ON MOTHER'S Day in May, a debt collector turned up at Donna Venables's mother's house in Aireys Inlet to say her daughter owed National Australia Bank $7000.
It is understood the debt collection agency, Professional Collection Services (PCS), traced Ms Venables to her mother's house, where she had not lived for years, with the help of a private investigator.
For mother and daughter, news of the debt came as shock, as Ms Venables had never banked with NAB nor had a credit card with it.
The 28-year-old Melbourne property manager sought legal advice. On May 12, her solicitor wrote to PCS to advise it that it had contacted the wrong Donna Venables.
Three weeks passed with no response from the Brisbane-based company, so Ms Venables urged her solicitor to write again. On June 21, PCS finally got in touch by sending a statement of claim to Ms Venables which attributed the debt to a Shepparton woman, who shared the same first name and surname but had a different middle initial and birth date.
Ms Venables, who has never lived in Shepparton, contacted the debt collector to point out the case of mistaken identity. She also requested her legal fees of $827 be covered by the company. But her letter did not receive a reply.
Ms Venables also contacted NAB to see if it could call off the debt collector since it was clear the wrong person was being pursued. According to Ms Venables, the bank would only confirm that the debt was owed by the Shepparton woman and she was left to deal with the debt collector herself.
After six separate attempts to resolve the matter with PCS in July and August, a process server advised Ms Venables three weeks ago that she would be required to attend a hearing at Melbourne Magistrates Court. Ms Venables again contacted the company to complain. This time a staff member apologised and promised to cancel the hearing.
Two days later, upset by her treatment, Ms Venables attempted to speak to a PCS director about her case. She was hung up on.
On August 26, she wrote a letter of complaint to PCS and again requested reimbursement of her legal fees.
After being approached by The Age yesterday, NAB took steps to ensure Ms Venables's legal bill would be met and offered her an apology.
"This mistake should not have occurred, and we deeply regret the distress that this situation has caused Ms Venables," a NAB spokeswoman said. "This afternoon, we have been in contact with the collection agency PCS and requested that they meet any of the legal costs incurred by Ms Venables throughout this process. We are pleased to advise that they have agreed to this request and Ms Venables will be reimbursed shortly."
Disclosure: Ms Venables is related by marriage to Richard Baker.
Frequently Asked Questions about this Article…
What happened when a debt collector pursued Donna Venables for a $7,000 NAB debt?
On Mother’s Day a debt collector visited Donna Venables’ mother’s house to say Donna owed National Australia Bank $7,000. Donna had never banked with NAB or held a NAB credit card. The debt collector, Professional Collection Services (PCS), had traced her to her mother’s home using a private investigator and pursued her despite the mistaken identity.
Which debt collection agency pursued the wrong person and how did they locate her?
The Brisbane-based agency Professional Collection Services (PCS) pursued Donna Venables. According to the article, PCS traced Ms Venables to her mother’s house with the help of a private investigator, even though she had not lived there for years.
Did Donna Venables have an account or credit card with National Australia Bank (NAB)?
No. The article says Ms Venables had never banked with NAB and had never had a credit card with the bank, so the claim of a NAB debt was a case of mistaken identity.
What steps did Ms Venables take to dispute the incorrect debt claim by the collector?
She sought legal advice and her solicitor wrote to PCS on May 12 to say they had the wrong person. Ms Venables also contacted PCS directly multiple times, asked that her legal fees of $827 be covered, contacted NAB to request the bank call off the collector, and wrote a formal complaint to PCS on August 26.
How did NAB respond when it was made aware of the mistaken identity claim?
According to the article, NAB initially confirmed the debt belonged to a different woman and left Ms Venables to deal with the collection agency. After being approached by The Age, NAB apologised, arranged for Ms Venables’ legal bill to be met, and said it had asked PCS to meet any legal costs.
Was a court hearing threatened, and did PCS cancel it?
Yes. After several attempts to resolve the issue, a process server later advised Ms Venables she would be required to attend a hearing at Melbourne Magistrates Court. A PCS staff member later apologised and promised to cancel the hearing, though Ms Venables had earlier been sent a statement of claim dated June 21.
Will Ms Venables be reimbursed for the legal costs she incurred?
Per NAB’s statement in the article, NAB contacted PCS and requested they meet Ms Venables’ legal costs. NAB said PCS agreed to the request and that Ms Venables would be reimbursed shortly.
What does this case illustrate about mistaken-identity debt collection and how organisations responded?
The case shows that mistaken-identity debt collection can cause real distress and may involve private investigators and formal legal steps. It also illustrates that while the bank initially confirmed the debt belonged to someone else and did not immediately stop the collector, media attention prompted NAB to apologise and to seek reimbursement of Ms Venables’ legal fees from the collection agency.
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