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11 Consumers 375[11.490] Credit reportingIf the customer is overdue on their bills bymore than 60 days, the energy retailer mayregister the debt with a credit reportingbody. A default is recorded on the customer’scredit report for five years (or sevenyears for serious infringements). This canresult in the customer being refused consumercredit, such as when they apply for aloan, credit card or mobile phone.A customer cannot be credit listed unlessthe following requirements are met:• the retailer has issued an overdue noticeto the customer’s last known addressrequesting payment of the amountoverdue• 30 days later (or more), the retailer hasissued a notice of intent to credit list tothe customer’s last known address• the customer is at least 60 days overduein making the payment• the overdue amount is not less than $150• the credit listing occurs between 14 daysand three months after the notice ofintent to credit list is sent• the retailer is not prevented by a statuteof limitations from recovering the overdueamount (that is, the retailer must notrecover a debt more than six years afterwhen it first arose) (CR Code cl 9.3,Privacy Act 1988 (Cth), ss 6Q(1),21D(3)(d)).If the customer pays the account afterlisting, the debt is notated on their credit fileas “default paid”, but remains listed for theremainder of the listing period.Customers disputing the amount of thedebt or that they owe money should contacttheir energy retailer in the first instance. Ifthey are not satisfied with the retailer’sresponse they should make a complaint toEWON (see Making a complaint at [11.580]).If EWON finds that the retailer has made anerror or that the listing is non compliant,they will try to ensure that the customer’scredit rating is restored, at no cost to thecustomer.There are credit fix or credit repair agenciesoperating in NSW which offer a serviceof assisting customers to remove incorrectcredit listings. These agencies usually chargethe customer a fee upfront when an agreementis entered into, and a further fee whena listing is removed.Customers are entitled to one free creditreport a year and can approach a creditreporting body to request a copy of theircredit report, which must be provided within10 days. Customers are also entitled to a freecredit report If they are declined credit,provided they request the report within90 days of the date they were declined. Atthe time of publication, there are three creditreporting bodies operating in NSW:• Veda Advantage• Dun & Bradstreet• Experian.If the credit report is incorrect or misleading,a customer may request any credit provideror credit reporting body to correct theinformation. The credit provider or creditreporting body must be holding credit informationabout the customer, but not necessarilythe particular information that thecustomer is seeking to have corrected. Thecredit provider or credit reporting bodymust consult with other credit providers orreporting bodies as soon as practicable toresolve the correction request. If the creditprovider or reporting body is satisfied thatcredit information is inaccurate, out of date,incomplete, irrelevant or misleading, theymust take reasonable steps to correct theinformation within 30 days (Privacy Act1988, ss 20T, 21V, CR Code 20.2).In practice, it may be more convenient forcustomers to raise their concern directlywith their energy retailer. If not satisfied, acomplaint can be made to EWON or theOffice of the Australian InformationCommissioner.Note: the OAIC will be abolished in thenear future. However the Privacy Act willcontinued to be administered by the PrivacyCommissioner (who currently sits within theOAIC).