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
Lender doesn’t conduct full affordability enquiries 2019

A lender relied on information provided by a finance broker, and did not seek bank statements from a borrower, before granting a loan. It then transpired the loan was unaffordable.

Toothache ruins trip 2020

What happens if a minor toothache needs serious attention while you are overseas? Will your travel insurer cover you?

The importance of plain language 2020

What happens if your lender keeps an authority you gave them to access your bank account records when you applied for the loan, and asks your bank for information about you as part of a hardship application.

A small problem leads to a big complaint 2020

One missed loan payment resulted in threatened repossession causing considerable stress and inconvenience

Car at risk 2019

What happens if you sell a car that is security for the loan? Can the lender repossess the car without warning?

African tour was not a go! 2019

Hans planned a trip to Chad, Africa through a travel company. To apply for a visa, he required an invitation. When he sent his application to the Chad Embassy in Germany, his passports were lost, and he cancelled his travel. Was the insurance company correct to decline his claim for the cancelled trip?

Responsible lending and repossession woes 2018

Deena arranged a loan for a new car. Information in Deena’s loan application, which was filled in by a dealer, was inconsistent but the lender relied on the information regardless. Deena entered unexpected hardship and could not afford to pay the loan. The lender tried to repossess the car, but Deena would not surrender the car. Was the repossession lawful and should the lender have lent money?

“I won’t pay!” 2019

Hayley alleged her lender had made errors in its documentation. Hayley decided not to pay her loan for a year, and wanted the lender to write off her arrears.

Disappearing bags 2019

While hurrying to leave for the airport, David left his two suitcases containing sentimental items by the gate while doing a final check of the house to do a final check and get his passports. On return his bags were gone. His travel insurer declined his claim, was this correct?

Drain disaster 2018

Company A knew that it had to take steps to prevent concrete getting into holes in underground pipes. The question is whether it took ‘all reasonable precautions’, as required by its insurance policy?