WA Privacy Act and Other Legislation on Incorrect Default?

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DMQC

Well-Known Member
29 June 2016
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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
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
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.
 

Tim W

Lawyer
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28 April 2014
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Why won't they remove it?
 

DMQC

Well-Known Member
29 June 2016
94
11
314
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