Do Credit Repair Businesses Offer To Provide Legal Services?

OPINION:  They Say No, But The Facts Speak For Themselves…

See  Specific Examples Below  – taken from various Credit Repairer websites
(See HERE for Fines & Penalties in other cases)

Chelsea Planning and Consulting Pty Ltd,
t/as Credit Fix Solutions

http://creditfixsolutions.com.au/

Is Legal expertise or Credit Repair expertise claimed?

“Talk to an expert”

“Our Director, Victoria Coster, has over 10 years experience in the credit, finance and legal industries.  She has the ability to quickly remove unfair defaults and court actions, with a success…”

“Our promise is to deliver complete & thorough investigations into default & court action removals.”

“As Australia’s leading credit repair company, we have over 10 years experience in the credit industry and we can quickly remove unfair defaults and court actions, with a success rate of over 95%.”

“We have helped over a 1000 Australians fix their credit and understand their credit scores and credit histories.”

“You can be confident that with our experience, knowledge and business awards under our belt that you are in safe hands.”

“Is spending money on credit repair going to be beneficial to you?

Contact us today to see if credit repair is a benefit to you.  Regardless of cost, as long as it’s a benefit then it is a service that you may want or need.”

“Our fees are reasonable, and definitely competitive in comparison with other major credit repair companies and our customer service levels are the best in the industry.”

“The fact is, that credit repair companies are needed, to advocate for people who do not have the knowledge or expertise in credit repair.”

“However, in many cases, people have complex disputes or issues with a credit provider, that need the attention of a credit repair specialist.

Fix my credit for free type service is therefore available, but not necessarily the best option, depending on what you need.”

“Our team update you regularly and you get a dedicated credit repair expert so you know you are with the best credit repair agency when you apply to fix your credit.”

Do they apply expertise and skill to a particular matter?

“Do you have unpaid debts that you need help with?  We don’t just remove unfair defaults and court actions that are paid.  At Credit Fix Solutions, our team can also negotiate any unpaid debts, often reducing the amount you pay by 70% or more. Where a default has been listed unfairly, and you need urgent credit repair, we can have the default removed…”

“Speak to one of our Consultants OR email us a copy of the report with your contact details and we will call you.

We will assess you within 5 minutes and let you know if we can help you.

Complete our application form and we are ready to start work.”

“Our expert advisors can provide you with professional credit repair services through the use of tools to identify the typical credit errors, build your credit, minimise your debt, and negotiate with collection agencies.”

“We negotiate with credit providers on your behalf to get a default or court action completely removed from your credit report.  This will improve your credit score, and can enable you to be approved for the loan that you have been declined for previously.”

“We are happy to negotiate any unpaid debts, often reducing the amount you pay by 70% or more.  This can save you thousands in debt, and can also help you with the phone calls from collections.  We will act as your advocate, meaning that all communications will come to our office on your behalf, leaving you free to get on with your life whilst we deal with the negotiations.

Where a default has been listed unfairly, we can even have the default removed before the debt is paid, and a small payment plan put into place where a lump sum payment is not financially possible.

“Where a default has been listed unfairly, we can even have the default removed before the debt is paid, and a small payment plan put into place where a lump sum payment is not financially possible.”

“The investigations they run are full and complete investigations…”

“In brief, investigating an inaccurate default listing takes time, knowledge and more time.  It can take up to 4 weeks just to get information from a credit provider about an account.”

“Defaults

We run a high level investigation with the credit provider. We request documents from them containing notes and other information on the account leading up to the default listing. As a default can only be removed when it is listed in error, we then go through the documents we receive with a fine tooth comb trying to find any errors with the listing. If we find an error (e.g. failure to offer financial assistance when needed) in the default listing we have the credit provider ask the CRB to remove the listing.  Find out more about your credit report or get a copy first and then we can discuss the contents and see if you need help clearing any bad marks.

Court Actions

We negotiate with the plaintiff and draft the necessary court documents for the plaintiff to sign. We then action this removal with VEDA and Dun & Bradstreet and confirm this with the client.  Send an email to a credit repair specialist to find out more.

Timeframe

In most cases up to 4 to 6 weeks. By law, credit providers have 30 days to respond to any request for information. In some cases we are able to have defaults removed in a matter of days depending on the urgency of the situation and how responsive the credit providers are.”

“We have successfully removed unpaid defaults of over $25,000. Often we can have clients enter a payment arrangement or even negotiate a reduced settlement.”

 “Contact us today to see if credit repair is worth it to you!”

