Why Do I Get Calls from a Skip Tracer? Are They Legal in Australia?

What is a Skip Tracer?

A skip tracer is a person or agency hired to locate individuals who have “skipped” town or are difficult to find, often because they owe money. Skip tracers use various methods to track down people, such as:

• Public Records: Searching databases for addresses, phone numbers, and other contact information.
• Social Media: Scouring social media profiles for clues about your whereabouts.
• Friends and Family: Contacting your known associates to gather information.

Are Skip Tracers Legal in Australia?

Yes, skip tracers are legal in Australia. They operate within the bounds of the law to locate individuals who owe money or need to be served legal documents. However, their activities are regulated to protect your rights.

Why Am I Getting Calls from a Skip Tracer?

If a skip tracer is calling you, it’s likely because:

• Unpaid Debts: You have outstanding debts that creditors are trying to collect.
• Unreachable: Creditors or debt collectors have been unable to reach you through their usual channels.
• Legal Notices: You might need to be served legal documents or notified of court proceedings.

What Are My Rights When Talking to a Skip Tracer?

Even though skip tracers are trying to find you, you have rights to protect you from harassment and unfair practices:

1. Respectful Communication: Skip tracers must treat you with respect and cannot use abusive, threatening, or harassing language.
2. Privacy: They cannot disclose your debt or personal information to unauthorised third parties.
3. Reasonable Contact: They must adhere to reasonable contact hours, typically between 7:30 am and 9 pm on weekdays, and 9 am to 9 pm on weekends.
4. Verification: You have the right to ask the skip tracer to verify their identity and the purpose of their contact.
5. Dispute the Debt: If you believe the debt is not yours or there’s an error, you can dispute it. The skip tracer must then provide evidence of the debt.
6. Request Written Communication: You can request that they communicate with you in writing instead of by phone.

What Should You Do When a Skip Tracer Calls?

1. Stay Calm: Keep your cool and listen to what they have to say.
2. Verify Identity: Ask for their name, the company they represent, and the purpose of the call.
3. Take Notes: Write down important details from the conversation.
4. Know Your Rights: Remember your rights regarding respectful communication and privacy.
5. Seek Help: If you’re unsure how to handle the situation, consider seeking advice from a financial counsellor or legal professional.

Can I Just Hang Up and Not Talk to Them?

Yes, you can hang up and choose not to talk to a skip tracer. However, ignoring their calls won’t make the debt or the issue disappear. They might continue to try reaching you through other means or escalate the matter to legal action.

What is the Benefit of Talking to a Skip Tracer?

Engaging with a skip tracer can have some benefits:

Clarify the Situation: By talking to them, you can confirm if the debt is legitimate and gather information about it.

Resolve Issues: You can work towards resolving the debt, potentially avoiding further legal action.

Negotiate Terms: Open communication can lead to negotiating a payment plan or settlement that works for you.

Prevent Harassment: Addressing the issue can reduce persistent calls and attempts to contact you.

Difference Between a Skip Tracer and a Debt Collector

In the Australian context, it’s important to understand the roles of a skip tracer and a debt collector, as they serve different functions:

Skip Tracer:

• Purpose: A skip tracer’s primary job is to locate individuals who have become difficult to find, often because they’ve moved or changed contact details without updating creditors.
• Methods: They use various methods, including searching public records, social media, and contacting known associates to track down the individual.
• Focus: Skip tracers focus on finding people rather than directly collecting debts.

Debt Collector:

• Purpose: Debt collectors are responsible for recovering money owed on behalf of the creditor. Once they find you, their job is to negotiate payment arrangements, collect overdue amounts, and ensure the debt is settled.
• Methods: Debt collectors contact you through phone calls, letters, and sometimes in-person visits to discuss your debt and arrange payments.
• Focus: Their main focus is on getting you to pay the outstanding debt, either in full or through a negotiated settlement or payment plan.

Getting a call from a skip tracer can be unsettling, but understanding why they’re contacting you and knowing your rights can help you handle the situation with confidence. While you have the right to hang up, engaging with them can help clarify and potentially resolve the situation more effectively. Remember, skip tracers are primarily trying to find you, while debt collectors are focused on getting the debt repaid. If you’re dealing with debt, taking proactive steps and seeking professional advice can help you navigate these challenges more efficiently.