What is financial hardship and what are your rights?
You are infinancial hardshipif you have difficulty paying your bills and repayments on your loans and debts when they are due. Under credit law you have rights when you are infinancial hardship.
This page explains your rights and obligations under the law.
There are often two main reasons forfinancial hardship: 1. You could afford the loan when it was obtained but a change of circ*mstances has meant you can no longer afford the repayments; or 2. You could not afford to repay the loan when it was obtained. If this is the case, get legal advice immediately.
If you are behind with your loan or lease repayments, it can be stressful. For loans and leases for personal purposes (where the credit law applies), you have certain rights to ask for afinancial hardshiprepayment arrangement.
Thecreditoris required to respond to your request and be reasonable about making a repayment arrangement.
How to negotiate a repayment plan with your creditor
01
Work out what you can afford to pay
If you’re struggling to pay back money you owe, the first thing to do is to work out what you can actually afford to pay by doing a simple budget.How to work out what you can afford to pay.
If youcanafford to pay something
Start paying the amount you can afford and get in touch with yourcreditorstraight away to put a repayment agreement in place.
If youcan’tafford to pay anything
Call us on 1800 007 007 straight away for advice.
02
Contact your creditor
You can call, write to or email thecreditorletting it know you cannot afford your repayments and that you want to make a repayment arrangement. If possible, contact yourcreditor’shardship department. This is called a hardship notice.
When you give a hardship notice (for the first time in any three-month period) the lender must stop further enforcement or legal action until it responds. This requirement does not apply if thecreditorhas a courtjudgment.
Yourcreditorcan ask you for more information. The information must be relevant. Information that is relevant would include:
- Details of your income
- Details of your expenses
- The cause of yourfinancial hardship(and evidence of the cause if available, for example, a medical certificate)
TIPS
- Keep details of how and when you told the creditoryou were infinancial hardship
- You must be having (or will have) trouble making your loan repayments because of reasonable cause (such as an illness or unemployment). There are many reasonable causes.
- You must be able to reasonably repay the loan if the variation is granted.
- You can ask for any type of repayment arrangement as long as it will reasonably repay the loan. For example, it could be a short-term reduction in repayments or a permanent change in repayments.
- You can request financial hardshipeven if the co–borrower does not agree or cannot be contacted.
Sample letter/email to request a repayment arrangement under the credit law
03
The creditor must respond
Thecreditormust respond to your request for a repayment arrangement. Thecreditor has between 21 and 30 days to respond, depending on whether it asks you to provide further information.
You should continue to pay whatever you can afford during negotiations.
Possible responses
If thecreditoragrees to the repayment arrangement you offer, then your contract has been varied.
If thecreditorsays no to a repayment arrangement you offer, then it must:
- Tell you that it has not agreed
- Give you reasons for the refusal
- Tell you about your right to have that decision reviewed in the Australian Financial Complaints Authority.
04
If you make a repayment arrangement stick to it
If yourcreditoragrees to a repayment arrangement do your best to stick to the repayments.
- Make the agreed repayments on the agreed date
- If you are struggling to make the repayments contact yourcreditoragain to talk about your options
- If it is taking longer than you hoped to get back to making the scheduled repayments, talk to yourcreditorabout extending the arrangement
05
What to do if you can’t agree
If thecreditorwill not agree to a repayment arrangement you have the following options:
- Keep negotiating with thecreditor
- Lodge a dispute in theAustralian Financial Complaints Authority. It is a free service that can review the decision of thecreditorand make a decision. You do not have to accept the decision. If you do accept it, the decision is binding on thecreditor.
- Go to court. Get legal advice if you want to consider this option.
06
What happens to my credit report?
When you are behind in repayments, yourcredit reportmay be affected. There are two ways yourcredit reportmight be affected:
- A default being recorded
- Repayment history information being recorded
Adefaultcan only be listed on yourcredit reportif:
- You are in default (have missed repayments)
- A default notice has been sent to you giving you at least 30 days to pay the default
- A notice of intention to list the default on your credit file has been sent to you.
Thecreditorcannot list a default when you have asked for a repayment arrangement. Thecreditorcan only list a default 14 days after it has rejected your request for an arrangement.
You are not in default if you are in an agreed repayment arrangement. So, the quicker you make an agreed repayment arrangement (and stick to it), the less likely that a default will be listed on yourcredit report.
Repayment history information(RHI) is information about whether you make your loan repayments each month.
If you are up to date the payment is listed as “0”. Once you miss a loan repayment you have 14 days to catch up. After 14 days yourcredit reportwill note that you have missed one repayment. If you keep missing repayments, yourcredit reportkeeps recording the number of monthly missed repayments.
There is no requirement to give you notice that repayment history information will be listed on yourcredit report.
If you make a repayment arrangement (and keep to it), the RHI should reset to 0. Unfortunately, there is a lot of argument between industry and consumer advocates as to how and when the RHI should reset to 0. Further clarification is expected soon.
If yourcredit reportlists missing repayments on your RHI but you had made an agreed repayment arrangement, consider disputing the listing withtheAustralian Financial Complaints Authority.
07
What if I am not eligible for a hardship variation under the credit law?
You should still contact thecreditorand explain your situation.
- Ask for a reduction in (or postponement of) your repayments for period of time.
- If thecreditoragrees, confirm the agreement in writing. Keep a copy of the letter.
- If thecreditor will not agree, you should keep making some of your repayments (if you can) and get advice from a financial counsellor.
- If thecreditor will not agree you can also lodge a complaint with the external dispute resolution scheme your creditor is a member. See our Complaints and Disputes page for more information about how to make a complaint with an external dispute resolution scheme.
- If court proceedings havecommenced, you must get legal advice immediately.
08
Speak to one of our financial counsellors
If you’re feeling overwhelmed and need some help to deal with your financial hardship, you can speak with one of our financial counsellors.
Financial counsellors aren’t judgmental about your circ*mstances – they’re here to offer youfree, confidential and independentadvice and assistance.
To speak to a financial counsellor you can:
- Call the National Debt Helpline on1800 007 007– open Weekdays from 9:30 am to 4:30 pm.
- Use our live chat service by clicking the chat icon in the bottom right corner of your screen. Live chat is available 9:00 am to 8.00 pm weekdays. If you send a message outside these hours a financial counsellor will get back to you.
- Make an appointmentto see a financial counsellor in your local area –Find a local Financial Counsellor.
YOUR CREDITOR’S RIGHTS
While you have rights, it’s important to be aware that your creditors also have rights under the law. These rights allow yourcreditorto pursue you for money you owe them. Read more about creditors’ rights on theDebt collectionpage.
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