Bank forges loan application & repossesses a couples home.
Major Bank, CBA, repossesses a couples home, however later realises the husband's signature was forged and salary inflated on CBA application. One must wonder how CBA got so far in making a successful claim through the courts without presenting essential documents such as the contract and the application.
The answer: Our legal system is flawed. Due to Mr Baker not being present at the hearing the court automatically gave judgment without assessing documents. How is this an administration of justice if the courts gives judgment without reviewing documents on the basis that one party is not present? You dont have to know the law to know something is not quite right with this concept, however to lawyers alike in the legal industry this is a norm in procedure.
Having a case for more than year, in relation to one of the major 4 banks in Australia, dealing with an ASX listed multi-million dollar debt collection company and the ombudsman of which such compay is a member, it is disheartening to be exposed to how these organisations are making claims against many individual consumers without essential documents such as the contract.
The majority of the public are unaware of their rights and the few who know are often ill-equipped to enforce such rights, having no/ little legal knowledge/skills, hiring lawyers for a court court case against companys with a plethora of resources can be a massive financial burden on an individual who is already in financial strife. Often most are either intimidated or persuaded to settle whilst others face judgement/bankruptcy.
In this case, the court made a judgment order and with the couples inability to repay had their home repossessed. And this was done unbeknownst to them at the time, of the unlawful act by the bank in their loan application. How many others have been victims? How many homes have been repossessed/lives, familes broken due to banks/creditors acting unlawfully, breaching consumer credit laws by approving credit/loans to those that cannot service such loans causing unnecessary suffering (often years), distress (emotional/psychological - some commit suicide) and increasing indebtedness in our community.
There is a need to CALL FOR CHANGE in the credit lending and debt collection industry to protect consumers.
Majority, if not all of Australian Adults are credit consumers and it is vital to educate oneself and be aware of consumer rights:
- NCCPA: National Credit Consumer Protection Act 2010. - UCCC: Uniform Credit Consumer Code (prior to enactment of NCCPA). - ACL: Australian consumer Laws - ASIC Act - ASIC/ACCC debt collectiin guidelines - Financial Rights Legal Centre 1800 007 007 FREE - If you deal with the ombudsman office, make sure they can justify their findings with supporting documents such as contracts, application, financial assessments etc.
If you have a credit card/loan and you don't have copies of any documents whilst your account is open and making repayments without being aware of fees and charges etc... ASK FOR THE CONTRACT, TERMS AND CONDITIONS AND MAKE ENQUIRIES on any fees/charges/insurances you are not aware of. By law the bank/creditor must provide you with copies of documents. Put the request in writing.
It comes to much surprise that when we asked a bank for a copy of a credit card contract and was met with a confused reply that perhaps terms and conditions is what we are after, this only reveals how unusual such request is to the bank, when it should be a commonly asked question.
KNOW YOUR RIGHTS. AS CONSUMERS YOU HAVE RIGHTS AND PROTECTED BY LAW.
If you have parasites such as a debt collection company chasing you, ask for documents, refer to legislation and seek legal help.
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