“After a lengthy and difficult 12 week investigation, our team managed to remove both the commercial defaults.

Whatever your credit ailment, Credit Fix Solutions has the remedy for you.”

“All we need is a copy of your credit report and 5 minutes of your time and we can let you know if we can help you fix your credit report.”

“I can guarantee that within 5 minutes we can assess your credit report and let you know if we can help you fix it.”

“Our promise is to deliver complete & thorough investigations into default & court action removals.

We offer free consultations on your credit report and offer 100% no win no fee credit repair.

At Credit Fix Solutions, we do not charge anything until we show you that we have removed a default or court action that we’re working on and our fees are fixed and stated upfront.”

Does the sort of work being performed fall within the examples of other legal work?

  • Investigate your particular circumstances and determine if credit repair is right for you- (that is, they will advise on whether the legislation has been complied with in your particular circumstances)
  • negotiate with credit providers on your behalf
  • Court action removals
  • Negotiate with plaintiffs
  • Draft necessary Court documents

Malouf Group Enterprises:

Credit Clean Australia

http://www.creditcleanaustralia.com.au/

Legal expertise claimed?

Specialists in Bad Credit Repair Solutions Australia Wide

FAQ

If I deliberately did the wrong thing when I was younger and didn’t pay my account can a default still be lifted.

Yes. However only if the company has not followed legislation when listing the default or if it was disputable.

Can you guarantee you can remove my credit defaults?

No. Only if they have been not listed correctly or are disputable.

Is credit repair legal?

Yes. You as the consumer have the right to challenge any listing that is on your credit file that is disputable or has not been listed correctly.

Do you charge an administration fee?

No. Beware, some companies will charge you high fees just to look at your application and then a set fee per listing. We only charge one fee.

Does being approved for your services guarantee success?

No. However if unsuccessful through the credit reporting bodies we will then apply to the relevant ombudsman or courts if necessary at no extra charge.

“Our experts are ready to help you”

“Credit Clean Australia has been operating and assisting Australians with repair solutions for over a decade.

The CEO being a financial broker himself in the past, heavily involved in the credit impaired market has an understanding for the importance of having a clean credit file and the effects it can have on families and individuals, that’s why he has developed a large handpicked team at Credit Clean Australia to assist and cater for all your credit repair solutions.

The team at Credit Clean Australia understands that when it comes to repairing your credit file, time is important that is why we treat every case as urgent because the longer you wait, the bigger the problem can arise and the fewer options you may have available.”

“Why Good Credit is so Important?

On the right are some examples of the dramatic difference between good credit and bad. Now in Australia If you have dismissed, ignored or not paid your overdue account, companies still have to follow current legislation prior to defaulting your credit file. If this has not occurred, you may have a case for them to be permanently deleted through various avenues. At Credit Clean Australia we specialise in providing the knowledge and power of how to remove unfair, disputable and contestable negative listings from your credit file.”

Do they apply expertise and skill to a particular matter?

  1. phone call  – at your free consultation we will explain our services, how it works and how we could help you
  2. application  – if you are happy with our services offered you will complete a five-minute online application with the assistance of your consultant
  3. free investigation we investigate how these companies may have damaged your credit file based on information you have provided by running through our questionnaire
  4. acceptance  – based on our investigation process done through the questionnaire you must meet our minimum criteria which will result in being approved or declined for our services
  5. document submission  – documents are submitted to companies, credit reporting bodies, ombudsman’s or courts to apply for a positive outcome

 

Does the sort of work being performed fall within the examples of other legal work?

  • Investigation of credit listing to determine if it is able to be removed
  • documents are submitted to companies, credit reporting bodies, ombudsman’s or courts

Credit Fix Australia

http://creditfixaustralia.com.au/

Legal expertise claimed?

“the leaders in credit repair solutions”

Our Services Include-

  1.  Remove credit defaults
  2.  Remove clearouts
  3.  Remove court judgements

If you have dismissed, ignored or not paid your overdue account, companies still have to follow current legislation prior to defaulting your credit file. If this has not occurred, you may have a case for them to be permanently deleted through various avenues. At credit fix Australia we specialise in providing the knowledge and power of how to remove unfair, disputable and contestable negative listings from your credit file.

If I pay my credit default or court judgement, will that remove it off my credit file?

No. By paying these listings only marks them as paid, they will still stay on your file for the same period of time as if they were not paid. In some cases the person that listed them does not even go to the effort and inform the credit reporting agency to mark as paid either.

Do I need to pay my credit default to have it removed?

