NSW Statement of claim and Judgment

Discussion in 'Commercial Law Forum' started by Sam Rimal, 4 July 2018.

  1. Sam Rimal

    Sam Rimal Active Member

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    Hi Guys,

    I need help here.

    In a background :
    I have two accounts with Credit corp ( CC) and I have been paying them since 2008.
    Suddenly , in November 2017, I was told my that there are error in their reference number, requested me to change the reference number. I accepted the request and change the payment , however, they again email me stating that they made error , please use this reference number:

    I then ask question why you guys have been changing the reference number ? then I stooped making a payment to one account because of probity issue , I asked question do guys follow up on the limitation account as well, then I was told you have already made a payment now it is effective .

    I have gut feelings that because i was paying to two account they forgot one of account for more than 6 years suddenly they have found and requested me to make a payment as result i did one payment.

    Last night , I received a letter as per above subject line now i am confused because they want me accept the claim but I have strong feeling that this account past the limitation period.

    Statement of claim assumptions:
    payment received in 2008 @10,000.00 out of 14,000.00
    since they stated i refused to pay , i dont recall receiving any letter since then because of two account it is very confusing.
    Secondly , they have mentioned interest has been reduced to 6% in 2010 and then further reduced to 0% in 0% as agreed I dont recall receiving any letter suggesting reduced interest ?
    However , statement claims that on 7th Feb 2008 the Plaintfiff sent a writen notice of the assignment .

    I filed to make the payment what is the basis for reduced the interest ? In my opening it is like dirty trick adopted by CC to enforce the debt which past the limitation period.
    CC has intimidated by giving a number of different reference number ?

    Now I received letter containing
    - Statement of claim - response within 28 days
    - Judgement order
    Under Judgement it has following information
    date made or given - 27th June 2018
    Date entered - 27th June 2018
    Terms of Judgment / order has following information , i dont know what does this mean
    Notice of Motion to extend time- Granted
    1.Dismissal Order under Rule 12.992) is set aside pursuant Rule 36.16(2)(b) - what is it /
    2. Pursuant to Rule 1.12 the time for Plintiff to effect service of statement of claim and to enter default judgement is extended to 22/07/2019- what does this mean.

    Question
    should I ask Credit corp to provide further information ?
    Should I go to court ? or should I accept it ?
    In Jan 2018, i requested for hardship as i resigned from my work
    I was unemployed for 3 months just got contract role as causal basis

    Please suggest best approach to deal with this people
     
  2. Rod

    Rod Well-Known Member
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    Suggest you speak with a lawyer before doing anything.

    I'm not entirely sure as I'm not in NSW but it appears they may have been granted an extension of time by the court to call in their loan. If this is the situation you may want to appeal/oppose that decision.
     
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  3. Sam Rimal

    Sam Rimal Active Member

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    Thank you for your insight .
    I never received a demand letter , I am not even sure about the amount they have mentioned in the claim as section 88.


    It seems to me they know I am unemployed so they are taking advantage of it.

    Secondly I never said I won’t pay money , I simply ask them to clarify the reason for changing the reference number twice .

    Can I appeal asking them to provide original letter of debt to verify the reference number ?
     
  4. Rod

    Rod Well-Known Member
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    Not for that, but I'm not clear of the process hence my suggestion to see a lawyer.
     
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  5. Sam Rimal

    Sam Rimal Active Member

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    Thanks , much appreciated.
     
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