]

I think you will find there is no moratorium on dept, once in the hands of a collection agency, they will hound till the end of the earth or the parasites do in AU, they have brought that dept from the bank, they now will want their money back with interest, one way is to repay the dept is at one baht a month, being in Thai I wouldn't worry to much, you could always move to Burma , Aust can't touch you there.

[boggle]

She stole $8000 pure and simple. Pay it back. Some people are unbelievable!.

[bendix]

I think you will find there is no moratorium on dept, once in the hands of a collection agency, they will hound till the end of the earth or the parasites do in AU, they have brought that dept from the bank, they now will want their money back with interest, one way is to repay the dept is at one baht a month, being in Thai I wouldn't worry to much, you could always move to Burma , Aust can't touch you there.

Why are they parasites?

What we have here is people who effectively took $8000 which didnt belong to them with absolutely no intention of ever paying it back. If someone took 250,000 from you without your permission, would you simply roll over and let them, or would you do something about it.

In this instance, the Australian debt agency know they have little chance of recovering it from a person in Thailand, so they are doing all they can, which is planning to sell the debt to a Thai debt agency at a loss.

Believe me, the Thai agency will not be so polite nor so respectful of your consumer rights.

I suggest the OP works out a repayment plan, and quickly. You do not want a Thai debt collection agency chasing you.

As for the woman no longer being married to the Aussie guy - what on earth does that have to do with anything. The debt is owed by her.

[jamescollister]

OP the debt is not transferable to Thailand end of story. Chances are the Thai recovery agent is some free lance unlicenced farang working from a PC. If you want to clear the debt in OZ offer 10 cents in the dollar to who has it in OZ. Otherwise forget it. The time limit for legal action is long passed, and the e mail probable only has a mobile phone number and a mail box address. Just another chancer trying to score some easy money.Jim

[FritsSikkink]

Just another chancer trying to score some easy money.Jim

The woman who took the $8000 wanted to score some easy money.

[meand]

Only piece of advice is don't listen to sanctimonious aholes. James is on the right track. Who knows, you could pay in Thailand and get back to OZ and they say you never paid. Don't even sweat the collection in Thailand stuff. I'd offer about 15% when back in OZ and tell them that's all you have.... they will take it at some point. Make sure you negotiate that the entire debt was paid for your paperwork.

Edited April 26, 2012 by meand

[Rancid]

You are being conned, SOP by the Agency. If the cards were in her name it is her problem not yours, if she was an extra name on your card then OK it is your problem. My ex did a similar thing however it was my card with her name added. The debt agency came after me with all sorts of threats, I laughed at them and told them good luck. About a month later they contacted again, this time to negotiate. I knew it would be my problem eventually so offered them 20 cents on the dollar which they outright refused. A week later they contacted me again and accepted. However if it was her personal card don't settle, tell them to get lost, they will definitely not pursue you. Also in Australia I think the time limit is 5? years, after that cannot pursue. Plenty of info online on how to negotiate these situations.

[rakman]

Only piece of advice is don't listen to sanctimonious aholes. James is on the right track. Who knows, you could pay in Thailand and get back to OZ and they say you never paid. Don't even sweat the collection in Thailand stuff. I'd offer about 15% when back in OZ and tell them that's all you have.... they will take it at some point. Make sure you negotiate that the entire debt was paid for your paperwork.

Be sure to get the settlement in writing before sending any money, DO NOT give them your bank account numbers. Send bank checks only, or they'll drain any account you provide.

[lensta]

If she doesn't intend to go back to Oz to live and work, she can declare bankruptcy in OZ and that is the end of that, but as previous posters have said, the debt is long past its collection date.

[bendix]

You are being conned, SOP by the Agency. If the cards were in her name it is her problem not yours, if she was an extra name on your card then OK it is your problem. My ex did a similar thing however it was my card with her name added. The debt agency came after me with all sorts of threats, I laughed at them and told them good luck. About a month later they contacted again, this time to negotiate. I knew it would be my problem eventually so offered them 20 cents on the dollar which they outright refused. A week later they contacted me again and accepted. However if it was her personal card don't settle, tell them to get lost, they will definitely not pursue you. Also in Australia I think the time limit is 5? years, after that cannot pursue. Plenty of info online on how to negotiate these situations.

Did you even read the original post?

