Criminal charges against Australian debt collection company Panthera Finance dismissed

Consumer Affairs Victoria ordered to pay costs after firm successfully argues it is not technically engaged in debt collection owed to another person

Criminal charges against one of Australia’s biggest debt collection firms have been dismissed after the company successfully argued it was not technically engaged in debt collection.

In a committal hearing at the Melbourne magistrates’ court on Tuesday, magistrate Michelle Hodgson dismissed the charges against Panthera Finance and ordered that Consumer Affairs Victoria pay costs.

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Owner of scandal-plagued Panthera Finance tells court it was not technically operating illegally in Victoria

Francom claims that because Panthera had ‘acquired’ the debts, it was not technically engaged in collecting debt owed to a third party

One of Australia’s largest debt collection firms has claimed that scandal-plagued Panthera Finance was not technically banned from operating in Victoria after it was blacklisted by the state’s consumer watchdog.

Consumer Affairs Victoria launched legal action against Panthera Finance last year, alleging it operated in the state illegally after a federal court ruling in 2020, and despite warnings that doing so could amount to a criminal offence.

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Australian debt collection giant will cease to exist after claims it dodged its own blacklisting

Panthera’s new owners will seek to take a ‘strong moral and ethical focus, based on robust corporate social responsibility’

Panthera, one of Australia’s biggest debt collection firms, has been sold and its brand will cease to exist after claims that it circumvented a blacklisting barring it from operating in Victoria.

Panthera has been mired in scandal since the federal court found in 2020 that it had unlawfully harassed Australians for money they did not owe.

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Debt collection giant Panthera puts large parts of its business into administration

A Guardian Australia investigation has revealed Panthera had circumvented blacklisting designed to stop it operating in Victoria

Major private debt collector Panthera Finance has appointed new directors and put parts of the company into administration as it seeks to sell off its scandal-plagued business.

Last month, Guardian Australia revealed Panthera, one of the country’s biggest private debt collection firms, had circumvented a blacklisting designed to stop it from operating in Victoria and continued to strike debt purchase deals within weeks of regulatory warnings.

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‘Insidious and unsavoury’: how private debt collectors push vulnerable Australians to breaking point

Victims say they have been subjected to constant phone calls, harassment of friends and family members – and even misleading and false threats

The debt collector’s calls had driven Zach Fakhri to the edge.

It had only been six weeks since the personal trainer received the bill for an ambulance trip, taken after he sustained significant injuries while intervening in a fight between his two dogs.

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Know your rights: what to do if you receive a call from a debt collector

As the cost-of-living crisis drives more people to financial stress, it helps to understand the rules that cover debt collecting

If you have ever received a call from a private debt collector, perhaps demanding payment for an overdue bill you barely remember, you will know that it can feel daunting and rife with potentially serious consequences.

The best way to protect yourself in such a situation, particularly with the cost-of-living crisis driving more and more Australians to financial stress, is to understand your rights and the rules governing the way debt collectors can behave.

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Use, or threaten to use, violence or physical force against a debtor.

Adopt an aggressive, threatening or intimidating manner.

Use abusive, offensive, obscene or discriminatory language.

Comment on a debtor’s position, physical appearance, intelligence or other characteristics or circumstances.

Embarrass or shame a debtor.

Make disrespectful or demeaning remarks about a debtor’s character or financial situation in life.

Mislead a debtor about the nature or extent of a debt, or the consequences of non-payment.

Pressure a debtor by misleading, harassing, threatening or putting pressure on a debtor’s spouse or partner, or a member of a debtor’s family.

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Former debt collector reveals Australian industry’s dark secrets

Sean Letcher believes the average citizen would be horrified by what really goes on behind the call centre doors

Sean Letcher is a shadow of his former self.

Fifteen long years in the debt collection game, spending his days hounding people for unpaid bills and loans, left him shattered.

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Why Guardian Australia is investigating the private debt collection industry

When everyday Australians go to the wall, private debt collectors step in. In a cost-of-living crisis it’s vital to scrutinise the industry

More than half of all Australians have recently found themselves in some form of financial stress. Increasing numbers of people are facing energy poverty, food insecurity, delayed medical treatment and housing insecurity.

Calls to the National Debt Helpline have increased by 25% in the last financial year. When everyday Australians go to the wall, there is one sector that gets more business: the private debt collection industry.

Panthera Finance, Australia’s biggest privately owned debt collection business, has ignored a five-year “blacklisting” from the Victorian regulator and continued to purchase debts despite being warned that continuing to purchase and collect debts would be a criminal offence. The regulator has so far taken no action.

A former debt collector with 15 years’ experience in the industry says that some of the conduct he was involved in would “horrify” the general public. He claims he once issued a threat to seize the home of a rape victim whose husband had just died, and in another case dispatched an agent to a child’s school in a last-ditch effort to find a debtor.

Community legal services report debt collectors making false and misleading threats about a person’s credit rating to get them to pay and using underhanded tactics in order to extend the usual six-year time limit on collecting debts.

The Australian Financial Complaints Authority (Afca) says it has heard complaints of intimidating communication and of debt collection continuing while the authority is investigating, which is not permitted.

Afca also says complaints about debt collectors and buyers increased 9% last year, although specific complaints about inappropriate debt collection practices went down.

The industry peak body disputes the rise in complaints – it says its own data analysis shows steady reductions year-on-year since 2020, although this data does not include complaints that are resolved in their early stages prior to Afca involvement. The peak body claims less than 1% of complaints are substantiated to show any fault by the debt collector.

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