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Mediation Time. How to fire off your defence?

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Mediation Time. How to fire off your defence?

Post by onak on Sun Oct 14, 2018 6:26 am

A debt purchaser of credit card debt ignored my 3 Notice letters requesting proof of liability (shock horror!) and began legal proceedings against me anyway.

I stopped the court process by submitting a complaint to the Ombudsman and going through their Dispute Resolution Process.

The Debt Purchaser has therefore finally been forced to disclose documents on me and this debt.

Their documents include my own 3 Notice letters, Original credit card Statements, Original Default Notice, and an assignment notice between the debt Purchaser and .. the debt purchaser sister company! No legal assignment as far as I can deduce. No original agreement. No deed.

I now have to respond to the Ombudsman.

I am getting all my ducks in a row and have several defences in relation to breaches of:-
*Consumer Law (lack of disclosure - why should I keep asking while they ignore and keep charging me, and at an unlawful rate)
*Credit Law (no agreement provided and yet they are listed in my credit report under a Default Notice)
*Criminal Law (fraudulent misleading docs posing as original creditor).

My question is, do I pull the trigger on these defences all at once? Does anyone have real life experience on this?

My main purpose for posting this is that we all have stories that might help each other to cover all angles and offer insights into new areas, or where the reader might be able to contribute to this one. Otherwise what's the point in it all. Smile

The Ombudsman decision is binding, so I need to treat it like a court.

It is worth nothing that while this is happening in Australia the process is a universal one. I am British and have gone through similar process in England, there are equivalent laws, the process of defence and what to look for and call them out on is the same. I believe the process in Australia is much faster simply due to the size of the marketplace and resources.

So, if I can overcome these praying mantis then I suspect the aforementioned defences are worth noting for UK folk experiencing the same pressures and stress.

onak
Not so newb
Not so newb

Posts : 15
Join date : 2018-08-19

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