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If you have been turned down for a loan due to a credit file notation and this notation is inaccurate, you can have it fixed. Creditors are required to correct incorrect information, and the Privacy Act 1988 states that you have the right to have your credit history rectified.

The first step in disputing a credit file notation is obtaining your credit history. You are entitled to a free credit check once every three months.   You can get your free credit history from either Equifax or Illion.

Equifax

Illion

What information is on your credit history?

Your credit history contains certain information that creditors use to evaluate your worthiness for credit. There can be errors in each of these.

Credit Enquiries

Each time you apply for credit, this goes on your credit history. Creditors do not like frequent applications as it looks like you're desperate for money. If you didn't apply for the loan or you just made a general enquiry and not an application, you could ask the lender to remove this.

Defaults

For debts over $150, if you have received a default notice and have not paid it (typically, this is 90 days), these can be listed on your credit history.

If you had applied for hardship, hadn't received the notice, or had made the payments, or if you don't owe the debt, you can object to the default on your credit history.

Court Judgements, Bankruptcy and Debt Agreements

These are unlikely to be removed. To have a judgement on your credit history, the creditor had to take the debt to court and have a judge rule on it. The appearance of Debt Agreements and Bankruptcy on your credit history is dictated by law. 

How to dispute the notation

You need to complain to the original creditor outlining your grounds for the information being removed. If they reject your request, they need to provide reasons why they have rejected your request.

If your request is rejected, you can take your application to an Ombudsman service. Examples of these services include the Australian Financial Complaints Authority, the Energy and Water Ombudsman service or the Telecommunications Industry Ombudsman.

Example letter:

Date :

Dear Sir/Madam,

Complaint about (insert account reference number)

I recently identified an error in my credit history.

My details are:

Name:

DOB:

Sex:

Drivers Licence Number:

Current Address:

I have identified the following error on my credit history: (insert details of error).

Pick the one that best fits:

  • I was not 60 days overdue at the time the default was listed. The notation is a breach of section 6Q of the Privacy Act 1988 (Cth) and section 9.3 of the Credit Reporting Privacy Code.
  • I didn't receive the default notices under 6Q and 21D of the Privacy Act 1988 (Cth). The listing is a breach of Clause 21D(3)(d) of the Privacy Act 1988. I have kept my address up to date.
  • When the notation was lodged, I was disputing the debt with (insert creditor name
Please remove this listing from my credit report immediately.

 

Yours Sincerely,

 

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