ICT Logo

## globals.menu.home NOT TRANSLATED ## ## globals.menu.home NOT TRANSLATED ##
Date: September 1, 2007
Reference: AUS 2007 TIO 1 EN (ICTDEC)
Database: TIO Determinations (Australia)
ICT Decision Making Body: Telecommunications Industry Ombudsman (Australia)
Theme(s): Consumer Protection
Language(s): English
Other Formats:

Summary

Facts

This complaint relates to a credit default listing against the complainant for $739.95.
The credit default was listed on the complainant’s credit file by a Factor on 11 March 2005.
The credit default listing relates to a debt that was sold to a Factor by the Carriage Service
Provider (the CSP) on 15 November 2004. The debt to which the credit default listing relates
became due and payable on 7 March 2002.

Decision

The TIO issued a determination that the credit default listing against the complainant that is the subject of this complaint should be removed.

Reasoning

The TIO stated that, if the CSP had credit default listed the complainant in accordance with the Credit
Reporting Agency’s policy (i.e. within 12 months of the debt falling due on 7 March 2002),
the default listing would still have been in place in late 2006 when the complainant sought to
obtain credit, and it would in all likelihood have led to the same result – that is, the
complainant paying the debt because she wished to obtain credit.