If you overstate your business’s abilities or claim plaudits that you cannot justify the ASIC will happily take you to task and put you to expense.

In November 2016 Clear Credit said it was “voted Australia’s most trusted credit restoration service”.  ASIC was unable to find (or be provided) evidence of that vote having occurred.

In March 2017 Clear Credit asserted in its scripts that from simply reviewing a consumer’s credit report it could decide whether or not it could remove negative listings.

Presumably the assertions were overly confident because it is generally only after reviewing the actual credit file and the records leading up to the recording of the default that errors can be identified to enable the default to be removed.

Sometimes it can be clear that a default can be removed, for instance, if it is statute barred but some further investigation is required for most matters.

Because every matter is different and turns on its own facts categorical guarantees of success are impossible.

The ASIC found the comments by Clear Credit to be misleading and deceptive and issued to infringement notices which resulted in Clear Credit paying $21,600 in penalties.

Patrick Earl
Senior Solicitor

 

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