MyCRA Specialist Credit Repair Lawyers

Tag: ASIC

  • 3 Quick Easy Steps To Automatically Save Your Text Messages To Your Google Drive

    3 Quick Easy Steps To Automatically Save Your Text Messages To Your Google Drive

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    3 Quick Easy Steps To Automatically Save Your Text Messages To Your Google Drive

    MyCRA Lawyers helps with Compliance issues | 1300 667 218
    MyCRA Lawyers Helps With Compliance Issues | 1300 667 218

    These simple apps will make meeting your compliance obligations so much easier…

    What if I could show you one of the simple methods I use to make sure our Credit Repair Law Firm remains compliant – and you get it for nicks!

    Hi,  I’m Graham Doessel and I’m known for being the CEO of MyCRA Lawyers, Australia’s first and only Specialist Credit Repair Law Firm. I’m also known as a State Councillor for the Finance Brokers Association Of Australia, an advocate for Men’s Health, and a Champion for the Consumer – Basically, I Get Good People Out Of Bad Situations.

    That brings me to Compliance Issues, and you might like to ask yourself:

    • Are your I’s dotted and your T’s crossed?
    • Are all your ducks in a row?
    • Do you have Audit Ready Confidence? Are you sure? 

    What about your text messages? 

    • How are you saving your text messages? 
    • The long cumbersome way of emailing them to yourself?
    • Having to simply rewrite them word for word into your CRM or File notes?

    If you’re like most people & love the convenience of SMS but hate the inconvenience of recording those SMS’s in your files for compliance, then I might have a solution you’ll love…

    I found an app called IFTTT (If This Then That) which is supported by thousands of vendors and allows you to program your phone to do repetitive tasks to save you time.

    Get and install IFTTT from the Play Store or the App Store

    I created a program that copies my text messages I receive from clients etc., straight to a word doc in my google drive account – AUTOMATICALLY! (usually within a few seconds)

    I created another program to do the same, but for the messages I sent TO my clients.

    I now have one document with all the messages I sent to and received from that client, all time and date stamped, and all in order… Brilliant for auditing purposes or for copying and pasting to your existing CRM or file note system etc.

    The program automatically creates a new document for each new client and adds the new text messages to that same document as they come in… Isn’t that so simple and so useful?

    3 Simple Steps To Set This Up Are Available Here (We now use our own secure https://lph.la short link domain for your safety)

    Step 1.

    Step 2

    • Go straight to the app for copying sent texts; then (only for Android today, but iPhone coming in a few days, comment below if you want to be notified of the iPhone version)
    • Follow the prompts

    Step 3

    • Go straight to the app for copying received texts; then (only for Android today, but iPhone coming in a few days, comment below if you want to be notified of the iPhone version)
    • Follow the prompts

    Done.

    It’s that easy! Let me know if you have any suggestions or if you want to know more about how to create the applets yourself – it’s really easy!

    If you need a hand with your credit file, please call 1300 667 218 to chat about your situation, or to book your free 30-minute initial appointment.

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  • Clear Credit Solutions Pty Ltd (Clear Credit) pays $21,600 after ASIC investigation

    Clear Credit Solutions Pty Ltd (Clear Credit) pays $21,600 after ASIC investigation

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    Clear Credit Solutions Pty Ltd (Clear Credit Solutions) Of Coffs Harbour
    Pays $21,600 ASIC Infringement Notice For False & Misleading Claims

    Clear Credit Solutions Fined $21600 By ASIC for False & Misleading Claims
    Clear Credit Solutions Fined $21600 By ASIC for False & Misleading Claims

    If you overstate your business’s abilities or claim plaudits that you cannot justify the ASIC will happily take you to task and put you to expense.

    In November 2016 Clear Credit Solutions said it was “voted Australia’s most trusted credit restoration service”.  ASIC was unable to find (or be provided) evidence of that vote having had occurred.

    In March 2017 Clear Credit Solutions asserted in its scripts that by simply reviewing a consumer’s credit report it could decide whether or not it could remove negative listings.

    Presumably, the Clear Credit Solutions assertions were overly confident because it is generally only after reviewing the actual credit file and the records leading up to the recording of the default, that errors can be identified to enable the default to be removed.

    Sometimes it can be clear that a default can be removed, for instance if it is statute barred, but further investigation is required for most matters.

    Because every matter is different and turns on its own facts, categorical guarantees of success are impossible.

