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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Vince,
, my son inlaw, went to purchase a vehicle with

Customer Question

Customer: Vince,
JA: Thanks. Can you give me any more details about your issue?
Customer: my son inlaw, went to purchase a vehicle with finance at a car dealship,when credit search performed by dealer was told he had been listed on Vida by Telstra so finance was refused.my son inlaw than rang Telstra in regards ***** ***** default and told Telstra that he never owed Telstra any money,telstra operate than told him he had purchased a mobile phone at one of the dealerships.my son inlaw denied the claim and asked for contract copies or any documendation they had were he as purchased the claim. the operator than asked him to attend the logal Telstra shop where he resides to verify his identity.He attended the local shop. he explained to the local Telstra dealer why he was there for.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Australia Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes , when local Telstra employee opened the file on the computer,the only thing that matched was his name .different drivers licence no,the attendant than wrote on the file that the person that he had just verified was not the same person on their, file.the .that night son inlaw rang Telstra,and was told that money was not owed by him .he than requested from Telstra to clear his name from Veda.he was told that another person from Telstra would ring him.the other person from Telstra did ring telling me she was from the fraud section of Telstra and would not clear the that until my son inlaw forward identity document ,driver licence,stat declaration,place of residence documents,medicare,bankstatemets copies etc.when my son inlaw told he had attended local Telstra shop for identity verification she was not interested,my son inlaw than requested for proof of debt documents verification, she told him she would supply,two weeks later son in law rang again re proof of debt documents and was told they are coming but we want all you documents first.she than told him if he did not send all requested documents to Telstra that the debt would still stand.that was well over six months ago,my son inlaw still has not being provided with proof od debt .what can we do to clear his credit rating ,Veda adviced only Telstra can clear ,Telstra will not supply proof of debt documendation . what can he do next,cannot get any finance to buy home,or any other items ?
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Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Did he get copies of anything from telstra?

Customer: replied 10 months ago.
NO ,MY DAUGHTER RECEIVED TEXT AND WE REPLIED BY TEXT AND PHONE REQUESTING PROOF OF DEBT
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 10 months ago.

Good Afternoon

I am asking if she has anything from the telstra store where the employee confirmed only the name was correct but the balance of the information is not correct.

If they can get that then they can seek that it eb cleared. If Telstra refuses to provide the information then they can take the matter to the TIO

This is the ombudsman

It is a free service and they will order telstra to withdraw the notation with VEDA

This is what they have to do.

I hope this makes sense?

Customer: replied 10 months ago.
No, the Telstra store attended verified documents and than noted on file that name was the only correct information and rest was wrong , the attended also spoke to Telstra head office whilst my son inlaw and my daughter were still there and told them that they had mistaken identity .
the same night my son in law rang Telstra and was told dead cleared no money to pay.its when my son in law requested in writing and for Veda to be cleared the next person was involved (fraud section of Telstra)and said that Telstra shop verification not good enough and all money still owed ,we asked for proof of debt she agreed to supply within two weeks still waiting.refer my earlier details
Expert:  Leon replied 10 months ago.

Because he has nothing in writing it is his word against Telstras.

He should complain to the Ombudsman about them.

They have on their system the details that do not match as such they shoudl remove it from VEDA until their investigation is finalised.

But their refusal should be taken further

Customer: replied 10 months ago.
Legal advise does Telstra have to supply my son in law with the documentation to verify proof of debt? And does my son in law have to sent all of his private information to Telstra by mail, without Telstra verifying proof of debt. when he already visited Telstra shop and willing to visit again?
surely Telstra by law must have to supply proof of debt .?and cannot refuse request.(yes or no)
Expert:  Leon replied 10 months ago.

They say the account is in his name

He has a right to ask for it. If they say it is not him they have no right to keep the VEDA notation on. They can refuse to give it to him on the basis of privacy because it is not him. All of this weakens their case for the registration.

He should not send them anything.

I would also suggest he dispute the debt with VEDA and advise in detail the discussion he has had with Telstra including dates and time.

Make sure he keeps copies of everything he sends.

They have the account that is all they need but if the DOB and address is different then they cannot keep it on his account

Customer: replied 10 months ago.
hi again shouldn't Telstra also have signed contract /document with My son In law signature on it ,to show him were he entered the contract with Telstra?
Expert:  Leon replied 10 months ago.

Good Afternoon

Yes they should have but when he provided information that did not match their database it becomes a privacy matter and they cannot disclose until they have checked.

It is not your son in law that signed the contract.

Customer: replied 10 months ago.
does that mean that they can ask my son in law for any documents they want sent to them? so if my son in law cannot obtain contracts and they refuse to supply them because of the privacy act. How can they refuse to clear is name if he does not sent his personal documents where is his privacy and credibility? in limbo. Telstra list him has a defaulter will not supply proof of debt documents and was verified at the local Telstra as not the contracted person. but now he as to prove himself innocent and supply Telstra with documents. or his name will not be cleared. surely this is not right. So if he does not supply personal papers if requested and they now know wrong identity . what can he do next ?it becomes a merry-go-round.to the start. Earlier correspondence it was stated not to supply any documents. Well they will not? he is willing to go to the local Telstra shop and verify him self,again and head office will not accept this offer when already done previously. so what does he do to clear his name, take legal action? he is no wiser on what is rights are today than he was yesterday.
Expert:  Leon replied 10 months ago.

Good Evening

They can ask for what they want to investigate. He does not have to provide them if he chooses not to.

I cannot tell you what they are thinking and why. I believe they think he is one and the same as the person that took out the phone.

Your son in law should cooperate with them to have his name cleared but he should take it further to have the notation removed immediately.

It is not him and therefore it should not be on his record. Very straight forward.

This should all be reported to the police as well by your son in law. This is fraud.

If he has verified himself he should not have to do it again.

Tell him to go to the Police and also the TIO

Write to VEDA and set out what he knows and demand his name be cleared.

If he is losing money because he cannot get a loan he should work it out and seek compensation.

He should not focus on what Telstra is telling him. He has to focus on what he knows and what he has to do to make this go away.

Do not do it over the phone. Do it all in writing and keep copies.

Until Telstra see he is serious they will not do anything.

Also threaten to go to the media. This is also a story they love to show and Telstra will not be shown in a good light either.

I hope this makes more sense?