Case Studies

Our case notes show how we deal with the many different issues that arise in our case investigations. The case notes aim to provide consumers and participants with guidance as to the approach we are likely to take in a particular type of case or highlight some of the many different ways in which a complaint can be resolved.

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Title Year Case summary
To the limit 2019

Chris’s dog Scout went to a specialist surgeon to repair damage to one of his legs. Chris’s pet insurance policy had a $2,000 limit for specialist treatment, and a $7,000 limit for treatment of injuries. Which limit applied?

Criminal convictions can catch you out 2019

Non-disclosure of criminal convictions leads to a high excess, but does the broker have some responsibility?

Concrete catastrophe 2019

Is there a difference between manufacture and construction? We think there is!

Irresponsible lending 2018

Janet has been paying off her daughter’s loan for the last 10 years. 3 years ago, the loan was transferred into Janet’s name. Was this transfer in breach of the CCCFA or the Responsible Lending Code?

No cover for pre-existing medical conditions 2019

While studying overseas, Aida ended up in hospital. Aida claimed on her insurance to cover the costs but her claim was denied due to a pre-existing medical condition.

Big loan for a bad car 2018

Lilly borrowed a lot of money to purchase a new car. A few months later the car was repossessed and Lilly was left with no car and a big loan.

The rule of 78 2019

Commercial lending allows a lender to calculate interest using the rule of 78. The Rule of 78 means the borrower must pay a greater portion of the interest rate in the earlier part of the loan cycle, which means the borrower will pay more than they would with a regular loan.

But that’s so unfair! 2019

What happens if you buy a repayment waiver, but you are so badly injured that you are unable to claim against it within the one month required by the contract and your lender declines your claim?

Unable to log in 2019

Tama has been unable to view his payday loan online and does not know whether he has paid it off or not.

Timeshare woes 2018

Omar went on holiday and while there, bought into a vacation credit scheme. When he came home, Omar realised he could not afford it and cancelled his direct debits. A few years later Omar discovered that he had a very large default listed against his name.