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  • Answered by:Alex
  • Solicitor - Admitted 2005
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Customer Question

I accompanied my son Leslie XXXX into the NAB bank in Dec 2008 & we requested a balance to close one of his 2 credit card accounts as he wanted to consolidate them. He was given the balance amount of $6299.02 which he duly paid. About 2 years later he started recieving calls from the ACM Group demanding money for his credit card. He was adamant that he owed nothing & had the receipt of $6299.02 to prove it. He thought it was a fraudulent company trying to extract money from him. He phoned NAB several times & went into see NAB who each time advised him his account was closed & the staff members he spoke to had never heard of ACM. They told him to get ACM to contact them but never once did any NAB staff member suggest he talk to their legal department about his closed account. I his mother Jennifer Horn eventually received authorization from Les to handle the matter & tried contacting NAB but due to the closed account they couldnt add me to the signatories. To see what ACM were claiming I requested the credit card statements from them from the time he closed the account. Several debit orders plus NAB interest & charges for late payment were charged for 3 months & that is what ACM were claiming. My question is once an account has been closed has the bank the right to allow these charges on a closed account. Is this not a liability between the company Flexirent with whom he signed the debit order & himself not the NAB bank & himself with them charging him interest & late fees. Due to a marriage break up he moved from his current address & worked in different locations so may not have received any correspondence. Thanking YouRalphde-cssm41092.3408899306

 

Optional Information:
State/Territory: Qld

Already Tried:
SEveral phonecalls & visits to NAB ongoing correspondence & phonecall between myself & the ACM group. Going around & around in circles. The original debt was only a few hundred dollars ACM were claiming $4226.78 & the original debt which was with Flexirent handed over the debt to Credit Corp & they were paid $5632.62 if the bank had not allowed the direct debits off a closed account Flexirent would have handed him over themselves to their collection agent which they did

Submitted: 321 days and 19 hours ago.
Category: Australia Law
Value: AU$83
Status: CLOSED
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Expert:  Alex replied321 days and 18 hours ago.

If I am understanding you correctly, your son closed one of his NAB credit card accounts but Flexirent were still able to debit this account even after he closed it?

If that is the case than the NAB are at fault here and your son should make a complaint to the Financial Services Ombudsman. Simply have him call the Ombudsman's office on (03) 9613 7366 and get him to tell the person who answers that he wants to "Lodge a Dispute". Be sure to use those words, or they may send you to the incorrect department.

The dispute department will ask you to fax or email or post to them a letter detailing what happened, what action you took to resolve this problem with your bank, and lastly, why you feel aggrieved. If you don't want to write this all down, you can explain it to the person on the phone who can take down all the relevant details, but that of course, could take a while to explain it all. Once the Ombudsman has the written complaint, they will investigate. The Ombudsman aims to resolve every dispute within forty five (45) days.

I have used their service myself on occasion, with amazing results. If the Ombudsman agrees with your son, they have the power to make the bank fix the problem and pay this amount off. So that would be the best course of action for you to take here.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.

Customer replied321 days and 10 hours ago.

Hi Alex

I have tried viewing your answer which I have been unable to access until I agree to the disclaimer - I want a legal answer not just a general answer as per your quote from your disclaimer statement which I am not happy to accept :- I can get general answers from the Financial Ombudsman so can you please unsubscribe me from your services with immediate effect & I will only pay the $1 charge as I am not happy to sign for an answer without first seeing the answer. I do not wish to subscribe to your services. See quote below : -
Answers are for general informational purposes only. Information provided in response to your question is not legal advice. Experts in the Legal Category will not perform the services that your own personal lawyer would provide, such as helping you to understand how applicable legal principles might apply to your particular situation or proposing a specific course of action.

 
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