There is alot to learn when one starts to play the game, people on you tube make it sound easy!
Okay the Loan Application Form (LAF) normally has the figures fudged up, to make it appear that you have the capacity to pay the loan back, were the figures that was supplied true and correct as to what you supplied?
With the statements, if they ask you did you spend $$$ at a servo on Monday the 20th of April 20XX as shown within the statement, have you any idea how to answer that question?
Can they evidence where the Bpay payments came from?
Remember these two important Maxims of Law when you answer the above questions;
i) one shall not testify against one's self;
ii) the burden of proof lies with the accuser.
Also read s.13 (g) of the Debt Collectors Guidelines (DCG),page 27.
I say that due to the O.C not sending you the letter of assignment before Credit Corp appeared on the scene, that it maybe misleading or deceptive conduct or unconscionable conduct under The Australian Consumer Law
http://www.consumerlaw.gov.au/content/content.aspx?doc=the_acl/legislation.htmFurthermore if you where to pay Credit Corp. and then the O.C demanded money from you, then you tell the O.C that you paid Credit Corp. the O.C can easily say why did you pay them as we never employed Credit Corp as our agent.
Read s. 11 (m) of the DCG, page 25. Note the word
must.
Section 88 of the NCC is mainly for the O.C as they have to take those steps to allow you to enter hardship or make different payment plans etc. They normal state how much is outstanding like the $225 in your matter, and if you don't steps to make a payment etc they may accelerate the loan to the full amount without further notice to you,normally this is in the third letter from the O.C.
I'm guessing they did this third step pursuant to s. 88 of the NCC? Or the O.C may have breached s. 88 of the NCC if they did not sent you the three notices of default, get them to prove that they did sent all three notices.
If you can make a copy of those entries appearing on you credit report, and redact the other entries that appear on your C.R, use that as an Annexe in you written statement as that appears it could be a breach of the privacy code, also state that you have never had dealings with Credit Corp at the time they appeared on your C.R, where is the consent form that you signed that allowed them to access you C.R., as this is the only way they can appear on your C.R.
The fact that they supplied their AU credit licence number and that they are a member of COSL, is proof that they purchased the debt, but as I am sure you are aware by now is that the O.C must inform you of the assignment, which from what you have stated in your posts they never did, until after your pre-trail conference. I read on you earlier posts that you claim that you didn't receive it from them, but as you admitted you received something else from them they then claim the LOA was included within what you admitted you had received. I'm I reading that correct??
Remember an Agent can not prove they are an agent of the Principal, only the Principal can prove who their agent is.
I think I can see their little trick with lodging the matter as a Small Claim. In WA small claim cases the evidence rules are very relaxed, so I think the same applies over in you state.
1) They will hope you don't appear so they obtain a default judgment,
2) They will not get costs of their legal consul as in the small claims you can have legal consul but you can not seek costs of the consul, but as they only paid about 4 cents on the dollar and if they win in court they will be awarded the full amount, about 1000% profit!!
3) As they can not get anyone to testify in an Affidavit form they can make un-swore statements to support their claim and use the court process to obtain their judgement.
They way I see how you could over come this by using the Local Court Rules 2009 Part 2, Division 2 Transfer of proceedings.
http://www.legislation.nsw.gov.au/maintop/view/inforce/subordleg+589+2009+cd+0+NRead s 2.3 Transfer of proceedings from Small Claims Division to General Division: complexity, difficulty or importance of matters in dispute.
If you can prove that the Claimant breached the Commonwealth Acts,ie NCCPA/NCC/Privacy Act/
Competition and Consumer Act etc, the State courts can not rule on Federal Law so you have to motion the court to move the matter to a court of competent jurisdiction to make the necessary rulings as to their breach's, as you have a set-off, not a counterclaim, due to their breach's. I trust this makes sense.
http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s21.htmlWhat documentation did you request from Credit Corp when you received their first mailing?
Were any of the items requested the same as in s. 11 (c) in the DCG, page 24.
I know they supplied C.C statements, how long did that take for Credit Corp to supply them to you?
I ask as I'm trying to see what breach's Credit Corp have done and see if any penalty units apply to them.