Susie's story

Susie wins against ANCP and Dun and Bradstreet

In November 2009, Susie received a letter of demand from Australian National Car Parks in which ANCP claimed a debt of $88.00 from Susie for alleged " liquidated damages". Susie contacted the Consumer Action Law Centre (CALC) which provides free legal advise to consumers. The centre sent a letter to Dun and Bradstreet on behalf of Susie, denying she owed $88.00 for various reasons, including that the terms of the purported contract were unfair and the amount demanded is an unlawful penalty. CALC also informed Dun and Bradstreet that they did not think Australian National Car Parks could use the credit reporting system in Australia because it cannot be regarded as a credit provider under the Privacy Act. Accordingly, CALC alleged that claims that Susie’s credit rating would be affected were misleading and deceptive. Dun and Bradstreet agreed to close Susie’s “account” with ANCP and not pursue the matter further. Read more in Consumer Interaction Issue 3/2010 . (Susie is not her real name).