No. If the company has not followed legislation when listing the default then it may be grounds to remove it without paying it. If you owe the company money you are still liable for the amount outstanding however the negative listing may be removed.

I deliberately didn’t pay my account which resulted in a credit default, does that mean I have no chance of having it removed?

No. Even if you have done the wrong thing and not paid your account, companies still have to follow privacy laws prior to listing you. If they have not then the default may be able to be removed.

How long do these bad marks stay on my file?

Court Writs & Summons- 4 years. Payment Defaults, Court Judgments & Credit Enquiries – 5 years. Bankruptcy & Part 9 Debt/10 Agreements 5 years. Clearouts – 7 years. External Administration & Previous Directorships – 10 years

How long does it take to remove credit defaults?

Veda allows up to 30 days to investigate and update your credit file.

Do you guarantee that my credit defaults can be removed?

No. Not everyone can have them remove[d], only if the company has not followed legislation or if the listing is disputable.

Is credit repair legal?

Yes. You are within your legal rights to challenge a listing that has not be listed correctly

Do they apply expertise and skill to a particular matter?

“Credit fix Australia operates nationwide and prides itself on putting our clients first! Our friendly and experienced team understand the value of having a clean credit history and the severe affect [sic] it can have on individuals and families.”

“Our mission is to provide the knowledge and power to remove disputable and contestable listing and provide fast and efficient service at a competitive price”

We believe that assisting you with your credit history enables you to gain control and give you the options and power to get back in the driver’s seat were [sic] you belong. At Credit Fix Australia We treat every case as urgent as the longer you wait the bigger the problem may become and the less options you as the client many [sic] have. So why wait? A consultant is waiting to assist and work with you towards a positive outcome now”

I only have a small telephone account which is on my credit file from years ago for $150 dollars, should I bother applying for your service as it’s only small?

Yes. Even a small phone, electricity or any type of utility bill can have a dramatic effect on the interest charged on your loans and the outcome of your finance applications.”

 

Does the sort of work being performed fall within the examples of other legal work?

The website does not specify the work that will be undertaken but

  • Remove credit defaults
  • Remove clearouts
  • Remove court judgements

All seem to fall within legal work categories

Clean Your Credit

http://www.cleanyourcredit.com.au/

Legal expertise claimed?

“Welcome to Clean your Credit, helping thousands of Australians with bad credit”

“Delete defaults, judgments and clearouts?”

Apply expertise and skill to a particular matter?

  • Free appraisal to see if we may be able to help
  • Personal case manager to assist you with the process
  • Ongoing action plan
  • Best rates and fast service

“At Clean Your Credit we specialise in providing the knowledge and power to helping you get contested or disputed negative listings removed from your credit report for good. Many people don’t realise how often credit reports contain errors – your poor credit score may not even be your fault. Studies show that up to 30% of credit files have incorrect listings. With millions of files to maintain and thousands of transactions each day, it is all too easy for credit reporting agencies to make mistakes. Often, human error is the culprit.

This is a serious problem because bad credit can keep you from obtaining the things you need, from phone and internet service to credit cards and loans to auto or home financing. When creditors find derogatory items of  [sic] your credit report, you will be declined, regardless of your income, how long you’ve had your job, or how stable your residency has been. Poor credit will cause you to be instantly declined in most cases.

The good news is that Clean Your Credit can help you solve your credit problems. We are experts in the privacy and other laws that govern credit listing procedures. If a company has not followed legal processes perfectly, their report may not be valid, meaning that you have grounds to have the listing permanently removed from your credit history. We can help you identify mistakes, remove inappropriate listings, and regain control of your finances.

At Clean Your Credit, we know how important it is to get your credit problems sorted out quickly, and we strive to get you the results you deserve fast. Contact one of our credit repair consultants today to fix your credit once and for all.”

 

Does the sort of work being performed fall within the examples of other legal work?

The website does not specify the work that will be undertaken but

  • Remove credit defaults
  • Remove clearouts
  • Remove court judgements

All seem to fall within legal work categories

Credit Wash

http://www.creditwash.com.au/

Legal expertise claimed?

“Specialists in Bad Credit Repair Solutions Australia wide”

Our Services Include:

  • Remove credit defaults
  • Remove clearouts
  • Remove court judgements
  • Credit repair solutions

Voted Australia’s No1 Credit Repairs Solutions Company!

Do they apply expertise and skill to a particular matter?

