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NSW Credit Corp cannot reproduce notice documents and fail to provide notice

Discussion in 'Debt and Bankruptcy Law Forum' started by Keiron, 8 March 2018.

  1. Keiron

    Keiron Member

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    Hi everyone,
    I hope some people can help me
    Out and ease my mind a bit.

    So recently credit Corp lodged a default on my credit file for a debt they purchased from the commonwealth bank for an outstanding credit card balance.

    I maintain I have received no written notice of their intention to lodge the notice. No 6Q no 21D. No section 88 (can’t veridy it wasn’t included in other notice, but when questioned they agree no section 88 was sent)
    Also I have not changed address in the last 15 years.

    ———————————

    When attempting to get a home loan, I was notified that my credit file had an outstanding default.
    After checking my credit file I immediately rang credit Corp on the phone. Said I am purchasing a home to live in, and that this default is going to prevent me from getting credit. Please remove it immediately. I said I’d be willing to pay the loan out on full if they remove the default.

    They refused to do so.
    I continued to encourage them. Telling them I have received no notice. I advised that if this prevents me from purchasing a home (asset) I would be forced to rent and would be seeking damages and losses.

    I lodged an official complaint and requested copies of my notices. After some time I received a response with template notices. Not my notice. Not my name. Not my address. No reference to me at all.
    I asked again where is my notice. And they said they do not have it and that the “template” was sufficient evidence.
    After further complaints, I lodged a claim with the EDR.

    I went through that process. After a couple more months, The result was the same. Credit Corp has provided a template notice. And some file notes that indicated a notice was sent.
    The file note had no reference to my name. No address. No monetary figure.

    So I refused to settle and asked for a full review.

    Six months later I had an email from credit Corp stating they will remove the default if I pay the full amount and withdraw me complaint with the EDR. (don’t know if that is actually legal). Basically they are admitting fault and accepting my initial offer of resolution. The settlement offer had no without prejudice notice so immediately forwarded it to the EDR.

    Anyways. 12 months later, I still have no result from the EDR review.

    This is causing me extreme stress and significant financial losses.

    Credit Corp maintain that the template and the rubbish file notes are sufficient enough to comply with section 185 of the NCCP act. I am arguing that it is not. That they are required to reproduce the document so we can verify the notice was sent to the correct address. No other information confirms this. Without that we can only assume the notice was never issued.

    With absolutely no record of these notices being sent. Surely they are in breach of the act and have to return me to the financial position I was prior to this error. No 6Q, no 21D, no section 88.
    The act is clear that they are liable for compensation claims relate and coming from any breach of the act. They even admit no section 88 was sent.

    I have done extensive research and not found any similar case where a FSP is unable to reproduce any document.

    Does anyone have any experience in this situation?

    Do they have a leg to stand on?

    I’m prepping myself to go straight to court pending this decision, as I’ve heard horrible things about the boss of credit Corp being also the boss of the CRedit invesmt obudsman.

    Sorry for the long post!
     
  2. settle

    settle Well-Known Member

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    U should join me for a class action against credit Corp this year

    We have a lot of clients like u

    We do challenge credit Corp in particular the notice of assignment

    YOU ARE RIGHT, do not let any professional tell u u are wrong

    THEY DO NOT FIGHT FOR YOU

    IF THEY CANT CHARGE U $500 per hr, they are not interested in helping u

    WE WILL, WE GUARANTEE U RESULTS
     
  3. Keiron

    Keiron Member

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    Sorry, we came to a settlement outside legal proceedings that was beneficial to the both of us.
    Don’t think I’m in any position to discuss the matter further.

    Cheers,



     
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