    The ASIC found the comments by Clear Credit Solutions to be misleading and deceptive and issued to infringement notices which resulted in Clear Credit Solutions paying $21,600 in penalties.

    Patrick Earl
    Senior Solicitor

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  • Unqualified Legal Work Finished – Now To Just Refund All The Fees Charged And Pay All The Fines Imposed By The Court

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    Unqualified Legal Work Finished – Now To Just Refund All The Fees Charged And Pay All The Fines Imposed By The Court

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    “I am satisfied beyond reasonable doubt that diverse dates between the 14th of March 2010 and 30th of May 2011, at Bundaberg in the State of Queensland, Henry McKee did, contrary to section 24(1) of the Legal Profession Act 2007 engage in legal practice when he was not an Australian legal practitioner.”

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    “BENCH: Upon the finding of guilty, you are formally convicted of each offence. Each conviction is formally recorded. In determining penalty I take into account the maximum penalties provided under section 24 and section 25 of the Legal Profession Act of 2007. I take into account the provisions of section 9 of the Penalties and Sentences Act of 1992.”

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    “I make a further order that you pay to the proper officer of the Court a sum of $10,000 as compensation on behalf of Otto Karol Hundert within 14 days from today and in default of payment levy is to be made by execution against goods and chattels that you own.”

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    In addition to the above, further fines and costs were awarded against the Defendant. (Legal-Services-Commission-v-McKee)

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    In Queensland, it is against the law to engage in legal practice or to offer to do so if you are not a legal practitioner. The aim is to “protect the public interest in the proper administration of justice by ensuring that legal work is carried out only by those who are properly qualified to do so

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    “To engage in legal practice means to do legal work.”

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    Our review of case law indicates that legal work means:

    1. that you claim to have a greater knowledge of the law or skill in legal matters than the ordinary person; and
    2. you apply that knowledge and skill to a particular person’s problems.

    It doesn’t matter what you describe your work as, but whether you are applying legal knowledge and skill in doing the work.

    The work you actually do might be reviewing a matter and then giving advice on what has happened in the past or what to do next; writing letters, preparing forms, preparing court documents, appearing in court. What is important is whether your knowledge and skill are being used to guide the work that is being done beyond simple clerical tasks in filling out forms.

    Filling out a form may not be legal work but suggesting what to say and how to say it is more likely to be legal work.


    Click HERE to go to the next article in this series.
    (Do Credit Repair Businesses Offer To Provide Legal Services?)

    Click HERE to learn more.
    (Why Credit Repair work is, by its nature, legal work (and thereby reserved for lawyers))

    Click HERE to learn more.
    (‘I Am Not A Lawyer And [I] Do Not Give Legal Advice’ said the ad – OH YES YOU DO, said the Court)

    Click HERE to learn more.
    (What Sort Of Work Constitutes “Legal Work”?)

    Click HERE to learn more.
    (What Constitutes “Legal Work”? (EXPANDED CASE NOTES))

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    About The Authors:

    Graham Doessel CEO of Legal Practice Holdings & MyCRA Lawyers in conjunction with Patrick Earl, Senior Solicitor of Armstrong Doessel Stevenson Lawyers, a division of Legal Practice Holdings

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  • ASIC Research Report (REP 465) Credit Repair Agencies or Debt Management Firms – “Paying to get out of debt or clear your record: The promise of debt management firms” Is A Must Read

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    ASIC Research Report (REP 465) Credit Repair Agencies or Debt Management Firms – “Paying to get out of debt or clear your record: The promise of debt management firms” Is A Must Read

