QLD Credit Corp Chasing Debt I Never Had?

[Shadz]

Hi DMQC,

Not trying to hijack this post but I was just about to make a post asking if anyone has a cease & desist template they could share and I found your response above. If possible can you provide a link for the template you mentioned as I've only been able to find ones that are from USA websites.

Cheers

 

[DMQC]

Hi DMQC,

Not trying to hijack this post but I was just about to make a post asking if anyone has a cease & desist template they could share and I found your response above. If possible can you provide a link for the template you mentioned as I've only been able to find ones that are from USA websites.

Cheers

Sure, see below an example that could be used for 1. Credit Agencies trying to recover a debt and a general C&D letter. I wrote off the cuff so please edit and adjust to suit your needs.

Creditor letter
General letter

Regards

 

[Shadz]

Thank you very much for the response, much appreciated.

 

[DMQC]

No worries Shadz, glad I could help.

 

[hazell360]

Thanks for everyone's help. So in the last 8 months I have managed to obtain police reports and documentation and credit corp have come to the agreement that fraud is definitely the case. However this was back in Feb.

Every time I now phone up to check, the file is waiting to be seen and has not been processed. It's ridiculous - it's been 2 years of hell.

Any help on how i can speed them up? Is this even legal? It's been waiting in line for 4 months getting increasingly frustrated any help would be appreciated

 

[Rob Legat - SBPL]

hazell360, when you say it has 'not been processed' but Credit Corp agrees that it is not your debt, what are you looking for them to do? Are they still chasing the debt, is there a credit file listing, or something else?

 

[hazell360]

hazell360, when you say it has 'not been processed' but Credit Corp agrees that it is not your debt, what are you looking for them to do? Are they still chasing the debt, is there a credit file listing, or something else?

Yeah, it is still listed on my credit file. This whole process has been going on for 2 years. I am really trying to buy a house but obviously can't until this is off.

Back in Feb, I was told it would be sorted in 2 weeks - since then every time I phone up I just get told it's waiting in line and hasn't been seen. Driving me mad now surely this is not right ?

 

[Rob Legat - SBPL]

I appreciate the comments above about not being able to get CIO to do anything about Credit Corp - and they're right that one of CIO's board is the CEO of Credit Corp. The board is supposed to be separate, however.

This might help you get around it. You'll need to do each step in order, but feel free to skip ahead steps if you've already done any:

1. Get a copy of your credit reports from the credit reporting bodies. You're entitled to a free one every 12 months, you've recently been knocked back for credit after a search was done, or where you're requesting a correction - go here for details/instructions: https://www.oaic.gov.au/individuals...redit-reporting/accessing-your-credit-report;

2. Complain directly to the relevant credit reporting bodies. Search on the internet for 'complaints' and the relevant body, that should get you to the right pages. The credit reporting body will then seek information from Credit Corp and make their own determination;

3. If you're not happy after 2, the credit reporting bodies are all (I think) members of the EDR schemes: CIO and FOS. Find their scheme and make a complaint. Since it's no longer about Credit Corp, for example, you should over the 'hurdle' referenced above;

4. If you're not happy after 3, make a complaint to the Office of the Australian Information Commissioner. If you get that far and no one's helped you, your only viable port of call thereafter is a court action or trying to appeal to the Minister in charge.

 

[hazell360]

thanks can i ask why you think they are doing this they have the proof its a fradulant case taken out in my name they have told me they can see its fraud but for some reason are avoiding closing it. To me it makes no sense

 

[Rob Legat - SBPL]

Probably any one/combination of slackness, 'too hard basket', fell down a crack or failure to understand their requirements at law. There are requirements on credit providers (which includes Credit Corp as the buyer of debt) to take reasonable steps to correct wrongful information about an individual within 30 days of the request being made (s21V Privacy Act). This section requires them to consult with credit reporting bodies and other credit providers. It sounds like they need a little pushing to realise that.