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Violet Home Loans vs SCHMIDT 25 Mch 2013

Posted by on in Consumers Fight Back
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                 Can anyone tell me the reference no. for the case of Schmidt or any other cases that had success against the banks?

KHOSHABA, FIRSTMAC vs O'DONNELL, 

 

 

www.austlii.edu.au

Type in Schmidt into search engine - Perpetuals were the TRUSTEE.  Lender was VIOLET HOME LOANS

VIC SUPREME COURT

Perpetual Trustees Australia Limited v Schmidt & Anor [2010] VSC 67 (4 May 2010) [75%]

APPEAL

Violet Homes Loans Pty Ltd v Schmidt & Anor [2013] VSCA 56 (25 March 2013) [56%]

 

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  • doyla66
    doyla66 Monday, 10 March 2014

    Contact your newspaper

    Hi grandma, I don't have those reference numbers but I do suggest you contact your main newspaper of your home town, I have tried this approach before and have been unsuccessful but this morning have a reporter that is interested in running the story- just try, it's worth it for you and all of us in the bank made prison we are in!!

  • doyla66
    doyla66 Monday, 10 March 2014

    Grandma maybe some help

    Violet Home Loans Pty Ltd v Shmidt & Anor 2003 VSCA 56 (25 March, 2013).

    Commonwealth Bank of Australia v Wales [2012] NSWSC 407

    1.Mickovski v Financial Ombudsman Service Limited & Anor [2012] VSCA 185)⁵ [23

  • doyla66
    doyla66 Monday, 10 March 2014

    Thankyou!! I am going after the banks and the credit assessor and everyone else involved in this Fraud and Imprudent Lending.
    If COSL do not take on my case I will also go after them for neglect in their duty of care !
    I have also been given the name of an investigative reporter.But first of all I will see where the next couple of weeks take me.Can`t give too much away just yet.Element of surprise I hope!

  • doyla66
    doyla66 Monday, 10 March 2014

    Grandma,

    Mickovski is interesting although he lost because he challenged the reviewl panel decision , the court said that if the action was bought on breach of contract they would have held that there was a three way contract between the BANK, FOS and the consumer incorporating the banking codes
    The Wales case was won and funded by NSW Legal Aid

  • doyla66
    doyla66 Monday, 10 March 2014

    If they're applicable to your case:
    Tonto High Court Decision (included Perpetual) - 3 cases from June 2012 - broker is the agent of the Bank
    Koshaba Principle - used in multiple cases - "how could you know ..."
    Put your lender and/or Trust in the austlii search engine (cases) and see what pops up.

    Just an idea ... once you have established some real flaws in your loan, you have a flawed loan. Working from that assertion, is there anything to recommend this loan at all?
    Of course they aren't really loans at all, nor are you dealing with lenders. To use that terminology, along with "borrower" and "capital" and even "interest" is deceptive and misleading conduct IMHO. You would have been a credit client of a credit provider who arranged a credit contract or agreement which was paid out through the SPV Trust. Do you have their Credit Provider's License number? Was it on any of the literature they sent you - ever? It appears that mortgagees went to great lengths to hide the true nature of their dealings with us and the rest of the population, including judges, lawyers, politicians - all blindsided by the divine right of Banks! With all this deceit going on at multiple levels it's reasonable to consider that they could also commit fraud at every step of the way (credibility).
    I saw a little case recently where it looked likely that everyone involved in the mortgage had a fiddle with the figures and a finger in the pie. Fraud in that case was highly likely, even with access to limited evidence. Thus the broker's loan service calculator did not contain the client's data exactly. And the Bank's calculator could contain anything. Little fudges all the way through with advice from a BDM as well. It all looked ok at first but the devil was in the detail. :)
    Best of luck!

  • doyla66
    doyla66 Monday, 10 March 2014

    Grandma

    Been through several courts hearings representing myself , in Qld the judges come back to the same thing --" you got the money", to avoid getting it struck out , you have to dispute the debt or show that there was a way of paying it back if the bank had not acting unconscionably, the banking codes are deemed to be part of your credit contract and if the bank has breached them i.e act like a prudent you might have a breach of contract action. If you are in NSW see if Legal Aid will fund an action , they funded the Wales case. The other thing the bank will try is to ask for a costs surety , if you want I can give the cases where this surety has been refused. Also in the Federal Court if you get to the directions hearing the Court can appoint you a " pro bono " barrister

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