    [/fusion_text][/fusion_builder_column][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none” align_self=”flex-start” border_sizes_undefined=”” first=”true” last=”true” hover_type=”none” link=”” border_position=”all”][fusion_modal name=”asic_report_465_20160121″ title=”Paying to get out of debt or clear your record: The promise of debt management firms” size=”large” background=”” border_color=”” show_footer=”yes” class=”” id=””]Paying to get out of debt or clear your record – The promise of debt management firms – ASIC Report 465[/fusion_modal][fusion_text columns=”” column_min_width=”” column_spacing=”” rule_style=”default” rule_size=”” rule_color=”” hue=”” saturation=”” lightness=”” alpha=”” content_alignment_medium=”” content_alignment_small=”” content_alignment=”” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” sticky_display=”normal,sticky” class=”” id=”” margin_top=”” margin_right=”” margin_bottom=”” margin_left=”” fusion_font_family_text_font=”” fusion_font_variant_text_font=”” font_size=”” line_height=”” letter_spacing=”” text_transform=”none” text_color=”” animation_type=”” animation_direction=”left” animation_speed=”0.3″ animation_offset=””][/fusion_text][fusion_text columns=”” column_min_width=”” column_spacing=”” rule_style=”default” rule_size=”” rule_color=”” hue=”” saturation=”” lightness=”” alpha=”” content_alignment_medium=”” content_alignment_small=”” content_alignment=”” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” sticky_display=”normal,sticky” class=”” id=”” margin_top=”” margin_right=”” margin_bottom=”” margin_left=”” fusion_font_family_text_font=”” fusion_font_variant_text_font=”” font_size=”” line_height=”” letter_spacing=”” text_transform=”none” text_color=”” animation_type=”” animation_direction=”left” animation_speed=”0.3″ animation_offset=””]

    This Report Details The Problems With Credit Repair Firms, Part IX Debt Agreement Firms And Budgeting Firms

    [/fusion_text][/fusion_builder_column][fusion_builder_column type=”2_3″ layout=”2_3″ last=”false” spacing=”yes” center_content=”no” hide_on_mobile=”no” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” hover_type=”none” link=”” border_position=”all” border_color=”” border_style=”” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”” margin_bottom=”” animation_type=”” animation_direction=”” animation_speed=”0.1″ animation_offset=”” class=”” id=”” border_sizes_top=”0px” border_sizes_bottom=”0px” border_sizes_left=”0px” border_sizes_right=”0px” first=”true” spacing_right=”2.6666666666666665%” min_height=””][fusion_text][fusion_popover title=”ASIC REPORT” title_bg_color=”” content=”This copy is provided by MyCRA Lawyers for your convenience. See the end of this document for a link to the original document on ASIC’s website that was correct at the time of publication.” content_bg_color=”” bordercolor=”” textcolor=”” trigger=”hover” placement=”right” class=”” id=””]This report[/fusion_popover] is well overdue and shines a light on many of the important facts MyCRA Lawyers have been openly concerned about for quite some time.

    We Audit Your Creditor Looking For Legislative & Compliance Errors, To Have Your Default Erased
    We Audit Your Creditor’s Files Looking For Legislative & Compliance Errors.

    Section 29 of the report states “The OAIC noted that, of those who accessed their credit report, three in ten (30%) found the information to be incorrect …“. This is in line with a small scale survey published in CHOICE finding 34% of credit reports contained mistakes.

    The report “Paying to get out of debt or clear your record: The promise of debt management firms” (The Report) also notes that “In Australia, there has also been evidence of credit providers making serious and systemic errors in credit listings.” The issue of systemic errors still exists and is not restricted to just financial institutions.

    MyCRA Lawyers has identified several organisations including energy providers and debt collectors that routinely seem to ignore the legislation to the consumers potential detriment.

    These systemic breaches have been documented and are the subject of a complaint to the OAIC wherein we are calling for a “Commissioner Initiated Investigation”.

    MyCRA Lawyers seeks to penalise these negligent organisations and restore the balance of power to give affected consumers a voice, and restore their legislated (and moral) consumer rights.

    The Report makes mention that many of the Debt Management Firms have “… only worsened their [the consumers] immediate financial position …”. The Report also talks about the consumer in “Financial Hardship” and seems to indicate the tie in between Part IX Debt Agreement Companies and Credit Repair.

    There could be no two business segments further apart. A Part IX Debt Agreement is “… an act of bankruptcy … ” and destroys a person’s credit rating. MyCRA Lawyers is 100% focused on investigating the validity of the default listings and removing those that have been placed in error or unlawfully to improve a person’s credit score.

    I do know of credit repair agencies that seem to fit this model and offer Part IX Debt Agreements as a supposed “Credit Fix” or Credit Repair, and others that seem to actively target those consumers in genuine financial hardship. These clients in Financial Hardship should seek assistance from Financial Planners or free credit counselling services – Not Credit Repair or Debt Agreements.

    The majority of clients referred to MyCRA Lawyers by other trusted authorities in the Finance & Mortgage Industry are those that may have a single issue that often, they knew nothing about prior to applying for their mortgage.

    Some particular incident in their past left them with a bad credit rating but they are now in a financially stable position, and moving forward with their lives.

    These clients are NOT in the same position as the vulnerable client still immersed in depths of financial hardship.

