Will Defending Myself Affect My Veda Credit File?

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Jaffasoft

Well-Known Member
5 December 2016
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I want to defend a suit claim lodged against me for money owed for a tradesman doing work at my property. There were all sorts of problems too numerous to go into in great detail, but basically I asked for a quote to determine if I could afford to go ahead with works.

The works started without receiving one. I felt pressured to let the work continue. I didn't agree to it happening without a quote, I always get one. Work wasn't completed as stated and it seems to have highly inflated bill for the job. I had to contact consumer affairs many times and work through the problems that surfaced and it took months of misery to simple get electricity trench to my property and electricity connected.

9 months for a job that should have taken two days. The job involved running electricity to a nearby shed, too and this was never completed. They did not do what they said they would.

All in all, it was a horrible experience where I was having to live with no electricity to shower, wash, cook, all through a long cold winter. I have had many tradesmen over the years who have done a quote and the work and been paid fair, this was just absurd.


I have filed a notice of defence and explained in paragraphs the above and received a mediation letter. I paid the company what I think was a fair amount and do not want to agree to paying more in a mediation meeting. I'd like a fair hearing from a judge.

If the judge deems that indeed I should pay, will this effect my Veda Credit File? it's my main concern moving forward or will I get the chance to pay the debt on an instalment plan?

I do not want anything bad on my credit file but I want the chance to defend the claim in court.

My credit file is important to me and I look after it well.
 

Victoria S

Well-Known Member
9 April 2014
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2,289
If you have a judgement lodged against you in court, it will most likely go on your credit file. If you don't defend a legal claim / suit that is filed against you, you have much greater chance of a judgement being lodged against you.
 
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Rod

Lawyer
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27 May 2014
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I'm like the OP and like to have a good credit history.

I thought entries on a credit file will only be listed if the creditor applies to have them listed. Most small tradies do not know how to do this and it may then be unlikely to be placed on the credit file. I may however be completely wrong :)
 
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Jaffasoft

Well-Known Member
5 December 2016
19
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71
I attended my mediation hearing today at 9.30AM as ordered by the magistrate. I went prepared to cooperate and come to a settlement and had an offer including a payment plan to offer the other party. I didn't get to find out if they would accept it and or the outcome of the mediation meeting was.

The other party didn't turn up. Myself and the mediator left the meeting after a bit of idol chatter and at 10 AM I left after the mediator explained that because the other party did not attend mediation there was a very reasonable chance the matter will be struck out.

What could happen next? Would the magistrate order another mediation meeting or would it go on to a hearing or would that be the end of the matter?
 

Rob Legat - SBPL

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16 February 2017
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I know the situation in Queensland, but not sure about wherever you might be. A judgment issued against you by a court will automatically end up on your credit file - they're registered through the Department of Justice will the credit reporting bodies (at least Veda and Dun & Bradstreet, not sure about the others). They appear in their own section and remain for five years.

However, if you are in the small claims section (ie QCAT in Queensland), the end result might not be a judgment. QCAT make a 'decision', which must be registered with the court by the judgment creditor to become a judgment (it is not automatic). Before that happens, the judgment creditor must make a demand for payment of the money from the judgment debtor, and give a reasonable time to pay. So, if that payment is made or arranged such that the judgment creditor doesn't enter judgment, then there will not be any record made on the credit file.