Pre-approval was fine. Then the lender pulled a full credit report and found a $287 Telstra default from 2023, or an Origin default from a share house you left, or an Afterpay balance you thought was closed. The loan officer says “get it removed and come back”. Settlement is in six weeks. The telco’s call centre says “it’s been sent to the bureau, we can’t do anything”.
They can, and in some cases they must. If you had moved and the notices the Privacy Act requires went to the old address, that is exactly the situation the correction rules exist for.
Your rights
Under Part IIIA of the Privacy Act 1988 (Cth) and the Privacy (Credit Reporting) Code:
- A default can only be listed if it was at least $150, at least 60 days overdue, and preceded by two written notices: a notice of the overdue amount, then at least 14 days later a notice of intention to disclose the default (s 6Q, s 21D, and the Code). Telcos and energy retailers are credit providers for this purpose and are bound by the same rules as banks.
- Notices must go to a current address the creditor has taken reasonable steps to obtain. If you told them you’d moved, or they had your email and mobile and used neither, that’s a live argument.
- You can dispute the underlying debt too. Final bills that include charges after disconnection, equipment you returned, or a plan you never agreed to are common with telcos; a default over a disputed amount the provider knew about is inaccurate information.
- Correction within 30 days. On request, the credit provider (s 21V) and the credit reporting body (s 20T) must correct inaccurate, out-of-date, incomplete or misleading information within 30 days, tell the other bureaus, and tell you in writing.
- Paid defaults must show as paid (a “payment information” update) within a reasonable time after payment. If you paid and it still shows outstanding, that’s a correction too.
These are Commonwealth rules and apply in every state and territory. There is no state variation, so no by-state section here.
What to do right now
- Get the report the lender saw. Ask the broker which bureau, then pull your free reports from Equifax, Experian and illion. Note the listing date, the amount, and which company listed it (often a debt buyer, not the telco itself).
- Request the notices from the provider in writing. Copies of the overdue notice and the notice of intention to list, the address and date of each, and the account history. Give them 7 days. Keep the email.
- Pin the address timeline. When you moved, when you told them (or when they had other contact details), and where the notices went. Old emails and moving-house records help.
- Send a formal correction request to the provider that listed it. Name the bureau that holds the listing, cite the specific failure, cite Part IIIA and the Code, demand removal within 30 days, and require written confirmation and notification to every bureau that holds it. A separate request to the bureau itself is a Credit Report Dispute.
- Tell the lender what you’ve done. Some lenders will hold an application or accept a letter from the provider confirming removal is in progress. Don’t wait to lodge with AFCA or the TIO if the provider stalls; either can be fast where the notice failure is obvious.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
Why telcos and energy retailers lose these disputes
A typical fact pattern: the customer moved, the final bill and default warning went to the old address, the account was sold to a debt buyer, and the default appeared months later. The provider’s file shows two automated letters to an address the customer had already left; sometimes it shows the customer’s new email address on the same record. Under the Code the provider must have taken reasonable steps to ensure its contact details were current; where the file shows they didn’t, the ombudsman directs removal. Debt buyers who list defaults on purchased accounts have the same obligations and frequently can’t produce the original notices at all. Put the provider to proof, in writing, with a deadline.
If the default is lawful: what still helps the loan
Sometimes the notices were sent properly, to the right address, and the default stands. You still have moves. Pay it and require the “paid” update; lenders treat a paid default very differently from an outstanding one, and some will proceed once the file shows it settled. Separately from any correction request, you can ask the provider whether it will agree to remove the listing on payment as a goodwill gesture; this is discretionary and the provider does not have to agree. Check the listing date and the five-year expiry; a default listed in early 2021 is already off or about to be. And if the provider took months to respond to a dispute you raised before listing, that delay itself can be a complaint to AFCA or the TIO, with an outcome that includes correction. Whatever happens, get the provider’s response in writing so the lender can see exactly what was fixed and when.
Who to complain to
AFCA for banks, lenders, BNPL providers, debt buyers and any AFCA member. Telecommunications Industry Ombudsman for telco-listed defaults (Telstra, Optus, Vodafone and resellers); the TIO can direct correction. Your state energy and water ombudsman (EWON, EWOV, EWOQ, Energy and Water Ombudsman Western Australia, EWOSA, Energy Ombudsman Tasmania, ACAT in the Australian Capital Territory, Ombudsman Northern Territory) for energy defaults. OAIC for a Privacy Act complaint against any credit provider or bureau after you’ve complained to them first.
Ask for your credit file to be corrected before settlement — $49
Claim Done drafts a Credit Default Removal Request to the provider that listed the default, naming the bureau that holds it. It sets out the address history and the notice failure, cites the Privacy Act and Credit Reporting Code preconditions, demands correction within 30 days, and names the ombudsman or AFCA complaint you’ll lodge on day 31.
Request Correction of This Default — $49 →
You review every word before it’s sent.
For the full process, see how to remove a default from your credit file.
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Credit Default Removal & Credit Report Correction Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Credit Default Removal & Credit Report Correction Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=credit-default-removal. Claim Done is not a law firm and does not give legal advice.
How much does a Credit Default Removal & Credit Report Correction Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Credit Default Removal & Credit Report Correction Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Credit Default Removal & Credit Report Correction Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Credit Default Removal & Credit Report Correction Demand template doesn't?
It drafts the Credit Default Removal & Credit Report Correction Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.