Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

QLD Australian Law - Incorrect Residential Address - Is Default Notice Still Valid?

Discussion in 'Other/General Law Forum' started by Danielle69, 22 January 2016.

  1. Danielle69

    Danielle69 Member

    22 January 2016
    Likes Received:
    My bank made an error and mistakenly had someone else's residential address on file. I'd always received correspondence to my PO box from them. The residential address was never my address, complete mistake by the bank.

    They sent a default notice to that address and no copy to my postal. Never received it.

    Is it still valid under Australian Law?
  2. Rod

    Rod Well-Known Member

    27 May 2014
    Likes Received:
    Probably is valid.

    You know your residential address held by the bank is wrong.
    It is your responsibility to ensure the bank has the correct contact details.
    Sending correspondence to a residential address is a valid form of delivery.

    Suspect they sent notices to the PO box which were ignored.

    Don't like your chances trying to prove the notice was not valid. You may be able to convince the bank to be nice and restart whatever proceedings they have against you but don't count on it.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. AllForHer

    AllForHer Well-Known Member

    23 July 2014
    Likes Received:
    In my view, your failure to pay constitutes a breach of your contract with the bank. Have you tried simply contacting the bank to try and get the error rectified?

    I agree with @Rod - you're unlikely to be excused from a default notice simply because they had the wrong address on file. Generally speaking, a reasonable person would take steps to avoid a default notice, wouldn't you agree? It would be reasonable to expect that a party would know roughly when a payment is due, and it would be reasonable to expect they would contact the bank in question if the invoice for that month didn't arrive. Further, it is your responsibility to ensure the contact details held by the bank are correct.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page