NSW Credit Corp Questionable Conduct - What to Do?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Davie

Member
3 August 2018
4
0
1
Hi all,

In desperate need of help please.

Credit corporation took out a garnishee order which I questioned. They only provided a Deed of Assignment. They advised that they had followed all legal requirements and that the debt related to a bank loan I took out back in the 80's.

When questioned further they kept on coming up with excuses as to why they can't provide proof. Now I have been issued with a judgment order that was attached to an email that stated they will no longer respond to requests for proof of liability. I have advised them that I did not take out a loan but they didn't reply to that.

My question is how is it that they have managed to lodge this paperwork with the courts when there definitely wasn't a loan. Yes I had two home loans with this particular bank that were paid out and i have never had a personal loan. I did speak to law access and it appears there is doubt regarding their legal documentation and there is action I can take but I can't afford legal representation.

Any help would be greatly appreciated.

Thank you
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
This sounds really dodgey, particularly with the judgement attached to an email. Contact the Courts and ask if this is legit and for all information relevant to the case.
 
  • Like
Reactions: Davie

Davie

Member
3 August 2018
4
0
1
This sounds really dodgey, particularly with the judgement attached to an email. Contact the Courts and ask if this is legit and for all information relevant to the case.
Thank you. I have contacted the court as the case isn't listed online, i will keep trying, apparently they need to update their management records...........I've been referring to the Law Access website and a few things about my case don't add up. They went through the judgment order and garnishee order with me on the phone and pointed out a few of things I will be following up on. Also late today I finally got a copy of their statement of claim and section 88 demand notice after numerous requests, that's a job for tomorrow i guess.
 

Davie

Member
3 August 2018
4
0
1
Has the garnishee order taken effect?
No, my employer made me aware that they had received a garnishee order in June, acting on advise given by Law Access I corresponded with Credit Corp and they advised my employer that the Garnishee order was on hold in June and then again in July. There was no judgment order at this stage.
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
They cannot get a garnishee order without a judgement in their favour? It sounds like they lied to your employer in order to get you to contact them.
 

brian22

Member
23 October 2018
3
0
1
Hi all,

In desperate need of help please.

Credit corporation took out a garnishee order which I questioned. They only provided a Deed of Assignment. They advised that they had followed all legal requirements and that the debt related to a bank loan I took out back in the 80's.

When questioned further they kept on coming up with excuses as to why they can't provide proof. Now I have been issued with a judgment order that was attached to an email that stated they will no longer respond to requests for proof of liability. I have advised them that I did not take out a loan but they didn't reply to that.

My question is how is it that they have managed to lodge this paperwork with the courts when there definitely wasn't a loan. Yes I had two home loans with this particular bank that were paid out and i have never had a personal loan. I did speak to law access and it appears there is doubt regarding their legal documentation and there is action I can take but I can't afford legal representation.

Any help would be greatly appreciated.

Thank you
 

brian22

Member
23 October 2018
3
0
1
I assisted similar case now used as precedent in others, the person I assisted referred me to your posting. If a debt judgement order was shiftily made they are almost impossible to remove, the key was to appear and fight it. I suggest you urgently file for a re-hearing, but if you failed to attend original hearing the court will want a good reason of non appearance or reason that no summons arrived to you. If you do not put your grounds now, they wont be accepted later even if evidenced, its a primate system. I take it you say, you never applied for or knew of a credit application and subsequent grant, further support for you is lender evading to substantiate the account they allege. Never pay or admit the debt as It will make you liable to it. Claim the order was made in error. It is rare courts set-aside these orders, a best way is prove it was applied for and made in error, wrong identity etc. If your hiding anything it will usually be uncovered, so think careful.
 

Davie

Member
3 August 2018
4
0
1
I assisted similar case now used as precedent in others, the person I assisted referred me to your posting. If a debt judgement order was shiftily made they are almost impossible to remove, the key was to appear and fight it. I suggest you urgently file for a re-hearing, but if you failed to attend original hearing the court will want a good reason of non appearance or reason that no summons arrived to you. If you do not put your grounds now, they wont be accepted later even if evidenced, its a primate system. I take it you say, you never applied for or knew of a credit application and subsequent grant, further support for you is lender evading to substantiate the account they allege. Never pay or admit the debt as It will make you liable to it. Claim the order was made in error. It is rare courts set-aside these orders, a best way is prove it was applied for and made in error, wrong identity etc. If your hiding anything it will usually be uncovered, so think careful.
Thank you Brian. I have been in touch with my bank in question and got necessary documentation to support my claim, in the process of legal proceedings at the moment. I just cannot believe that CreditCorp did not look into my case, sometimes things do go wrong. Also have been in touch with the court and I also have "legal" documents that CreditCorp emailed to me.
Will update outcome once this is over.