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
Contractual default interest may not merge with judgment 2013

You’ve paid an amount under an attachment order in full and the finance company says you still have a balance to pay, being default interest and fees which have accrued. Can the finance company do this?

A tale of two contracts 2013

Loan company and complainant agreed to a new contract restructuring the complainant’s debt. Complainant understood the new contract reduced the balance in exchange for increased payments. Loan company was threatening repossession of complainant’s property, including valueless items, without following the correct process. The contract significantly changed the nature of the contract between the loan company and complainant. Deceptive conduct found and complaint settled.

A long time waiting 2014

William purchases a television from a door to door salesperson, expecting to receive it in February. By March he has not received it and cancels the contract and is told he will be charged a cancellation fee. Can the cancellation fee be charged?

Brokers may charge a fee if finance or insurance is cancelled 2014

A mortgage and insurance broker did not give her customer adequate information about the potential for her to charge a fee when the customer cancelled the mortgage finance and insurance after a short period of time

An Untimely Restructure 2013

Cancellation of travel – What are your obligations to re-arrange your travel before you cancel your trip?

Cancelling your contract to purchase goods from a door to door salesperson is harder than you may think 2013

Are you entitled to cancel a contract to purchase goods from a door to door salesperson when the goods are not delivered in time? Can you be charged a cancellation fee?

A broker’s responsibility for unnecessary insurance cover 2013

The complainant wanted health insurance for his three daughters. He was told by his broker that he also needed to be insured for his daughters to be insured. Three years later, when the complainant cancelled his policy, he was told that he never needed to be insured for his daughters to be insured. The complainant sought compensation from his broker for the unnecessary premiums paid.

When an instruction to your broker falls between the cracks 2014

Can a broker be liable for an instruction that the client sends but the broker does not receive?

Double claim for refund of cancelled tour and expenses 2014

Donald and Sarah sought refund of both a cancelled tour and additional travel costs incurred. The insurer agreed to one claim but not the other. What were Donald and Sarah entitled to claim?

Accumulated loan arrears 2014

Failure to make any loan repayments over a number of years caused the loan balance to increase tenfold.