credit corp/Stevensdrake claimform - Aus Card Debt ***WON***

[Rebecca H]

After a couple of emails explaining a few things to the very helpful man from COSL, he sent me this email which I received this morning

 

"Credit Corp have informed me that a request was sent to their overseas agent to cease enforcement proceedings as per our rules.

 

As the matter is in IDR, I recommend you contact Credit Corp and advise them of the best time to contact you during this stage of the complaint."

 

I am emailing him to find out why Credit Corp told him that no enforcement proceedings had been commenced.

[Rebecca H]

[ATTACH=CONFIG]42715[/ATTACH]

 

Hi Andy

I'm sending witness statement and supporting documents off tomorrow. I've added in no 9, do you think that's ok?

Nothing from Stevendrake as yet regarding COSL's request. Actually I'd rather just go to court and get it over and done with.

Rebecca

[AndyOrch]

Yes thats ok Rebecca.

 

Andy

[Rebecca H]

The hearing for Friday has been adjourned pending COSL's investigation. I didn't send my witness statement in as I will now wait until the next hearing date. Had a reply from ASIC saying that they will not be taking any action at this time. So they obviously don't think phone calls outside of legal hours is a problem!

[unclebulgaria67]

If this adjornment advice was not from the court, you should check with the court to make sure this is the case.

[Rebecca H]

Hi,

I haven't had an advice from the court as yet, probably due to the bank holidays. I have received a copy of the letter Stevensdrake have sent to the court asking for it to be adjourned. I should hear something tomorrow, if not I will contact them myself.

Rebecca

[Rebecca H]

Hi everyone,

Just an update. The case has been adjourned. Credit Corp didn't respond within the 45 days they were given by COSL and I had now received this letter from COSL. I need to reply to this.

I also think I need to point out that they were telephoning me when they weren't supposed to?

All that's going to happen is that they will come back with documents showing my name on the credit card agreement and I guess that will be that. But then I will have to take National Australia Bank to task.

Anyway, I've copied and pasted the letter below.

 

Complaint regarding: ____ and Credit Corp Services Pty Limited

 

Our preliminary view is that we may be able to investigate your complaint. However, information we later receive may prevent us from investigating your complaint under our Rules. We will let you know if this occurs.

 

Complaint summary

 

As we understand it, you are claiming that you have previously disputed the debts pursued by Credit Corp in respect of account _______ However, Credit Corp has failed to provide you this information and continue to pursue you for the outstanding amounts.

 

Your preferred outcome

 

In settlement of your complaint, you are seeking that Credit Corp provide you proof of the debt.

 

First Step

 

As a first step, Credit Corp is given an opportunity to again consider the issues raised in your complaint. This may result in the early or partial resolution of your complaint, but if it does not, your complaint may move to the next stage of our process. We observe procedural fairness at each stage of the process and this means that each party must be given the opportunity to address the issues raised by the other.

 

Your complaint has now been forwarded to Credit Corp for a response, which will normally be provided to us within 21 days. Please let us know if they contact you at any time with an acceptable resolution.

[krios]

Also dont forget them sending someone to your home to ask for a payment and scaring you

[Rebecca H]

ah yes! thanks fro reminding me!

[Rebecca H]

After a long wait I finally got a response form credit corp via Cosl. It was just a preprint of credit card and bank statements and no mention of out of hours telephone calls etc. I responded to Cosl stating that it was their illegal conduct which was in question and this is their response, unfortunately I didn't keep a record of dates, but I do remember the main womans name who kept calling me.

"The purpose of this email is to request additional information that will assist us to investigate your complaint further.

 

Additional information

 

The Debt Collection Guideline (Guideline) published jointly by ASIC and the Australian Competition and Consumer Commission gives guidance on what frequency and type of contact is acceptable, and what may constitute harassment by a debt collector.

 

You say that Credit Corp have contacted you outside the acceptable hours of contact.

 

In relation to the telephone contact made with you while you were overseas, it does not appear that Credit Corp have breached their obligations under the Guideline. However, we would require further details from you to investigate this further.

 

If we found that Credit Corp had breached their obligations, then we may be able to order Credit Corp to restrict their contact outside the appropriate hours of contact.

 

If you would like Credit Corp to be submitted to disciplinary action if they have breached their obligations under the Guideline, then this is not a matter we can assist you with. As regulators, the Office of the Australian Information Commissioner (OAIC) and ASIC would be the more appropriate organisations to consider disciplinary conduct.

 

The OAIC regulates privacy matters and ASIC is the financial services industry regulator. Consequently, depending on what you are seeking through your complaint, you may wish to raise this complaint with OAIC or ASIC.

 

Next step

 

To assist us in our investigation of your complaint, please provide us with the following information:

 

1. the dates and time at which Credit Corp contacted you,

 

2. details of those conversations, including who they were with and what was discussed, and

 

3. any other information or documentation that may be relevant.

 

Please provide us with a response by 22 July 2013.

 

If we do not hear from you by then, your complaint may be closed without further notice. Please note that once closed, a complaint can only be reopened in exceptional circumstances."

What next, any suggestions much appreciated.

[krios]

Keep it going as long as you can. Then complain to the asic. Don't let them off the hook or they will be back at you.

[Rebecca H]

I'm going to ask that they instruct Credit corp to disclose their records of what contact was made. If they have kept their records then this will show that the times they contacted me were definitely outside of the correct ones. We'll see.

