VIC Final Determination by FOS - VCAT as an Option?

Discussion in 'Debt and Bankruptcy Law Forum' started by Familylaw101, 21 March 2019.

  1. Familylaw101

    Familylaw101 Well-Known Member

    Joined:
    25 January 2019
    Messages:
    24
    Likes Received:
    0
    Hi,

    I have a dispute with 1 of the big 4 banks in 2018 from a debt I had with them in 2015.

    The bank stated I was sent a notice that if the debt was not paid I would get a default against my name.

    Long story short, here's a quick summary:

    Bank puts default against my name. I was not living at the residential address they sent the notice to.

    This was updated as bank records and notes state on the letters they sent them to me for 5 months then it went back to the previous address but not on their system notes.

    Bank gave me a digital copy of the original documents. Metadata does not match up to the dates of 2015 with 2013 and 2018 being the only years despite the documentation stating 2015. Other discrepancies like improper formatting of letters and in one section the account payment details were completely wrong.

    I paid the outstanding debt as soon as I was made aware of it in full. The bank refused to remove the default despite my protesting that I never received notice of this default and their records in various months show the change of address then it disappears back to my old one I was no longer residing at. The debt was paid up until the address changed and to my knowledge since not much was owing I was under the impression it was paid off and I never heard anything more about it until I went to apply for car finance years later.

    I raised this with FOS stating the documentation was fraudulently created and offered to show them the metadata and pointed out the discrepancies.

    FOS made a final determination in favour of the bank and when I questioned if they took anything I stated into account they simply said they aren't professionals in that area and they only go by the information that is before them not the information I provide to counteract and prove that the information was fraudulently created by the bank to cover themselves.

    How can I follow this up, I have a default against my name for the next year and cannot buy a house or get a car loan at a reasonable rate and yet I'm earning well over 6 figures.

    Is VCAT an option or does the financial ombudsman have some powers that you cannot fight their decision no matter how wrong it was?
     
  2. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,697
    Likes Received:
    352
    FOS no longer exists, it is now AFCA but they’re effectively FOS with a new paint job. They’re both EDR schemes.

    EDR scheme decisions are binding on the credit provider, they are not binding on you. The fact that the matter has received an ombudsman decision may be raised in a proceeding so be prepared to counter it.

    You might have an avenue to make a complaint to the Office of the Australian Information Commissioner (www.oaic.gov.au), but check whether they will consider the complaint if FOS has already ruled. I can’t recall offhand.

    I’m surprised at the decision given the facts you’ve stated. How did the bank account for the sudden change in address?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Familylaw101

    Familylaw101 Well-Known Member

    Joined:
    25 January 2019
    Messages:
    24
    Likes Received:
    0
    I have all of the proof and yet the bank said they have handed their information to FOS (prior to their name change in November 2018).

    I also got the FOS case manager to hand me the same files that they had received in a digital copy and the same findings with the metadata as well as the address discrepancies.

    I put up an issue with FOS about this and how they were fraudulent documents and yet they still did not take that into account and just stated that they find in favor of ANZ (yes I'm stating their name) and that their decision is based on the information they received which is the same information I also received.

    I just feel like its such a stupid corrupt system. I now have Credit Repair Australia onto it but their saying that with the FOS final determination ANZ is refusing to speak with them and unless FOS is willing to open it up again it doesn't seem likely I'll get an outcome at this time without taking resorting to legal action even with my case manager stating that the evidence is indisputable and he has no idea what FOS or ANZ were thinking.

    I have enough evidence to handle this on many levels and my question is can I still take up a fight against ANZ regarding this in VCAT or do I have to sort FOS out first before attempting to sort out ANZ and can that also be done at VCAT where I'm happy to self represent?

    Thank you for your help as well it helps knowing the decision isn't binding on me alone so there's still hope I will get justice.
     
  4. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,697
    Likes Received:
    352
    VCAT is very particular about the types of matters they'll consider. I'd suggest OAIC first.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;