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Debt Collection Enforcement Action And The Ombudsman

Monday, July 04, 2016 - Posted by Philip Harvey

The February 2016 release of CIO News had an interesting case study published.

It was noted in the article that the service of legal documents are deemed to be enforcement of a debt. This is particularly relevant if a complaint has been lodged with the Ombudsman and a legal document, such as a Statement of Claim, are with an agent for service.

In the case study the following timeline was utilised:

  • 28 January 2015 - Statement of Claim Filed
  • 25 March 2015 - Complaint Lodged with CIO
  • 9 July 2015 - Payment Arrangement Made
  • 31 August 2015 - Second Payment Arrangement Made
  • 7 September 2015 - Second Complaint Lodged with CIO
  • 24 September 2015 - Statement of Claim Served

The Financial Services Providers ("FSP") Commercial Agent who was instructed to serve the Claim waited until 24 September 2015 to serve the claim knowing the customer would be at Court in an unrelated matter.

It is unclear whether the FSP instructed the Commercial Agent to hold service pending the outcome of the CIO Dispute which was a necessary step the FSP needed to perform.

The outcome of this for the FSP was an agreement to allow the customer 28 days from the date of the CIO review to file a Defence.

Source: FSP News

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