Car Next Door

I just received the same threat in relation to my refusal to pay for the repair of a “light scratch”. The previous user did not take any photos whereas I took photos at end of use only but they deem me responsible,

This is a 5 year old knocked about van and the alleged scratch is neither here nor there in the scheme of things but they are claiming nearly $500 for a repair the owner would never bother carrying out.

A bit suspect I think.

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This paragraph does not make a lot of sense.

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That exclusion is outrageous and probably unenforceable.

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Hello again.
I just received a mail saying a default was set on my credit and that a request for a debt collection was sent to a debt collection agency which will contact me.

Do you know if a debt collection agency have the authority to escalate this issue for legal actions resulting with me having trouble returning to Australia sometime?

If so, I might pay and let the crooks at Car Next Door go to sleep with their bad karma. :slightly_smiling_face:

Do we have something we could do? maybe gather together and get an attorney to try and fix this?

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I am not licensed to provide legal advice, the following is opinion and resources you could contact.

The law is clear about public (government) debt that is problematic for anyone in any circumstance. Private debt is not referenced in any of the resources I was able to find relating to visas or immigration status. I do not know if it could be raised in a character test since it is a civil not criminal matter.

One can lodge a dispute with the credit bureaus regarding a reported debt but the agency is not ‘in the middle’ and that dispute is on the entry in your file, not about the validity of the debt. A dispute at the bureau does not remove the entry but those accessing your file see your side of it as well as the ‘debt’ side. CND has as advised in your earlier post, ‘onsold’ your claimed debt to a debt collection company. Collection companies make their money buying your debt from the business (CND) at a (often steep) discount and then collecting from the debtor. They historically have been extremely aggressive hence laws restraining how they can proceed. They generally arenot concerned with whether a debt is bona fide or not, they presume it is because when they buy the debt, the debt is documented to a level it should prevail in a court of law.

Credit reports are generally only relevant for such things as rental applications and applications for credit.

Some background references include the following. Disputing the original debt is not easy once in the hands of a collection company but can be done at time and often expense.

https://consumeraction.org.au/resources-and-toolkits/how-can-i-clear-my-credit-report/

Based on the information in this topic, one might reasonably try to avoid CND because the claimed repair costs could be significant unless one diligently takes high quality before and after photos of their rental where no view could be left to the imagination or speculation on what is shown.

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Like @PhilT I am not licensed to provide legal advice. My thoughts would be similar to his

  • in terms of the government itself, no
  • you would have to turn this into a fairly significant geopolitical / international drama before it would likely impact on the “character test” that is referred to - refer Section 501(6) of the Migration Act - however the Minister does have very wide discretion e.g. 501(6)( c)(ii) "having regard to the person’s past and present general conduct "
  • one might reasonably assume that if you paid us another visit you might again need to hire a car (obviously not from CND) and the credit issue and/or damage dispute could be visible to the other hire company, which could influence their desire to do business with you
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Thank you very much guys.

I have received a mail from the debt collection agency.
At this point I think I had tried to do what ever I can to avoid this payment and now it’s just harassing me as the only option to reach this agency is by phone so I think Im gonna pay and try to find a lawyer to consult with and see if I can get my money back.

Of course, I will publish this story in blogs, travellers groups (Israeli and Aussie), will write comments wherever I can and hope that no other person will be a victim of Car Next Door.

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It might be a good idea to approach a legal representative ASAP before making any payment. Most offer a free initial consult. That’s to assess, size and scope your action. They may suggest that you have little hope of success and leave it at that. In these days of Covid, it would be common to do that initial consult over the phone or net.

They are also able to advise that if you wish to engage them and proceed further whether you should pay or act otherwise.

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Could you maybe address me to someone? I really don’t know who to talk to

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Apologies, it is outside what I can offer, however for NSW the following link should assist.

I’m assuming that as Car Next Door has a NSW head office it may suit. If your hire relates to a different state, each state has a law society which offers similar services.

EG Qld
https://www.qls.com.au/For_the_community/Find_a_solicitor

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For $500? You will waste all that or more on lawyers and have no certainty of a win. If you do nothing they will have to take you to court and for that amount I doubt they would waste the effort if it was a local matter as it is overseas forget it. If you do decide to pay do not throw good money after bad by spending it on lawyers.

Debt collectors work initially on bluff and using cheap staff to worry at you with threats that they may not ever carry out. As soon as it starts to cost money in legal proceedings they quickly calculate their chance of winning and whether they can actually get the money out of you, if the chances of getting more than they might spend are not good they drop it. These people do not work on principle they work on profit.

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Do you suggest I should just leave it?

Thanks!

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Agree, as the act of making a payment may be seen as accepting some responsibility for that being paid for. This assumes one is set on fighting CND and not rolling over.

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That is up to you, I can’t make ethical decisions for you.

From a practical point of view I see no upside to paying and then trying to get a refund. Either pay and write it off to experience or throw the ball back to them and make them choose between proving their case and dropping it before it costs too much. That’s what they are trying to do to you. Civil suits are nasty, costly and the only people who benefit most of the time are lawyers.

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There are some free legal advice centres that may be able to provide advice and support. On this site we have a topic that lists some of these services:

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Bearing in mind though that @amirco is (allegedly) in Israel.

The implication would be that a lawyer is prepared to provide a free initial consult. Otherwise, yes, neither party wins by lawyering up, not for $500 anyway. That will disappear inside your first 1 to 3 hours.

This.

Once you pay up, you will never hear from them again. The boot will be on the other foot, with you chasing them to get money.

There are times when the above strategy (pay first, fight later) makes sense e.g. when it’s your government coming after you for money - because the law is written all in their favour, unsurprisingly.

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For clarity @amirco posted the damages claim for his case was $2,000 not $500.

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Sorry. My bad.

Too many disgruntled Car Next Door customers to keep track of. :wink:

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Regardless if in Israel, if they are an Australian Citizen they may be able to avail themselves of free legal advice and the Free Legal services in the State/Territory the problem occurred in would have the best legal advice for that State’s/Territory’s legislation for free, not necessarily the best advice in that State/Territory though but I’m sure they are quite familiar with these types of issues. perhaps even the best.

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