Get Out Of Debt
Important Message : the content in these forums is user generated and archived here for the benefit of the community. Please make your own decisions on the validity of any information on these boards, as with all forums and life itself there's good advice and bad advice. If you have issues with debt then please contact us via any of the links on this site.

Please shed some light to file a "Defence"

Re: Please shed some light to file a "Defense"

Postby setmefree21 » Wed Mar 25, 2015 11:18 am

Another Update - Pre Hearing is set for 3 wks.

Any tips or advices will be appreciates ...thank you all
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

Re: Please shed some light to file a "Defence"

Postby setmefree21 » Sat Apr 11, 2015 4:02 am

Update - Counting down to the day facing the magistrate next Friday
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

Re: Please shed some light to file a "Defence"

Postby setmefree21 » Thu Apr 16, 2015 4:15 am

Going to Court tomorrow...very nervous

They have send a letter advising they changed solicitor, and I looked up the solicitor profile...." ABC has a broad practice which covers a wide range of jurisdictions. It includes contract disputes, disputes arising under consumer law legislation, debt recovery, enforcement of non-compete and restraint obligations and representative actions"
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

In Court Today

Postby setmefree21 » Fri Apr 17, 2015 2:11 am

In court today! Pre hearing
Magistrate disregard my request for the "Deed of Assignment" he said " you are not going to see it! You have received all substantial evidences ie statements and notice of assignment under the Conveyancing Act section 12, that is sufficient evidences for you to pay the debt...( i felt like breathing fire into his face)
I've asked for the matter to go to hearing. He said " do you want to incurred more costs and time on this matter" what else are you requiring. " the Deed of Assignment, your D&;,khead magistrate, it is my wish and right to see such Deed, whether it is exist and to see that the Assignor no longer has any interest at all in the alledged debt

Him: well you won't be seeing the Deed of Assigment i assured you
Him to the acting solicitor: I am not happy with the proposed time table, why do you need 24 weeks to submit/request for evidences!

He then went on and mumbling about "you are this is not Pelias case for a $4000 case are you?

HOW COULD HIM what unsympathetic cow???

Now i have 6 weeks to submit evidences and witness statement

The acting solicitor is more understanding than the magistrate.
Not sure if I went wrong in any process or just my luck to face the wrong magistrate.
Now I need to prepare my evidence and witness submission.

Will definitely need Faljay's and everyone of inputs
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

Re: Please shed some light to file a "Defence"

Postby waylander62 » Fri Apr 17, 2015 11:18 pm

i would suggest you post up redacted copies of their evidence,to be able to build up a strong case.
User avatar
waylander62
Platinum Member
Platinum Member
 
Posts: 2449
Joined: Sat Sep 17, 2011 12:00 am

Re: Please shed some light to file a "Defence"

Postby setmefree21 » Wed Apr 22, 2015 8:23 am

waylander62 wrote:i would suggest you post up redacted copies of their evidence,to be able to build up a strong case.



Will do
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

Re: Please shed some light to file a "Defence"

Postby setmefree21 » Thu Apr 23, 2015 2:20 pm

Hi all,

These are what show up in the mail box today, my Hearing is set for 22 June, I need to prepare my witness statement by 9 June. Surprisingly they now have the NoA from original creditor dated current after the pre hearing court date

Any inputs will be greatly appriciates
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

Re: Please shed some light to file a "Defence"

Postby sparkie72 » Sun May 10, 2015 9:56 am

What year was this C.C account established, after 2010? Was it done online or at a branch?
What was the very first letter that you sent to the debt collector upon receipt of theirs? (I'm guessing that you sent the templates from this site) [Which I may add are old and don't mention any part of the NCCPA and/or the NCC,which is where our remedy lies.]
Did they sent you a copy of a contract?
Have you ever sighted the application form for this C.C?
Any accounting statements from the start of the account until the default occurred? [Where you used the card and made payments to it]
Did the original creditor(O.C) notify you of the assignment of the alleged debt to said debt collector, or did the letter of assignment come from the debt collector. You won't get the Deed of Assignment, but they have to inform you of the assignment pursuant to the Privacy Act.
Has the other party filed an Affidavit yet? If so who is the affiant?

