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.
     
    Davie likes this.
  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.
     
  8. brian22

    brian22 Member

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  9. brian22

    brian22 Member

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    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.
     
  10. Davie

    Davie Member

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    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.
     
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