1. Privacy and Debt Collection
Christine Amanatidis
Senior Manager – Privacy and Debt Collection
(02)

3. Covered today Complaints received by PDC About the complaints received
Common reference points
Documents we require
Case studies

4. 2,311 PDC complaints received in 2016/2017

5. Top issues received by PDC
Default listing
No notices
Incorrectly accelerated debt
Financial hardship
Liability dispute

6. Top issues received by PDC
Harassment
Excessive contact
Conduct during contact
Third party representatives
Breach of privacy

7. Top issues received by PDC
Disputes about the debt
Debt is not theirs, or some kind of fraud
Debt is statute barred
Debt was previously paid
Unauthorised transactions
Interest, fees, or charges disputed

8. Single issue complaints

9. Two-issue complaints

10. Three-issue complaints

11. Common reference points
Relevant Laws
Privacy Act
CR Code
National Credit Act
NCC
ASIC Act
Other applicable laws
Codes
Banking Code of Practice
ACDBA Code of Practice
Debt Collection Guideline
Good Industry Practice
OAIC Privacy Fact Sheets and Determinations

12. Documents that we require*
Account statements
Notices/ written correspondence
File notes
Application, contract, T&Cs
Default listing x
Financial hardship
Harassment
Disputed liability
Disputed debt amount
Judgment
Copy of sealed judgment + notice of assignment

13. Responding to a complaint
Case studies

14. Case study 1: Default listing
The consumer says that a default was listed on his credit file in November 2016, but he did not receive any prior notice. He says he informed the FSP, on his application form, that he only wanted correspondence via . The FSP said that all notices were issued via post to the consumer’s residential address. The FSP also sent a field agent to the consumer’s address. Someone there informed the agent that the consumer was not there and had not lived there since 2013.

15. Notices/ written correspondence Application, contract, T&Cs
Discussion
Account statements
Notices/ written correspondence
File notes
Application, contract, T&Cs
Default listing x

16. Case study 2: Financial hardship
The consumer says that on 1 March 2016, she told the FSP that she lost her job and would be unable to make payment until she found another one. The FSP said that was not a problem, but required that she complete and return a SOFP within 21 days.
The FSP says that the consumer did not make a hardship application because she did not return the SOFP, so it listed a default on 25 April 2016.

17. Notices/ written correspondence Application, contract, T&Cs
Discussion
Account statements
Notices/ written correspondence
File notes
Application, contract, T&Cs
Financial hardship x

18. Case study 3: Undue harassment
The consumer says the FSP has been calling him multiple times in a day. He recognizes its number and does not answer because when he does, the FSP ignores what he has to say, talks over him, and threatens to commence legal action.
He asked the FSP to him instead of calling. The FSP sent letters to the consumer demanding payment of the debt and offering payment arrangements.

19. Notices/ written correspondence Application, contract, T&Cs
Discussion
Account statements
Notices/ written correspondence
File notes
Application, contract, T&Cs
Harassment x

20. Case study 4: Disputed liability
The consumer says that she does not owe the debt because it does not belong to her. Although her name and birth date are the same, she has never lived at the address on the contract and her occupation is different.

21. Notices/ written correspondence Application, contract, T&Cs
Discussion
Account statements
Notices/ written correspondence
File notes
Application, contract, T&Cs
Disputed liability x

22. Case study 5: Disputed amount of debt
The consumer says he disputed the amount in a default notice with the FSP in March He says that he lost his credit card in January 2015 and notified the FSP at the time, but did not hear from the FSP and so thought it was all dealt with.
The FSP listed a default in May 2016 for the disputed amount.

23. Notices/ written correspondence Application, contract, T&Cs
Discussion
Account statements
Notices/ written correspondence
File notes
Application, contract, T&Cs
Disputed debt amount x

24. Case study 6: Paragraph 20.5 CR Code
The consumer says she was a victim of domestic violence in
She has now discovered that the FSP default listed her in The consumer says that she paid the debt in 2016 and is asking for the default to be removed from her credit file.

25. Case study 6: Paragraph 20.5 CR Code
an individual enters into a new arrangement with a CP of the kind referred to in Section 6S(1)(c) or a CP has disclosed payment information in relation to the individual; and
the individual requests a CRB to correct the credit reporting information held by the CRB about the individual by removing default information that relates to an overdue payment that is the subject of that new arrangement or payment information; and
the request is made on the basis that the overdue payment occurred because of the unavoidable consequences of circumstances beyond the individual's control, such as natural disaster, bank error in processing a direct debit or fraud,

26. Case study 6: Paragraph 20.5 CR Code
an individual enters into a new arrangement with a CP of the kind referred to in Section 6S(1)(c) or a CP has disclosed payment information in relation to the individual; and
the individual requests a CRB to correct the credit reporting information held by the CRB about the individual by removing default information that relates to an overdue payment that is the subject of that new arrangement or payment information; and
the request is made on the basis that the overdue payment occurred because of the unavoidable consequences of circumstances beyond the individual's control, such as natural disaster, bank error in processing a direct debit or fraud,

28. Meet me at the Q&A session
Christine Amanatidis
(02)