[bendix]

If she doesn't intend to go back to Oz to live and work, she can declare bankruptcy in OZ and that is the end of that, but as previous posters have said, the debt is long past its collection date.

No it isn't.

Get your facts right.

And for those who think people who think running away from debt are sanctimonious <deleted>, I'll be round tomorrow to drain your bank account of 250000 baht. Don't expect me to repay it. Happy?

[meand]

If she doesn't intend to go back to Oz to live and work, she can declare bankruptcy in OZ and that is the end of that, but as previous posters have said, the debt is long past its collection date.

No it isn't.

Get your facts right.

And for those who think people who think running away from debt are sanctimonious <deleted>, I'll be round tomorrow to drain your bank account of 250000 baht. Don't expect me to repay it. Happy?

Somebody has singles himself out as a sanctimonious ahole. That is a good one.

As to your analogy....

#1 why wouldn't you pay me back? Isn't that exactly what you are arguing against? Make up your mind buddy.

#2 are you saying you'd steal the money from my account?? That isn't what credit card debt is, there is a lender who wants to give the money based on risk of repayment and the potential interest. Your analogy doesn't even work.

In short, I have never seen somebody make such an ass out of themselves on so many levels with such few words.

For fun, let's consider a more workable analogy: you loan your neighbor that you hardly know 10,000 bucks, and he never pays you back. What do you do? Do you harass his family?? And, in the end, whose fault was all this??

[LuckyLew]

If she doesn't intend to go back to Oz to live and work, she can declare bankruptcy in OZ and that is the end of that, but as previous posters have said, the debt is long past its collection date.

No it isn't.

Get your facts right.

And for those who think people who think running away from debt are sanctimonious <deleted>, I'll be round tomorrow to drain your bank account of 250000 baht. Don't expect me to repay it. Happy?

Bendix ... by any chance do you work for a bank or a collections agency?

Curious why you seem so defensive on this topic

[theoldgit]

Whether it is right or wrong to run away from a debt is irrelevant and nothing to do with the question asked.

A debt is a civil matter and if no payment has been made or the debt acknowledged for a specific period of time then the debt is statue barred and no legal action can be taken. The statute of limitations in Australia varies from state to state and varies from three to six years, the debt doesn't go away when it becomes statute barred, it's just not enforceable in a court of law.

If the credit card company sold the debt to a Thai debt collection agency and they decided to try and enforce the debt, I'm pretty sure that there are no agreements between Australia an Thailand for such civil issue so I believe that if they were to try to take it to court in Thailand it would need to be heard under Australian law, and for such a small amount it really wouldn't be worth their while.

If it's statute barred in Australia, it's statute barred here.

If your wife admits the debt before it's statute barred then the clock is re-set, after it becomes statute barred she can admit all she likes.

Edited April 26, 2012 by theoldgit

[robblok]

Whether it is right or wrong to run away from a debt is irrelevant and nothing to do with the question asked.

A debt is a civil matter and if no payment has been made or the debt acknowledged for a specific period of time then the debt is statue barred and no legal action can be taken. The statute of limitations in Australia varies from state to state and varies from three to six years, the debt doesn't go away when it becomes statute barred, it's just not enforceable in a court of law.

If the credit card company sold the debt to a Thai debt collection agency and they decided to try and enforce the debt, I'm pretty sure that there are no agreements between Australia an Thailand for such civil issue so I believe that if they were to try to take it to court in Thailand it would need to be heard under Australian law, and for such a small amount it really wouldn't be worth their while.

If it's statute barred in Australia, it's statute barred here.

If your wife admits the debt before it's statute barred then the clock is re-set, after it becomes statute barred she can admit all she likes.

I am one of those sanctimonious pricks, i find it immoral to walk away from debs. As a business owner i hate it when people don't pay their dues. I take it real personal.

[RakJungTorlae]

hey my Brother worked for a collection agency in Australia not to long ago. hes company got Commonwealth and ANZ dept, what they did is they bought the dept of them for 1/4 of the original dept . now they have that person on there system for 7 years and they are very limited to what they can do ( threats to take to court and all that hardly ever happen for under 15K dollars . its possible to track down over seas but they have no authority what so ever. and since they bought the dept she owns no money to the commonwealth of Australia. after 7 years then its over, you don't owe money anymore but the credit history is quite messed up for a very very long time.

just like to add. if she really wants to pay back its very possible with the knowledge that you know that the dept has been bought to negotiate more then half you borrowed to clear that dept.

so how much debt could a dept collector be in debt if a dept collect could collect hes owen debt

Edited April 26, 2012 by RakJungTorlae

[theoldgit]

I am one of those sanctimonious pricks, i find it immoral to walk away from debs. As a business owner i hate it when people don't pay their dues. I take it real personal.

