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 honour or not to honour? 2013

Can a credit card company honour payments once a card is cancelled?

A Conflict of Interest 2013

Michael took out a car After Michael defaulted on payments, the lender obtained an attachment order on Michaels’ wages. When Michael finished his payments under the attachment order the lender filed a new claim for outstanding default interest. Michael believed he has repaid the debt. Could the lender claim further interest?

Threatened repossession without legal right 2012

Finance company wrongfully threatened to repossess property causing inconvenience, hardship and distress

A negotiated settlement of an historic debt 2014

Jeanette and her partner borrowed money to buy a car. The car was stolen and they did not repay the loan. An attachment order was placed on Jeanette’s benefit, but it was not enough to repay the loan. Jeanette couldn’t afford to increase her payments and the finance company repossessed her car without warning.

The benefits of negotiating a workable and enduring repayment arrangement 2014

Payments towards an old loan have been irregular. You have a low income and your finance company wants to have your home sold. How can FSCL assist in helping you and the finance company negotiate a suitable repayment arrangement?

A longstanding debt causes trouble 2013

Judith has an old loan to a finance company. She is worried the finance company will repossess her current vehicle and force her to sell a property she owns. She also does not agree with the balance of her debt. FSCL investigates.

Lay-by bye to the cancellation fee 2013

You don’t agree with the level of the cancellation fee you incurred when you cancelled your lay-by agreement. Can FSCL help?

Like it or lump it – the benefits of an early lump sum payment 2014

“A $750 loan taken out in 1999 turns into an application by the creditor for payment of $11,000 ...”

An old debt does not disappear 2013

Your old debt has been purchased by another finance company and you’ve signed a new loan contract. Can the new finance company repossess your goods?

FSCL cannot overturn a Court judgment 2014

How a short investigation seeking further information from a participant can assist FSCL in helping to resolve a complaint early.