NSW Default Joint Car Finance with Ex - What to Do?

[CRUNO4U]

Hi there,

I have left domestic violence situation almost two years ago now. In the time that I dealt with domestic violence, he has forced me into getting a joint car finance loan with him. I was not working nor had or have an income.

I have a 2 year old and a 1 year old, there is an AVO to protect me and my children. He took everything from us, all our belongings, the courts put and order for me to get my things, but he told them it was all gone. He has no contact with me or the children. He was charged with breaching his AVO and pleaded guilty and was given 2 years suspended sentence.

The loan he had put in our names was for a car. I have no idea but I am assuming the car has been repossessed. The loan is now a default against my name, which from what I have read is also against his.

I don't know how to deal with this. I don't have the money or financial capability to resolve this and can't have any contact with this person. I was threaten into signing but I didn't understand how my name was being used when I had no income.

What do I do?

 

[Rob Legat - SBPL]

Follow these steps (assuming this is a consumer credit situation):

1. Write to the lender, inform them of the situation and request that the debt be removed from your name and, correspondingly, the default listing removed from your credit file. Specify that you request a response from them under their internal dispute resolution scheme (and get a copy of their policy).

They should acknowledge your request 'immediately', and have 45 days to provide their final response. If they make a reasonable request for information about the circumstances, make sure you give it to them. They can request a longer period to make a decision, but need your consent to actually extend it.

While you don't have to do the above in writing, it is easier for later evidence if necessary.

If this fixes everything, happy days.

2. The lender has to provide you with a written response by the end of the 45 days. If they don't do what you're asked, this response must include details of their external dispute resolution provider (which will either by the Credit and Investments Ombudsman ("CIO"), or the Financial Ombudsman Service ("FOS")). If they don't provide you with the required response, then go directly to either of these two bodies and do a search on their website to find out who the lender belongs to.

3. Make a complaint to either CIO or FOS. It's free to do so, and they can give you minor assistance. They will then investigate the matter, write to the lender, and follow it through to a decision.

You must co-operate and communicate with CIO/FOS, otherwise they may close the complaint. Any decision they make is binding on the lender - but not binding on you. They can, and do, order lenders to wipe debts and remove default listings.

You won't pay anything for the service, as all costs must be paid by the lender and cannot be passed on.

When you contact the Ombudsman, make it clear that you were pressured into the loan through a domestic violence situation. Both schemes are acutely aware of this issue at the moment.

 

[CRUNO4U]

thank you so much this greatly appreciate your help and i will do all the above. thank you