NSW Council Claiming Unpaid Fees - How Do I Clear Them?

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rachelsymons

Member
2 December 2014
4
0
1
I forgot to change my address with the council in 2011 and some time in that year I got served with a court notice for examination of my assets, as soon as I received this, I went and paid it as it was an honest mistake as we were building our home ourselves and just lost track of a few things.I have been applying for loans ever since and been knocked back wondering why, so late last year I asked the loan officer and they said I have an unpaid default on my credit file from the council in 2011. I said, "but it was paid right away I have the receipt still. I contacted the council that did this and they got their lawyer to send me a discontinuance letter to sign and said if I didn't it will remain on my file as unpaid and when I do sign it it will just be marked as paid but not removed. Is this right? I have missed out on credit over these years because on an honest mistake? And how long do I have to keep paying for the mistake?
 

rachelsymons

Member
2 December 2014
4
0
1
I forgot to change my address with the council in 2011 and some time in that year I got served with a court notice for examination of my assets, as soon as I received this i went and payed it as it was an honest mistake as we were building our home ourselves and just lost track of a few things, I have been applying for loans ever since and been knocked back wondering why, so late last year i asked the loan officer and they said i have a unpaid default on my credit file from the council in 2011, i said but it was payed right away i have the receipt still. i contacted the council that did this and they got there lawyer to send me a discontinuance letter to sign and said if i didn't it will remain on my file as unpaid and when i do sign it it will just be marked as payed but not removed. is this right? i have missed out on credit over these years because on an honest mistake? and how long do i have to keep paying for the mistake?
this was for a late payment of a quarterly rates. i was also made pay the legal costs of the council.
 

Rod

Lawyer
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27 May 2014
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Ask the council lawyer to confirm in writing if signing their letter fixes the credit issue. You may need a clause in the letter saying they will fix the credit report on you.
 

rachelsymons

Member
2 December 2014
4
0
1
Ask the council lawyer to confirm in writing if signing their letter fixes the credit issue. You may need a clause in the letter saying they will fix the credit report on you.
Hi,
Thank you for your reply, yes i have asked this and they say it only marks it as payed on VEDA not removed, does this mean now if i am eligible for a loan now i cant be knocked back because of this? does it get marked as payed when it was payed back in 2011? i think this is wrong to be able to do this after it had been payed.
 

Rod

Lawyer
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27 May 2014
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Sarah J

Well-Known Member
16 July 2014
1,314
251
2,389
Melbourne, Victoria
Hi Rachel,

As far as I understand, the council as creditor may ask Veda to remove the listing if the listing was made as a result of their mistake. As such, you should ask council to remove it. If they refuse to, contact the NSW Ombudsman in relation to the council's response and you may also try the Financial Ombudsman Services if Veda should refuse to remove the listing.