    On average, MyCRA Lawyers clients had 1.2 bad credit default listings, achieve a successful removal resolution in 91.6% of cases and of those, receive the resolution in seven days or less – And, because we are a Legal Practice, these figures have been independently audited and the Audit Certificate is published.

     

    The Report raises concerns about the abilities of these organisations by stating:

    1. ” … firms had a poor understanding of the relevant law …” and
    2. “client money is not adequately protected …” and
    3. “… no uniform regulatory framework applying to debt management firms …”

    All of these concerns are addressed when you choose to only deal with MyCRA Lawyers for credit reporting issues because:

    1. MyCRA Lawyers is a Legal Practice with Solicitors, Paralegals and Legal support staff managing your matter;
    2. All Client Money is held in our Legal Trust Account which is subject to heavy regulation and regular audits; and
    3. MyCRA Lawyers is heavily regulated for consumer protection by The Queensland Law Society.

     

    In closing, while I agree consumers can access Ombudsman bodies and other EDR schemes themselves for free, I disagree that it is always the best option.

    To expect the ombudsman or the credit reporting bodies to conduct the same level of in depth investigation and audit of the creditors actions as a Legal Practice is in need of a serious reality check.

    The free services may have neither the time nor the depth of knowledge of the credit reporting and associated legislation to be able to assist the client to the same extent as MyCRA Lawyers.

    In fact, MyCRA Lawyers have had defaults removed that had been previously investigated by Ombudsman bodies wherein the Ombudsman body found no fault.

    Consumers and Trusted Authorities alike are encouraged to firstly read The Report and then do your homework. Be aware of your risks, your rights and know who you’re dealing with and/or referring to.
    It’s either your professional reputation or your credit reputation at risk.

     

    [Graham Doessel is the Chief Executive Officer & Non-Legal Director of MyCRA Lawyers]

     

    The report can be found at http://www.asic.gov.au/about-asic/media-centre/find-a-media-release/2016-releases/16-011mr-asic-releases-report-on-debt-management-firms/[/fusion_text][fusion_separator style_type=”none” top_margin=”15″ bottom_margin=”5″ sep_color=”” border_size=”” icon=”” icon_circle=”” icon_circle_color=”” width=”” alignment=”center” class=”” id=”” /][fusion_text]Who do you know that might have been the victim or almost the victim of an online scam or an identity theft issue or that has a bad credit rating, you might like to think how much you’d appreciate some help if you’d just been through something like this, and how grateful you’d be if your friend or trusted advisor let you know that you have options to get your life back.  

    Let your friends know that MyCRA lawyers has an independently audited success rate of 91.6% of all matters taken on* received a successful default removal resolution and approx. a 1/3 of them received the good news within 7 days or less.[/fusion_text][fusion_separator style_type=”none” top_margin=”15″ bottom_margin=”5″ sep_color=”” border_size=”” icon=”” icon_circle=”” icon_circle_color=”” width=”” alignment=”center” class=”” id=”” /][fusion_text]As you think about who you might refer, you might think back over the clients that have been rejected for credit issues by you or your lenders for the past 3 or so years.  Hope is an amazing gift you can give them and it’ll cost you nothing to mention MyCRA Lawyers to them all.  Refer them through using our simple and convenient 90-second online referral form by clicking the button below.[/fusion_text][fusion_button link=”” color=”default” size=”large” stretch=”” type=”3d” target=”_self” title=”” button_gradient_top_color=”” button_gradient_bottom_color=”” button_gradient_top_color_hover=”” button_gradient_bottom_color_hover=”” accent_color=”” accent_hover_color=”” bevel_color=”” icon=”fa-user-plus” icon_position=”left” icon_divider=”no” modal=”online-referral” animation_type=”0″ animation_direction=”left” animation_speed=”1″ animation_offset=”” alignment=”” class=”” id=”” border_radius_top_left=”25px” border_radius_top_right=”25px” border_radius_bottom_right=”25px” border_radius_bottom_left=”25px”]Quick – Easy – 90 Second Client Referral – Click Here Now[/fusion_button][fusion_separator style_type=”none” top_margin=”15″ bottom_margin=”5″ sep_color=”” border_size=”” icon=”” icon_circle=”” icon_circle_color=”” width=”” alignment=”center” class=”” id=”” /][/fusion_builder_column][fusion_builder_column type=”1_3″ layout=”1_3″ last=”true” spacing=”yes” center_content=”no” hide_on_mobile=”no” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” hover_type=”none” link=”” border_position=”all” border_color=”#a7d686″ border_style=”solid” padding_top=”5px” padding_right=”5px” padding_bottom=”5px” padding_left=”5px” margin_top=”” margin_bottom=”” animation_type=”0″ animation_direction=”down” animation_speed=”0.1″ animation_offset=”” class=”” id=”” border_sizes_top=”1px” border_sizes_bottom=”1px” border_sizes_left=”1px” border_sizes_right=”1px” first=”false” spacing_left=”1.3333333333333333%” min_height=””][fusion_title size=”2″ content_align=”left” style_type=”double solid” sep_color=”#d4af37″ margin_top=”10px” margin_bottom=”10px” class=”” id=””]Testimonial[/fusion_title][fusion_imageframe lightbox=”yes” lightbox_image=”” style_type=”none” hover_type=”none” bordercolor=”” bordersize=”0px” borderradius=”0″ stylecolor=”” align=”center” link=”” linktarget=”_self” animation_type=”0″ animation_direction=”down” animation_speed=”0.1″ animation_offset=”” hide_on_mobile=”no” class=”” id=””] Mortgage Broker Jonathan Salter MyCRA Lawyers Testimonial on LinkedIn[/fusion_imageframe][fusion_title size=”2″ content_align=”left” style_type=”double solid” sep_color=”#d4af37″ margin_top=”10px” margin_bottom=”10px” class=”” id=””]Testimonial[/fusion_title][fusion_text]

