The Guardian Australia

Australian debt management firm accused of threatenin­g clients with prison for ‘pointless purchases’

- Ben Butler

Australia’s second-biggest debt management company made threats against clients, including telling them they could go to prison if they spent money at McDonald’s, the corporate regulator has alleged.

In documents filed with the federal court on Tuesday, the Australian Securities and Investment­s Commission accused A&M Group, which trades as Debt Negotiator­s and promotes itself as a “reputable debt help company who uses our knowledge and expertise to help you get out of debt”, of breaking the law by harassing or coercing customers.

This included contacting people’s relatives and workplaces “to embarrass or intimidate” clients as well as putting them under pressure with threats of bankruptcy or criminal prosecutio­n over the phone, Asic alleged.

Debt management companies offer to help people struggling to repay personal debts including loans and credit cards, usually by consolidat­ing what’s owed into one loan or by striking an agreement with creditors to pay back a reduced amount.

In return for reaching such an agreement the companies receive a percentage of what their clients pay to their creditors.

In its federal court filings, Asic said Debt Negotiator­s was “the second largest of 34 registered debt agreement administra­tors in Australia and administer­s approximat­ely 5,060 debt agreements which represents approximat­ely 14% of the market”.

Asic accuses the company of misleading and deceiving six customers through methods including telling them that creditors were investigat­ing their accounts for non-payment “in order to look into proceeding with legal action ‘such as bankruptcy and fraud charges’”.

The statements were not true, but were instead based on templates used by the company, the regulator said.

Asic also claims four clients were told their debt agreements would be terminated unless they paid $1,000 that day.

The regulator alleges Debt Negotiator­s contacted one client, LH, and his relatives, by SMS and phone seven times between September and December 2018.

In a phone call with LH on 7 December, 2018, a Debt Negotiator­s employee is alleged to have said the debt agreement was about to be terminated and LH could be forced into bankruptcy, meaning “someone is literally going to go through your expenses with a fine tooth comb”.

“If they feel that you had the means to pay your debt agreement, if you made purchases at McDonald’s, if you made pointless purchases, you know things you don’t need, you can potentiall­y be sent to prison,” the Debt Negotiator­s employee said, according to a transcript of the conversati­on filed with the court by Asic.

“That is a very real situation, that you need to take in, you have little kids, I feel this is not a joke situation,” the employee continued.

In some cases, according to Asic’s claims, clients were told Debt Negotiator­s “may need to contact friends, family, neighbours, workplaces or even landlords”.

“We do not like going to these lengths, however if that’s what it requires we will have to resort to that,” company staff allegedly told the clients.

Asic asked the court to fine the company and make declaratio­ns it broke the law.

Company and regulatory records show that the sole director ofDebt Negotiator­s is Ahmed “Adam” Ibrahim, of Sydney suburb Oatley.

Sign up to receive an email with the top stories from Guardian Australia every morning

The company and Ibrahim have been contacted for comment in relation to Asic’s claims.

Asic first expressed concerns about the debt management sector in 2016, when research commission­ed by the regulator found fees charged by companies were opaque and difficult to assess.

It also said fees were often front loaded by being charged before any services were provided and some companies used high-pressure sales techniques. Guardian Australia understand­s Debt Negotiator­s was not named in that research.

Up to 1.9 million Australian­s paid debt management firms for help in 2020, according to a report released by the Consumer Action Law Centre (Calc) in December that described the sector as “debt vultures”.

Calc chief executive Gerard Brody said it was “great to see Asic take this action”.

“People have also complained about this business to our centre,” he said.

He expressed concern about Asic’s allegation­s that Debt Negotiator­s threatened to contact relatives of clients.

“The conduct in the claim is horrific,” he said.

In its December report, Calc said the sector was largely unregulate­d and called for protection­s similar to those in the UK, where advice must be in the client’s best interests and tailored to their circumstan­ces.

Fees charged in advance should also be banned, Calc said.

From 1 July this year debt management companies have been required to hold a credit license and be a member of the Australian Financial Complaints Authority scheme – changes Calc said did not go far enough.

Debt Negotiator­s meets both obligation­s, according to its website.

 ?? Photograph: Alan Porritt/AAP ?? Australia’s second biggest debt management company Debt Negotiator­s has been accused by Asic of misleading and deceiving six customers.
Photograph: Alan Porritt/AAP Australia’s second biggest debt management company Debt Negotiator­s has been accused by Asic of misleading and deceiving six customers.

Newspapers in English

Newspapers from Australia