NSW Credit Corp Questionable Conduct - What to Do?

Discussion in 'Debt and Bankruptcy Law Forum' started by Davie, 3 August 2018.

  1. Davie

    Davie Member

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    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
     
  2. Rob machesi

    Rob machesi Member

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    In 1980s?

    It is statue barred
     
  3. DMLegal

    DMLegal Well-Known Member

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    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.
     
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  4. Davie

    Davie Member

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    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.
     
  5. DMLegal

    DMLegal Well-Known Member

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  6. Davie

    Davie Member

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    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.
     
  7. DMLegal

    DMLegal Well-Known Member

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    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.
     
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