     “Thank you so much I will tell all my Doctor friends, family, and I will recommend them to you.”

    “… for me impossible to get any loan, without your help …”

    “… And Lauren Andrew, ahhh Phillip Anthony, Cory – they are all amazing, you know? I can’t tell you how beautiful the service was, it’s amazing, it’s changed my life. It’s changed my life and it’s saved me thousands of dollars because you know the bank wanted to give me 10% because of my credit file. My excellent, my credit history now, it’s back on track…”  Dr Kamal Zgheib – Qld

    [/fusion_text][fusion_text]

    Dr Kamal Zgheib default removal | MyCRA Lawyers Testimonial
    Dr Kamal Zgheib default removal | MyCRA Lawyers Testimonial

    Listen to the Telephone call between Graham Doessel and Dr Kamal.

    [/fusion_text][fusion_title size=”2″ content_align=”left” style_type=”double solid” sep_color=”#d4af37″ margin_top=”10px” margin_bottom=”10px” class=”” id=””]Testimonial[/fusion_title][fusion_imageframe lightbox=”yes” lightbox_image=”” style_type=”none” hover_type=”none” bordercolor=”” bordersize=”0px” borderradius=”0″ stylecolor=”” align=”center” link=”” linktarget=”_self” animation_type=”0″ animation_direction=”down” animation_speed=”0.1″ animation_offset=”” hide_on_mobile=”no” class=”” id=””] Testimonial | MyCRA Lawyers Happy Credit Repair Client | 1300-667-218[/fusion_imageframe][fusion_imageframe lightbox=”yes” lightbox_image=”” style_type=”bottomshadow” hover_type=”zoomin” bordercolor=”” bordersize=”0px” borderradius=”0″ stylecolor=”” align=”center” link=”” linktarget=”_self” animation_type=”fade” animation_direction=”up” animation_speed=”1″ animation_offset=”” hide_on_mobile=”no” class=”” id=””] Testimonial | MyCRA Lawyers | Credit Repair Experts | 1300-667-218[/fusion_imageframe][fusion_title size=”2″ content_align=”left” style_type=”double solid” sep_color=”#d4af37″ margin_top=”10px” margin_bottom=”10px” class=”” id=””]Testimonial[/fusion_title][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container hundred_percent=”yes” overflow=”visible” type=”flex”][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none” align_self=”flex-start” border_sizes_undefined=”” first=”true” last=”true” hover_type=”none” link=”” border_position=”all”][fusion_section_separator divider_candy=”bottom” icon=”” icon_color=”” bordersize=”1px” bordercolor=”#333333″ backgroundcolor=”#333333″ class=”” id=”” /][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container background_color=”” background_image=”https://mycralawyers.com.au/wp-content/uploads/2015/09/bkgd_bw2.jpg” background_parallax=”fixed” enable_mobile=”no” parallax_speed=”0.3″ background_repeat=”no-repeat” background_position=”left top” video_url=”” video_aspect_ratio=”16:9″ video_webm=”” video_mp4=”” video_ogv=”” video_preview_image=”” overlay_color=”” video_mute=”yes” video_loop=”yes” fade=”no” border_color=”#e5e4e4″ border_style=”solid” padding_top=”65px” padding_bottom=”50px” padding_left=”20px” padding_right=”20px” hundred_percent=”no” equal_height_columns=”no” hide_on_mobile=”no” menu_anchor=”” class=”” id=”” type=”flex” border_sizes_top=”0px” border_sizes_bottom=”0px” border_sizes_left=”0px” border_sizes_right=”0px”][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none” align_self=”flex-start” border_sizes_undefined=”” first=”true” last=”true” hover_type=”none” link=”” border_position=”all”][fusion_title size=”2″ content_align=”left” style_type=”double solid” sep_color=”#d4af37″ margin_top=”10px” margin_bottom=”10px” class=”” id=””]Testimonial[/fusion_title][/fusion_builder_column][fusion_builder_column type=”1_3″ layout=”1_3″ last=”false” spacing=”yes” center_content=”no” hide_on_mobile=”no” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” hover_type=”none” link=”” border_position=”all” border_color=”” border_style=”” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”” margin_bottom=”” animation_type=”” animation_direction=”” animation_speed=”0.1″ animation_offset=”” class=”” id=”” border_sizes_top=”0px” border_sizes_bottom=”0px” border_sizes_left=”0px” border_sizes_right=”0px” first=”true” spacing_right=”2%” min_height=””][fusion_testimonials design=”classic” backgroundcolor=”” textcolor=”” random=”” class=”” id=””][fusion_testimonial name=”Jess” avatar=”female” image=”” image_border_radius=”” company=”Qld” link=”” target=”_self”]Thank you so much for a great service that was professional and very prompt.