“Welcome to Credit Wash Australia, home of the leaders in bad credit repair solutions. Bad credit in Australia is an ever growing problem. The effects of it are dramatic and it has the power to leave you financially crippled. Having clean credit is not a maybe, it is a must.

Credit Wash Australia specialise in providing the knowledge of how to remove disputable, contestable negative listings from your credit file and for good. In Australia more than 5 million Australians have been blacklisted by no fault of their own and a survey by Choice several years ago stated up to 30% of credit files have errors. One of Australia’s largest Credit reporting agency Senior Managers says with 14.5 million credit files on their books, and 16,000 transactions a day, mistakes can happen and quite often it’s human error.
(Statistics stated by Channel 7).

Now the major problem is once put into the category of having bad credit, when applying for any form of credit, e.g. phone, internet, credit card, business loans, car finance etc the first thing a creditor does is a credit check. Once discovered you have bad credit you are out cased [sic] by mainstream banks and unfortunately judged and frowned upon. Your income, job or residential stability and assets is [sic] not taken into consideration and usually will be instantly declined! Good news is we may be able to help. Prior to companies listing a default they are governed by privacy laws and legislation. If these procedures have not been followed to the tee it may be grounds to permanently delete them from your credit history, giving you back the financial control you deserve.

Our team at Credit Wash Australia prides itself on assisting you as soon as possible and getting your desired results fast. Contact one of our many credit repair consultants today, our friendly staff are waiting for your call.”

The same FAQ as the other MGE pages.

Does the sort of work being performed fall within the examples of other legal work?

The website does not specify the work that will be undertaken but

  • Remove credit defaults
  • Remove clearouts
  • Remove court judgements

All seem to fall within legal work categories

For a deeper understanding of what Malouf himself claims his companies do, we’ll take a quick look at a recent case (Veda Advantage Limited v Malouf Group Enterprises Pty Limited [2016] FCA 255) where Veda Advantage sued Malouf Group Enterprises for trademark infringement.

Summary of Malouf Group from Veda Advantage Limited v Malouf Group Enterprises Pty Limited [2016] FCA 255

  1. The Malouf business
  • Mr Malouf incorporated his business on 20 July 2005.  For the first five years of incorporation the business operated as a finance brokerage and he worked as a finance broker.  In that capacity he mainly arranged loans, both personal and business.  In the course of that work he came across many people with poor credit ratings for whom he would set up “bad credit loans”, which would carry high interest rates, and he became familiar with the credit repair process.  In 2010 or thereabouts he established a credit repair business of his own under the name “Malouf Group Enterprises” to capitalise on what he perceived as “a demand and an opportunity in the market” for such a business.
  1. The Malouf credit repair business grew.  Mr Malouf created other, related credit repair businesses with different business names “to maximise [his] exposure”.  He now operates five such businesses.  Relevantly they include Credit Clean Australia, Clean Your Credit, and Credit Fix Australia.
  2. Malouf is not a credit reporting body. Its target market is people with poor credit ratings and consequently adverse credit reports. It helps its customers to remove disputable or contested negative listings from credit reports compiled and maintained by credit reporting bodies such as those operated through the Veda companies. To that end it obtains credit reports (sometimes called “files”) on behalf of customers as an authorised “access seeker” under the Privacy Act. In the vast majority of cases Malouf obtains credit reports from Veda because, as Mr Malouf saw it and the evidence indicates, Veda was and is the dominant credit reporting company in Australia with (as Veda itself boasts on its website) the largest, most comprehensive and up-to-date credit data in the country.
  • Malouf competes with other credit repair businesses, including Credit Repair Australia, Clear Credit, Fix Bad Debt, and Credit Boost.
  1. Malouf’s businesses are operated as telemarketing platforms, where salespersons receive telephone calls from prospective customers, sourced from either television or internet advertising, and then discuss their services with the callers.  The prospective customer either telephones the particular Malouf business using the contact number from the website or advertisement belonging to that business or enters his or her details on the website and requests a return call.  Since November 2014, if a prospective customer (or an existing customer) telephones one of Malouf’s businesses he or she would hear two pre-recorded messages.  The first states, among other things, the name of the relevant business (such as Credit Clean Australia) and notes that the business is a “specialist in bad credit repair solutions”.  The second advises that the business provides “the pathway for you to remove unfair, disputable or contestable negative listings from your credit file”.
  2. After listening to the recording, the prospective customer is connected to a salesperson who supplies information about the services provided by the business and asks the customer questions contained in an application form.  The salesperson then advises the prospective customer that the application will be assessed and that he or she will receive a call back later.
  3. The salesperson has a script, is required to strictly adhere to the script, and is directed not to be distracted from it by anything the customer may ask.  The following words appear in bold typeface:

Please note no matter what the client says eg. Can I get a hair cut? are you veda? do you do loans? follow below word for word !!!!!!!!!

