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WA Privacy Act and Other Legislation on Incorrect Default?

Discussion in 'Debt and Bankruptcy Law Forum' started by DMQC, 1 August 2016.

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  1. DMQC

    DMQC Well-Known Member

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    Just checking if anyone knows of any legislation or cases re incorrect defaults.

    I have an issue whereby a creditor has placed a default on my credit record. However, the default is unfounded and by their own admittance incorrect I.e there is no default whatsoever.

    Checked the national consumer credit act and privacy act, couldn't find much so thought I'd ask :)

    Thanks in advance
     
  2. Rod

    Rod Well-Known Member

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    Have a look at s 20S Privacy Act 1988 (Cth)

    Not sure of the process to fix it, either contact the Privacy Commissioner Home - OAIC or go to court and get an injunction ordering the correction.

    Recommend sending a demand letter to the creditor saying they will be liable for your costs in fixing their mistake.
     
  3. Tim W

    Tim W Lawyer

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    Why won't they remove it?
     
  4. DMQC

    DMQC Well-Known Member

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    Thank you both for your replies.

    It's a combination of won't and "I'll have my manager look into it", probably better to say that the haven't removed it after repeated requests. They have not said "we are not removing it" since they acknowledge that it is unfounded anyway.

    Regards
     

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