Yes. Dealing with Merion about a debt does not prevent you from bringing a claim against the original creditor if you have independent grounds to do so. Your rights against the creditor — for example, for defective goods, breach of contract, misleading conduct, or a right to set-off — exist independently of the recovery process.
Common situations where this may arise:
- You believe the goods or services you paid for were defective or not delivered as promised, giving you a claim for damages or a refund.
- You have a right of set-off — that is, a cross-claim against the creditor that reduces or eliminates what you owe.
- You believe the creditor misrepresented the terms of the supply, giving rise to a claim under the Australian Consumer Law.
What this means in practice: If you have a genuine claim against the creditor, you should raise it as part of your dispute with us — the dispute may be upheld on that basis. You may also wish to pursue your claim directly against the creditor, independently of the recovery process.
These situations are legally complex. We strongly recommend seeking independent legal advice — a community legal centre or private solicitor can advise you on the merits of any claim you have against the creditor and how it interacts with the recovery process.
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