Louise Angela Medley of Bondi Beach, NSW has been found guilty and convicted of two counts of dishonestly obtaining financial advantage by deception.
Ms Medley was sentenced to an 18 months community corrections order on 13 November 2023, after earlier being found guilty.
An ASIC investigation found that between about 16 December 2016 and 13 March 2018, whilst a director and sole shareholder of Black Collections Pty Ltd ACN 615 105 345 (Black Collections), Ms Medley was dishonestly remunerated $28,016.81 for collecting on consumer credit debts despite knowing that Black Collections was fraudulently acting as a debt collector. The company operated as a debt collection agency in Double Bay, New South Wales.
On 17 June 2021, Black Collections was convicted and fined $8,800 for engaging in unlicenced credit activity and $4,400 for holding out that it held a licence that would authorise it to collect on consumer debts. At the time, Black Collections did not qualify for an exemption from the need to hold an Australian Credit Licence (ACL). It was also found that on 16 December 2016, Ms Medley, on behalf of Black Collections, held out that Black Collections held a Master CAPI license and was therefore authorised to collect on consumer credit, when it was not.
The matters were prosecuted by the Commonwealth Director of Public Prosecutions.
Ms Medley was found guilty of two counts of contravening s192E(1)(b) of the Crimes Act 1900 (NSW). The maximum penalty for contravening s192E(1)(b) is 10 years imprisonment. When dealt with in the NSW Local Court, the maximum penalty is two years imprisonment.
Black Collections was convicted of contravening s29(2) and s30(3) of the National Consumer Credit Protection Act 2009. The maximum penalty for contravening s29(2) is 200 Penalty units or two years imprisonment or both and for s30(3) is 50 penalty units or one year imprisonment or both (refer: 21-159MR Debt collection company convicted of engaging in unlicensed credit activities).