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
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.

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?