Credit Repair Background:
Mark had 4 defaults and one Judgment that arose as a result of a marital breakup. Mark was constantly in Family Court and was struggling emotionally and financially. All listings have been paid.
What were any challenges with the creditor?
When Origin provided the requested documents, it became apparent that they had not complied with the strict timeframes governing the listing of a default. It took Origin almost a month to simply respond to our complaint and confirm default would be removed.
Why was the listing removed?
As this default was listed on 17 November 2014, the changes to the Privacy Act 1988 (Cth) (the Act) that took effect in March 2014 enhanced our client’s consumer rights.
Debtor’s are now afforded enhanced levels of protection before a creditor can default list them. An additional default notice under section 21D of the Act is required to be issued to a debtor, which gives the creditor a maximum timeframe of 3 months from the date of the 21D Notice to default list the debtor should the account remain unpaid.
Our investigations revealed the last 21D Notice issued to Mark was greater than the allowed 3 months from the date of the default. Subsequently the default was placed unlawfully and required immediate removal.
Summary:
Mark was referred to MyCRA Lawyers by his mortgage broker as Mark wanted to purchase his first home and his low credit score was preventing his home loan application being approved. We were able to remove this listing in 74 days and Mark is now one more step closer in achieving his dream of buying his home. Congratulations Mark!
