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Case Reports - Civil Law A roof over his head Mr G is 57 years old and is now retired. In 1997 he was living on his small property in Hampton, behind the Blue Mountains, which he bought 27 years earlier. However, his whole life was shattered when Avco Financial Services Ltd told him he had 14 days to get off his property. Mr G only then found out that in 1994 he had signed a mortgage over his home securing a $80,000 loan from Avco to his son for a prime mover and trailer. Avco did not use the truck as security and so when Mr G's son stopped paying the loan, Avco booted him off his property and sold it. Mr G, who had lived his whole life in the area, had nowhere to go. At about his time Mr G saw the publicity generated by Legal Aid’s report In Whose Interest? Avco’s Lending Practices Exposed and contacted us for help. Our Consumer Protection Unit saw not only that the mortgage was unjust, but that it also contained breaches of the Credit Act. Civil Lawyer Estelle Aylward-Dyne took up the case for Mr G and earlier this year Avco agreed to pay him the $78,000 they had recovered from the sale of his property. Mr G has now found a new home near Lithgow to buy with his settlement money. He says, "I'm angry that I've lost my home but if it wasn't for Legal Aid I'd be out on the street." Back to full list of case reports |
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