As you felt the need to quote my post, I think I need to clarify that I didn't suggest that you, or any other creditor, is a "sanctimonious prick", indeed I realise that things like this make it very difficult for business owners trying to make an honest living.

Edited April 27, 2012 by theoldgit

[simple1]

In Australia it is either five or seven years for the credit reporting agencies, by law, to remove any debt listing by banks etc from the databases. The time difference is based upon the nature of the debt listings. This is national, not State law. As mentioned in other posts personal credit card debt is a civil matter, not criminal. Banks obviously factor in risk, as you know the cost of money in Australia is currently around 7%, whereas many Banks charge up to 21% p.a. on credit card debt. Naturally there is competition so you can get offers of around 11% interest from some credit card providers.

[necronx99]

Not enforceable in any way shape or form.

Will go on her AU credit record, but if she has no intention of returning , phhht...

[bendix]

If she doesn't intend to go back to Oz to live and work, she can declare bankruptcy in OZ and that is the end of that, but as previous posters have said, the debt is long past its collection date.

No it isn't.

Get your facts right.

And for those who think people who think running away from debt are sanctimonious <deleted>, I'll be round tomorrow to drain your bank account of 250000 baht. Don't expect me to repay it. Happy?

Bendix ... by any chance do you work for a bank or a collections agency?

Curious why you seem so defensive on this topic

No, I don't.

I get animated about this subject because it is an issue that highlights people's irresponsibility these days.

It is very very simple. There are two types of people. There are those who borrow money and pay it back. They are responsible. They understand the value of things. They are adults. They are decent.

And there are people who borrow money and don't repay it. They are selfish, arrogant and despicable. They are thieves.

[jamescollister]

Don't know the girls story, so can't comment on why she was unable to service the cards, but people are losing there jobs and with that their homes and all they own. I am sure that most people pay their bills, otherwise they would never have got credit in the first place. Times are tough and credit card bills are not your first priority. Banks just loaned to much for too long and many people are in trouble. Jim

[kevjohn]

This site might answer some questions.

Check out "Payment Default and Clearouts"

http://www.mycreditfile.com.au/faq/

[Rancid]

You are being conned, SOP by the Agency. If the cards were in her name it is her problem not yours, if she was an extra name on your card then OK it is your problem. My ex did a similar thing however it was my card with her name added. The debt agency came after me with all sorts of threats, I laughed at them and told them good luck. About a month later they contacted again, this time to negotiate. I knew it would be my problem eventually so offered them 20 cents on the dollar which they outright refused. A week later they contacted me again and accepted. However if it was her personal card don't settle, tell them to get lost, they will definitely not pursue you. Also in Australia I think the time limit is 5? years, after that cannot pursue. Plenty of info online on how to negotiate these situations.

Did you even read the original post?

No, you are correct, I scanned, however what I wrote is correct regardless. I imagine I was still closer to answering the question as I didn't offer an opinionated rant.

[lensta]

If she doesn't intend to go back to Oz to live and work, she can declare bankruptcy in OZ and that is the end of that, but as previous posters have said, the debt is long past its collection date.

No it isn't.

Get your facts right.

And for those who think people who think running away from debt are sanctimonious <deleted>, I'll be round tomorrow to drain your bank account of 250000 baht. Don't expect me to repay it. Happy?

So Genius, what are the correct facts according to you.

[robblok]

I am one of those sanctimonious pricks, i find it immoral to walk away from debs. As a business owner i hate it when people don't pay their dues. I take it real personal.

As you felt the need to quote my post, I think I need to clarify that I didn't suggest that you, or any other creditor, is a "sanctimonious prick", indeed I realise that things like this make it very difficult for business owners trying to make an honest living.

I quoted your post because you said it was not about right and wrong. I strongly disagree with that. People not paying their bills really makes it hard on hardworking business owners. Sure you can tell them not to worry its not enforceable ect.