[/fusion_testimonial][/fusion_testimonials][/fusion_builder_column][fusion_builder_column type=”1_3″ layout=”1_3″ last=”false” spacing=”yes” center_content=”no” hide_on_mobile=”no” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” hover_type=”none” link=”” border_position=”all” border_color=”” border_style=”” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”” margin_bottom=”” animation_type=”” animation_direction=”” animation_speed=”0.1″ animation_offset=”” class=”” id=”” border_sizes_top=”0px” border_sizes_bottom=”0px” border_sizes_left=”0px” border_sizes_right=”0px” first=”false” spacing_right=”2%” spacing_left=”2%” min_height=””][fusion_testimonials design=”classic” backgroundcolor=”” textcolor=”” random=”” class=”” id=””][fusion_testimonial name=”Sean” avatar=”male” image=”” image_border_radius=”” company=”NSW” link=”” target=”_self”]thanks a lot for stellar results on the client I referred Friday. Credit Card Default from a trigger happy major was removed in 3 days. Impressive[/fusion_testimonial][/fusion_testimonials][/fusion_builder_column][fusion_builder_column type=”1_3″ layout=”1_3″ last=”true” spacing=”yes” center_content=”no” hide_on_mobile=”no” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” hover_type=”none” link=”” border_position=”all” border_color=”” border_style=”” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”” margin_bottom=”” animation_type=”” animation_direction=”” animation_speed=”0.1″ animation_offset=”” class=”” id=”” border_sizes_top=”0px” border_sizes_bottom=”0px” border_sizes_left=”0px” border_sizes_right=”0px” first=”false” spacing_left=”2%” min_height=””][fusion_testimonials design=”classic” backgroundcolor=”” textcolor=”” random=”” class=”” id=””][fusion_testimonial name=”Joseph” avatar=”male” image=”” image_border_radius=”” company=”WA” link=”” target=”_self”]I would like to inform you that, after spoken to you yesterday, I called Veda and they told me that my credit default has been removed. I also ordered for my new credit report and indeed the Optus default listing was not there, plus my credit score went up 546 – 716%. I Just want to thank you guys for following up
    Thank you
    [/fusion_testimonial][/fusion_testimonials][/fusion_builder_column][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none” align_self=”flex-start” border_sizes_undefined=”” first=”true” last=”true” hover_type=”none” link=”” border_position=”all”][fusion_separator style_type=”none” top_margin=”20″ bottom_margin=”20″ sep_color=”” border_size=”” icon=”” icon_circle=”” icon_circle_color=”” width=”” alignment=”” class=”” id=”” /][/fusion_builder_column][fusion_builder_column type=”1_2″ layout=”1_2″ last=”false” spacing=”yes” center_content=”no” hide_on_mobile=”no” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” hover_type=”none” link=”” border_position=”all” border_color=”” border_style=”” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”” margin_bottom=”” animation_type=”” animation_direction=”” animation_speed=”0.1″ animation_offset=”” class=”” id=”” border_sizes_top=”0px” border_sizes_bottom=”0px” border_sizes_left=”0px” border_sizes_right=”0px” first=”true” spacing_right=”2%” min_height=””][fusion_testimonials design=”classic” backgroundcolor=”” textcolor=”” random=”” class=”” id=””][fusion_testimonial name=”Awhina” avatar=”female” image=”” image_border_radius=”” company=”WA” link=”” target=”_self”]Thank you very much for your prompt handling of this matter. Thank you also to Corey who saved me a lot of to and throw (billing minutes) by quickly accessing my file for an up-to-the-minute update, supported by ‘NOW’ emails regarding progress, including clear understandable trust account billing.