Do you know what a "set-off" application is vs a "counterclaim" within the court process.

The first question you shall ask the person in the Black outfit "Is this court operating as a Chapter Three Court, today your Honor?" If so "So this court has the Jurisdiction to make rulings with regard to Federal Laws (Commonwealth Acts)"
You are asking those questions as you may want to move the court to a court of competent jurisdiction, due to the Claimant beaching the NCCPA and/or the NCC and the Defendant has a set-off application within his/her defense.
sparkie72
Bronze Member
Bronze Member
 
Posts: 83
Joined: Sun Feb 12, 2012 11:00 am

Re: Please shed some light to file a "Defence"

Postby setmefree21 » Sun May 10, 2015 11:55 am

Hello Sparkie72...thank you so much for replying

Application was made online on 12 May 2011
Yes I used the Debt Letter 1 template
They sent me a copy of the online application, 1 page Financial Table contented rates, account number, Terms & Conditions booklet, statements from the beginning until the payment stopped which was in March 2013
Never signed anything
Yes, Credit Corp "debt Collector agency did sent me Notice of Assignment , in their own name, and now after the Pre Hearing, they also sent me Notice of Assignment from the O.C
They also have by the 9 June to file "Statement of Truth" or "Witness Statement"


Set off

If there are mutual debts between a plaintiff and a defendant, the defendant may, by way of defence, set off any debt that was owed by the plaintiff to the defendant and was due and payable at the time the defence of set off was filed. It does not matter whether the mutual debts are of a different nature: CPA s 21(1).

The defence is available where one or more of the mutual debts is owed by or to a deceased person who is represented by a legal personal representative: s 21(2). It is not available to the extent that the plaintiff and the defendant have agreed that debts may not be set off against each other: s 21(3).

Section 21 does not affect any other rights or obligations of a debtor or creditor in respect of mutual debts, whether arising in equity or otherwise (s 21(4)), and is subject to s 120 of the Industrial Relations Act 1996: s 21(5).

Section 120 of the Industrial Relations Act 1996 prohibits a defence of set off to a claim for remuneration in respect of goods or services supplied by the employer or at its direction.

In s 21, “debt” means any liquidated claim: s 21(6).


I am not sure what it means by Set Off
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

Re: Please shed some light to file a "Defence"

Postby sparkie72 » Sun May 10, 2015 12:43 pm

Okay Online application, are the income, monthly expense and asset figures correct? Have they supplied a I.P address of the terminal used?
So they sent you every monthly statement showing where the card was used and payments made? They will ready need to supply the transaction receipt you signed or pinned at time of purchase, but they can't as this is the item they securitize.

Did the O.C sent you a notice of the assignment after the pre-trail conference? They have to sent it to you before the collector can become the new creditor, read section 13 of the Privacy (Credit Reporting) Code 2014 (Version 1.2) located on the OAIC website, http://www.oaic.gov.au/privacy/applying-privacy-law/privacy-registers/privacy-codes/privacy-credit-reporting-code-2014-version-1-2

Has the very first letter from Credit Corp contain their AU credit licence number and show if they are a member of COSL?

You mentioned this, but it is unclear what you mean by "They also have by the 9 June to file "Statement of Truth" or "Witness Statement""

Have they lodged their statement of claim or applied for summary judgment yet?

Have they filed an Affidavit in the court record yet? This is their way of getting evidence before the court, if you don't attack their affidavit it will stand as fact and you will lose. But it maybe be led from the bar table, its one of their tricks.

A set-off is if you can provide proof that they beached the NCCPA and or the NCC you can apply to the Federal Court to have your debt set off because of their breaches, ie you own $10k they breached the law by trying to get you to pay, the laws they broke where $100k, so you can get the $10k from the $100k and the remaining $90k goes to the Commonwealth.
sparkie72
Bronze Member
Bronze Member
 
Posts: 83
Joined: Sun Feb 12, 2012 11:00 am

PreviousNext

Return to County Court

Who is online

Users browsing this forum: No registered users and 3 guests