Names and identifying details in this case study have been changed to protect our client’s privacy.

Helen never agreed to a new phone contract. When her old mobile provider, 3 Mobile, was taken over by Vodafone, her service moved across. She didn’t realise the changeover had started a fresh contract.

Then the data charges came, and they were huge. Helen disputed them, got nowhere and cancelled. Vodafone hit her with cancellation fees. She disputed those too. The telco refused to budge, and a default of about $4,900 eventually landed on her file, held by a debt buyer, Panthera Finance.

Diagram of how this case was resolved: disputed charges, checked notice timing, listed outside 3 months, removed in 41 days

What it was doing

Helen is from Victoria and had two listings on her credit report. Her mortgage broker told her both had to go before a lender would approve her.

What we found

Panthera Finance gave us Vodafone’s documents and our paralegals went through them carefully. The important part was the timing.

Under the current credit reporting rules, a creditor has to send a final written notice under the Privacy Act before listing a default. Once that notice goes out, the creditor has a limited window, three months, to list the default if the account stays unpaid. If it waits longer, it needs to send a fresh notice.

The last notice sent to Helen was more than three months before the default was listed.

Why it came off

Because the default was listed outside the allowed window after the final notice, it couldn’t stand. It was removed.

The result

We started on 20 April. The default came off on 31 May, 41 days later. Helen could move forward financially.

What this means for you

Timing rules are easy to miss, and creditors miss them. The gap between a notice and the listing can matter as much as whether the notice was sent at all. Our credit repair lawyers check those dates on every file.

This is a past matter. Names and identifying details have been changed to protect our client’s privacy.

Results depend on individual circumstances. Every credit file is different, and a past result doesn’t guarantee the outcome of your matter. This case study is general information, not legal advice.

Don’t spend another month stuck in Credit Prison. Call our credit repair lawyers on 1300 667 218 or book a 15-minute intro call at https://mycralawyers.com.au/15min-credit-repair-intro-call/ . If we think your chances are low, we’ll tell you straight.

MyCRA Lawyers | Australia-wide | 1300 667 218 | Contact form | Book a 15-minute intro call