[krios]

You can ask credit corp to supply ALL data that they hold on you as is your right under the Australian privacy Act. THEY must act on this request. They have to by law supply everything you ask for. It also costs them a lot of time and money

 

William415 sent this to credit corp.

 

Ixxxxx Nxxxxxxxxx

Dispute Resolution Manager

Credit Corp Group Limited

Level 11, 10 Barrack Street

Sydney, NSW 2000

AUSTRALIA

 

REDORDED DELIVERY

 

SUBJECT: Request for Information Under Privacy Act of 1988

RE: Account Reference DT XXXXXX, DT XXXXXX

 

 

This is a formal request under National Privacy Principal 6 of the Privacy Act of 1988. I request disclosure of all personal information your company holds on me.

 

This is my right under the Privacy Act:

 

6. Access and Correction

 

6.1 If an organisation holds personal information about an individual, it must provide the individual with access to the information on request by the individual.

 

I formally request that you disclose ALL information that you hold about me including, but not limited to, any contracts, any credit agreements, any statements, any correspondence, any personal data, any transcripts of telephone conversations, any assignments, any diary entries, any internal or external communication or notes, and any computerised data.

 

If you refuse to disclose any and all information that you hold about me, the Privacy Act stipulates that you must provide reasons for denial of access or refusal to correct personal information.

 

I further request that you provide all of the information I have requested within 30 days of the date of this letter. If you cannot comply with my request within this timeframe, I expect you to explain why and to give me a timeframe in which you can comply.

 

Furthermore, if you fail to acknowledge this request within 30 days of this letter, I will lodge a formal complaint to the Australian Privacy Commissioner.

 

Additionally, per my previous correspondence with your organisation, I request that you conduct ALL communication with me in writing. My postal address is as follows:......

 

When he got a reply It cost them $70 just for the postage LOL

[Rebecca H]

great! thanks so much.

[AndyOrch]

Excellent Krios and great support for Rebecca.

 

Your scales tipped accordingly.

 

Regards

 

Andy

[Rebecca H]

yes, Andy, it was much appreciated and I have sent them an email with the above.

[AndyOrch]

yes, Andy, it was much appreciated and I have sent them an email with the above.

 

Keep at them dont let them think you are weakening Rebecca.

[Rebecca H]

I won't! I'm seriously considering complaining to NAB as to why my credit card debt was sold in the first place when everything else was paid off upon the sale of property. I did write to the bank manager asking why and this was his reply

 

"I am limited by Privacy concerns in what I can discuss with you but I can confirm that :

your personal credit card was an unsecured facility. This means that it was never secured by the farm or any other property. The bank was never in a legal position to insist upon its repayment from the proceeds of the sale of the farm or other property which was owned by ----

the circumstances of ------ credit card is not something I am able to discuss with you.

I strongly suggest that you seek legal advice on your position in this matter and act accordingly."

 

The bank always knew where I was and all of the circumstances so I find it appalling that I have ended up in this position.

[AndyOrch]

Keep that safe Rebecca may come in useful should this proceed further.

[Rebecca H]

Since the last update I received this from COSL, which they had received from Credit Corp. It shows that most of the calls they made were outside the guideline hours and I am sure that there were others which were earlier. They say that no calls were made on the other days , as you will see below, but I am not so sure. If I had known where this was all going to end up I would have made notes. Any advice on what to do now?

 

"We have reviewed the below request and can confirm the following time for these phone calls were made:

 

· 11 March 2011 - 8:54AM (EST)

· 11 May 2011 – 3:39PM (EST)

· 20 May 2011 – 4:04PM (EST)

· 23 June 2011 – 4:45PM (EST)

· 30 June 2011 – 4:30PM (EST)

· 6 September 2011 – 3:46PM (EST)

 

In regards to the remainder of calls ( 25 May 2011, 3 June 2011, 7 June 2011 and 17 August 2011) we can confirm that no contact was made but rather the representative had run the incorrect action and notarised the account.

 

We have been unsuccessful retrieving the last call (22 September 2011) to verify the exact time of call. However we do note (from the file notes provided) the call appeared to have occurred in the afternoon 21 September 2011"

[Rebecca H]

Hi,

 

I've received a letter from Stevendrake saying that the dispute has been resolved and they want my proposals other side they will restore the proceedings. I have replied saying that I am now complaining to ASIC. Can anyone advise me as to if this Is this the next course of action?

Thanks

Rebecca

[AndyOrch]

Why do they need your proposals Rebecca?...if they are going to restore then let them get on with it...how long as this been stayed now?

 

Regards

 

Andy

[krios]

Andy,

I think Stevensdrakes are asking for payment proposals

 

 

Rebecca, if you have to tell them anything, tell them that the dispute is not resolved as far as your concerned and your are submitting to the ASIC and also submitting an other dispute to the credit ombudsman, and one to the Australian privacy commissioner for cross border privacy breaches.

[Rebecca H]

hanks for the replies. Andy, it's been stayed since the beginning of April. Krios, I agree with you, I think they want me to offer them a payment structure. I will write out a complaint to ASIC next as they have admitted calling outside of the legal times to do so.

Rebecca

[AndyOrch]

Andy,

I think Stevensdrakes are asking for payment proposals

 

 

I am aware Krios...I was being flippant...but if their case is solid they could just lift the stay and proceed irrespective.

 

Regards

Andy