QLD Defendant has lodge statement to claim, now what?

Discussion in 'Commercial Law Forum' started by MatthewB, 8 July 2019.

  1. MatthewB

    MatthewB Member

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    Plaintif is the mother-in-law and Im the defendant
    I have lodge a statement to her claim, this was some months back now.
    Im being sued for 95k, im legit, nothing illegal and believe I have a great defence.
    My credit file is being ruined because of this dispute.

    Plaintiff has not moved any further with her argument, how long should I endure having a bad credit file for?
    I need to apply for finance because of the mess the plaintiff has put me in, is there something I can do to have the magistrate throw this out of court?

    Or am I suppose to suck it up for a few more months or years, im being ruined by plaintiff not moving forward...
     
  2. Rob Legat - SBPL

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    Have you actually checked your credit file to see if there is a listing against you in respect to this? The reason I ask is that only judgments should be listed on your credit file - not plaints.
     
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  3. MatthewB

    MatthewB Member

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    My credit file says

    Equifax Score Alert
    Court Action Type Court Writ/Court Summons
    My Score has come down from 825 to 449....

    My Credit Report has 1 against Writs And Summons


    Needless to say im not happy about the score, its not right that plaintiff is allowed to leave me hang like this...
     
  4. Rob Legat - SBPL

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    Contact Equifax at Personal Corrections | My Credit File per the below text. This is their explanation in the sample credit file:

    "Writs & Summons: Court Writs and Summons information is publicly available information that is obtained from the courts in Qld and WA. Writs and Summons information is retained for five years from date of listing. If this debt is finalised during this time, it can be updated to indicate that it has been paid or settled. Please complete the online form available at Personal Corrections | My Credit File and attach proof of payment including the date the debt was finalised so that we can amend the entry. If you have lodged an “Intention to Defend” with the Courts regarding this debt, please complete the online form listed above and attach a stamped copy of the court document. The writ or summons can then be removed from your file. If you need any further information regarding the writ or summons recorded on your credit report, please contact the plaintiff or court directly." [emphasis added]

    It's also worth noting that the 'score' means nothing. This is an American-ism that the credit reporting bodies seem to be trying to force into Australia. For the most part our credit reporting regime is fractured and there's no way the existing framework has sufficient information available to even begin to properly score people - if that is even a desirable thing.
     
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  5. MatthewB

    MatthewB Member

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    Thanks for your help, ill get on to it today.
    Cheers...
     
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