Question: Summit Pty Ltd ( Summit ) is a commercial agent in Sydney whose business involves purchasing old debts at a discount and then pursuing the
Summit Pty Ltd Summit is a commercial agent in Sydney whose business involves purchasing old debts at a discount and then pursuing the debtors for payment. Lucy, an unemployed mother with a disabled, dependent child, had defaulted in making repayments on a car loan of $ with the National Finance Ltd National Despite the fact that National had repossessed and sold Lucys car, the amount recovered by National was insufficient to discharge Lucys loan debt entirely. When Summit eventually purchased Lucys debt from National some ten years later, accumulated interest had increased the amount Lucy owed to $
An employee of Summit contacted Lucy by telephone and indicated that if a satisfactory arrangement for payment could not be reached legal proceedings would be initiated. In the course of that telephone call, the parties reached an agreement that Lucy would pay $ as satisfaction of the debt. The amount of $ was immediately debited from her credit card and Lucy agreed to make arrangements to extend her credit limit on that card to enable payment of the remaining $
Advise Lucy of her legal position in these circumstances. Support your answer with case law and legislation where applicable.
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