Then you just contribute and the next time they will give that advice and more and more people wont pay. Many people know i won't chase the debts people own or aren't even afraid of debt collectors because they know they don't have much power. That cost me money too because now i have to go to court to get money with all the problems associated with it.

I really take things like this personal (not you) and think that people who walk away from debts are nothing more then the scum of the earth. If you build up a debt pay for it, if you use a service pay for it. I can understand that there are times that will be hard or impossible but just because its hard and there is the easy way of walking out on it they select that.

Those people make stuff more expensive and hard for all of us. But i have seen many foreigners thinking like this, maybe get the scum of the earth here in Thailand. I was raised to pay my debts and play above board. I would not stitch someone up. I am seeing this behavior more and more (im an accountant) with my clients who have a hard time getting money that is owed to them.

[bdenner]

It's purely a moral issue, if missus OP is happy to rip off the Australian Credit card system so be it, that's why their charges and interest is so high to pay for such occurrences.

She can't be touched here. A different situation if she ever returns to the country and applies for credit. Has absolutely NOTHING to do with her ex if his names were not associated with the cards.

[jingjoe8]

Whether it is right or wrong to run away from a debt is irrelevant and nothing to do with the question asked.

A debt is a civil matter and if no payment has been made or the debt acknowledged for a specific period of time then the debt is statue barred and no legal action can be taken. The statute of limitations in Australia varies from state to state and varies from three to six years, the debt doesn't go away when it becomes statute barred, it's just not enforceable in a court of law.

If the credit card company sold the debt to a Thai debt collection agency and they decided to try and enforce the debt, I'm pretty sure that there are no agreements between Australia an Thailand for such civil issue so I believe that if they were to try to take it to court in Thailand it would need to be heard under Australian law, and for such a small amount it really wouldn't be worth their while.

If it's statute barred in Australia, it's statute barred here.

If your wife admits the debt before it's statute barred then the clock is re-set, after it becomes statute barred she can admit all she likes.

This is the right answer,whether its morally right or wrong your wife cannot be sued in court,a debt collector can chase you for as long as he wants and use all kinds of threats to extract money but no longer as a legal leg to stand on now

[theoldgit]

Robblox, I do agree it's wrong for people to take on debts they either have no intention of repaying, and I agree that those people are the scum of the earth. You, the business man lose out as do I, the customer, who ends up with higher prices.

There are then those who take on debts they cannot afford, these people are also scum, but the banks have to take some responsibility as they should never have been loaned the money in the first place. It's you and I that lose out again, the money has to come from somewhere.

The other category is those who have borrowed in good faith with every intention of paying back and then suffered a catastrophic change of circumstances meaning they cannot honour their commitments. I do have some sympathy with these people, and whilst I don't regard these people as scum, it could be argued that they should have covered all eventualities.

In a former life I have supported people who got themselves into financial difficulties and been hounded to the verge of suicide by unscrupulous debt collectors, I believe this to be as wrong as people taking on debts with no intention of ever paying back.

[robblok]

Robblox, I do agree it's wrong for people to take on debts they either have no intention of repaying, and I agree that those people are the scum of the earth. You, the business man lose out as do I, the customer, who ends up with higher prices.

There are then those who take on debts they cannot afford, these people are also scum, but the banks have to take some responsibility as they should never have been loaned the money in the first place. It's you and I that lose out again, the money has to come from somewhere.

The other category is those who have borrowed in good faith with every intention of paying back and then suffered a catastrophic change of circumstances meaning they cannot honour their commitments. I do have some sympathy with these people, and whilst I don't regard these people as scum, it could be argued that they should have covered all eventualities.

In a former life I have supported people who got themselves into financial difficulties and been hounded to the verge of suicide by unscrupulous debt collectors, I believe this to be as wrong as people taking on debts with no intention of ever paying back.

I have a few clients that are in that category, i know because i did their accounting. I don't chase those debts real hard. Most of them try to repay bit by bit if they can.

Your part about the banks being responsible too, i agree, you should not loan above someone's means.

I just responded to your post because i see more and more people just ignoring debts while they could pay a bit back but rather ignore it completely. If someone communicates with me telling why he cant pay... and its a believeable story i'm more inclined to not chase the debt or give them a longer period to pay it back. But the people who play deaf blind and mute i hate the most.