  • When the call back is made the prospective customer is asked some 22 questions to obtain information about his or her credit position.  If the customer is accepted as a suitable recipient of the credit repair services, the customer is asked to pay a one-off fee of $1,095 (including GST).
  1. With the authority of the customer, and in the capacity of an “access seeker” under the Privacy Act, Malouf orders the customer’s Veda credit report from Veda. Malouf obtains the Veda credit report by placing individual orders for each customer through Veda’s website for express, one day turnaround. It pays a fee of $69.95 for each Veda credit report.
  • Malouf (on behalf of its customers) spends approximately $300,000.00 per year in total obtaining Veda credit reports in supplying these services.
  1. Once Malouf receives the Veda credit report, Malouf then submits to Veda on behalf of the customer a request in writing to remove the negative listing on the customer’s credit report pursuant to the Privacy Act. The requests include the reason or reasons for removal.
  2. Malouf then sends to the customer an information pack containing various documents, including the Veda credit report, general information on how to remove disputable or contested negative listings from credit reports, general information about how to deal with collection agencies, general information on how to “maintain a clean credit report”, (where relevant) court forms for setting aside default judgments, and Financial Ombudsman Service complaint forms.
  3. Two days after lodging the submission with Veda a Malouf case manager telephones the customer to advise that a request to remove the negative listing has been submitted to Veda and that all correspondence from Veda to the customer in respect of the submission needs to be forwarded to Malouf.
  4. When Veda receives the request, it raises it with the credit provider responsible for the negative listing (that is, the bank or other financial institution which provided credit to the individual or corporation and listed the default).  If the credit provider’s response indicates that the complaint is valid, Veda removes the negative listing pursuant to its obligations as a credit reporting agency.  If the negative listing is not removed, a Malouf case manager will then send by email to the customer a questionnaire to complete and return to Malouf.
  5. On behalf of the customer Malouf then builds a case file for removal of the negative listing, that is to say a summary of the grounds for removal of the negative listing based on information provided to it by both Veda and the customer.  Malouf then provides the case file to the customer and asks him or her to contact the credit provider responsible for the negative listing.
  6. The credit provider then reviews the information provided by the customer from the case file and, if satisfied that the negative listing should be removed, asks Veda to remove it from the Veda credit report.  If the credit provider does not authorise the removal of the negative listing, Malouf submits a request to the Financial Ombudsman Service to investigate the matter further.
  7. While Veda corrects errors on the face of its credit reports, Malouf does not.  As Mr Malouf explained it in his affidavit of 14 July 2015:

[Malouf] assists customers remove disputable and contestable negative listings from their credit history when a Credit Provider has not followed privacy laws and/or credit reporting codes of conduct prior to listing the negative listing on the Veda Credit Report, including sections 6Q21(d) and 21D(3) of the Privacy Act and paragraph 9.3 of the [CR] Code.

  1. Malouf uses the Google AdWords program to advertise, promote and direct consumers to its websites.

Based on information from the Veda case, Malouf Group Enterprises claim to provide a personalised service to each customer, in the form of a “personal file” containing information about their circumstances, as a result of their investigations.

Assuming this “personal file” is based on an assessment of the client’s circumstances and the applicable law, it would be providing legal advice.


Click HERE to go to:
(Do Credit Repair Businesses Offer To Provide Legal Services?)

Click HERE to learn more.
(Why Credit Repair work is, by its nature, legal work (and thereby reserved for lawyers))

Click HERE to learn more.
(‘I Am Not A Lawyer And [I] Do Not Give Legal Advice’ said the ad – OH YES YOU DO, said the Court)

Click HERE to learn more.
(Unqualified Legal Work Finished – Now To Just Refund All The Fees Charged And Pay All The Fines Imposed By The Court)

Click HERE to learn more.
(What Sort Of Work Constitutes “Legal Work”?)

Click HERE to learn more.
(What Constitutes “Legal Work”? (EXPANDED CASE NOTES))

About The Authors:

Graham Doessel CEO of Legal Practice Holdings & MyCRA Lawyers in conjunction with Patrick Earl, Senior Solicitor of Armstrong Doessel Stevenson Lawyers, a division of Legal Practice Holdings

2017-09-05T05:24:11+00:00

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