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LOOKING AFTER YOUR INTERESTS -
THE CONSUMER CREDIT CODE
The Consumer Credit Code (sometimes
known as the 'Uniform Consumer Credit
Code' ) is a law governing consumer lending
in Australia and is designed to protect the
interests of consumers. The Code does not
apply to credit for business or investment
purposes. In summary, it applies to credit
provided wholly or predominantly for personal,
domestic or household purposes where you
are an individual or a strata corporation.
FIND OUT MORE ABOUT THE
CONSUMER CREDIT CODE
You can find out more about the Consumer
Credit Code by visiting the Consumer Credit
Code website at: www.creditcode.gov.au
The Code covers all major financial institutions
and other providers of credit, including:
- banks
- building societies
- credit unions
- finance companies
- friendly societies
- retail stores and other businesses
- government bodies that offer credit
- payday lenders
Credit products covered by the Code include:
- personal loans
- credit cards
- store cards
- overdrafts
- housing loans
- hire of goods
- payday loans
The Code also applies to related mortgages
and guarantees.
BEFORE YOU SIGN00/span>
In accordance with the Code, the credit
provider must provide you with a pre-
contractual statement before you offer
to enter into a credit contract with them
or actually do so (such as by signing the
contract or using a credit card). The
statement must be in writing and must
be easy to understand. It should include:
- the credit provider's name
- the amount of credit that is
to be provided
- the annual percentage rate(s)
(often called the interest rate)
- how interest is calculated
and when it is charged
- the total amount of interest if the
loan is paid within seven years
- any enforcement expenses that
may become payable
- credit fees and charges
- how you will be informed of changes
to the contract
- any default rate of interest and how
this is calculated
- how often statements will be provided
- commission charges
- whether a mortgage or guarantee
applies to the loan
- any related insurance that is financed
under the contract
IN AUSTRALIA, A VARIETY OF FINANCIAL INSTITUTIONS AND BUSINESSES CAN
PROVIDE CREDIT. SOMETIMES, DECIDING WHICH BUSINESS TO GO TO CAN SEEM
AS COMPLICATED AS DECIDING WHICH TYPE OF CREDIT TO CHOOSE. DIFFERENT
CREDIT PROVIDERS HAVE THEIR OWN PROS AND CONS, SO IT'S IMPORTANT TO
CHOOSE CAREFULLY.
CREDIT PROVIDERS AND THE LAW
CREDIT PROVIDERS AND THE LAW
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Hardship variations can alter loan
agreements by:
- extending the length of the contract
or reducing the amount of repayments
- postponing the dates of repayments
- extending the length of the loan
and postponing payment during
a specified period
WHEN DOESN'T THE CODE APPLY?
The Consumer Credit Code doesn't apply to
all consumer credit. For example, the Code
does not apply to the following types of credit:
- credit provided for 62 days or less but
only where the maximum credit fees and
charges are less than 5% of the amount
of credit and the maximum interest
charges are not more than 24% per year
- credit provided without prior agreement
(for example, when a cheque account
becomes overdrawn and there is no
agreed overdraft facility)
- continuing credit where the only charge
that is made for providing the credit is a
periodic or other fixed charge that does
not vary according to the amount of
credit provided
- the debit part of a joint debit and
credit facility
- credit arising from bills of exchange
or promissory notes
- credit provided by an insurer for the
payment of insurance premiums by
instalment
- credit provided by either pawnbrokers
or by trustees of deceased estates
- employee loans in certain circumstances
(some provisions of the Code still apply)
PAWNBROKERS
Pawnbrokers provide money in return for
valuable goods which they hold until the loan
is repaid. A fee is charged on this type of
loan. Pawnbrokers are not covered by the
Consumer Credit Code. Instead, they are
generally covered by separate legislation
in the various states and territories.
You must also be given an information
statement that outlines your rights and
obligations under the credit contract.
You may get these two types of statements
together or separately, but you should receive
them (and read them), before you sign a
contract or otherwise accept its terms.
READ BEFORE YOU SIGN!
It's your responsibility to read pre-contractual
statements and information statements. If
there is anything you don't understand, make
sure you ask the lender about it before you
sign the contract.
Once you sign a credit contract it becomes
legally binding - regardless of whether or not
you've read it, and regardless of whether or
not you understand all of it. So, always read,
and ask if necessary, before you sign.
AFTER YOU SIGN00/span>
The Code still applies once you've entered
into the contract - in fact it applies for the
life of the credit contract.
STATEMENTS
Once you have entered into your credit
contract, your lender is bound by the Code to
provide you with regular account statements
that include:
- all credit provided during the
statement period
- fees and charges applying in
the statement period
- the name of the supplier in any
credit card purchases
- interest charges (including when they
were charged) and the interest rate
- opening and closing balances for the
statement period
- dates on which the statement period
begins and ends
- payments and transfers to and from
other accounts
- the minimum payment owed and the
due date for that payment
- certain insurance payments made,
including the name of the insurer and
any commission paid
- any corrections to previous accounts
IF YOU'RE EXPERIENCING HARDSHIP00/span>
The Code recognises the importance of
protecting consumers and allowing changes
to credit contracts, such as loans, in special
circumstances. If your circumstances
change as a result of job loss, illness, or
another reasonable cause but your inability
to pay is only temporary, talk to your lender
because it may be possible to have your
repayments adjusted. Note that hardship
variations are not likely to change the
interest rate on your loan agreement or
reduce the amount you owe. Ultimately, you
must still be able to repay the loan, even if
it may take longer than the original terms
of the loan agreement.
CREDIT PROVIDERS AND THE LAW
CREDIT PROVIDERS AND THE LAW