    I found it very refreshing get have an ‘off the record’frank discussions drawing on the experience of the team to be absolutely golden! I was able to carry on with business, rest assured myCRA Lawyers had everything under control.

    MyCRA delivered on time and on budget.

    Top Job Guys!! I will gladly recommend MyCRA Lawyers to family and friends in the future[/fusion_testimonial][/fusion_testimonials][/fusion_builder_column][fusion_builder_column type=”1_2″ layout=”1_2″ last=”true” spacing=”yes” center_content=”no” hide_on_mobile=”no” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” hover_type=”none” link=”” border_position=”all” border_color=”” border_style=”” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”” margin_bottom=”” animation_type=”” animation_direction=”” animation_speed=”0.1″ animation_offset=”” class=”” id=”” border_sizes_top=”0px” border_sizes_bottom=”0px” border_sizes_left=”0px” border_sizes_right=”0px” first=”false” spacing_left=”2%” min_height=””][fusion_testimonials design=”classic” backgroundcolor=”” textcolor=”” random=”” class=”” id=””][fusion_testimonial name=”Stefan” avatar=”male” image=”” image_border_radius=”” company=”Qld” link=”” target=”_self”]I contacted MyCRA Lawyers after being off work with an injury.
    It started by missing a couple of small payments, power, phone then an existing loan I had.
    Still unable to return to work, things started to compound exponentially and before I knew it I started getting calls from up to 3 different debt collectors 5 times a day.

    I felt powerless to do anything about it and decided to give Graham Doessel at MyCRA Lawyers a call. Within the first week Graham and his expert team had completely removed the $1000 debt but more importantly, the default listing from VEDA. Their high success rate of removing defaults, combined with their extensive knowledge of debt collectors not adhering to certain rules they must follow means the defaults can be removed quicker than you would expect.
    I would certainly recommend their services, and can’t tell you how satisfied you feel when the burden is lifted.[/fusion_testimonial][/fusion_testimonials][/fusion_builder_column][fusion_builder_column type=”3_5″ layout=”3_5″ last=”false” spacing=”yes” center_content=”no” hide_on_mobile=”no” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” hover_type=”none” link=”” border_position=”all” border_color=”” border_style=”” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”” margin_bottom=”” animation_type=”” animation_direction=”” animation_speed=”0.1″ animation_offset=”” class=”” id=”” border_sizes_top=”0px” border_sizes_bottom=”0px” border_sizes_left=”0px” border_sizes_right=”0px” first=”true” spacing_right=”2.4%” min_height=””][fusion_text]Complete your application to the right

    As you think about who you might refer, you might think back over the clients that have been rejected for credit issues by you or your lenders for the past 3 or so years.  Hope is an amazing gift you can give them and it’ll cost you nothing to mention MyCRA Lawyers to them all.  Refer them through using our simple and convenient  90-second online referral form by clicking the big Green Button to the right.[/fusion_text][/fusion_builder_column][fusion_builder_column type=”2_5″ layout=”2_5″ last=”true” spacing=”yes” center_content=”no” hide_on_mobile=”no” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” hover_type=”none” link=”” border_position=”all” border_color=”” border_style=”” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”” margin_bottom=”” animation_type=”” animation_direction=”” animation_speed=”0.1″ animation_offset=”” class=”” id=”” border_sizes_top=”0px” border_sizes_bottom=”0px” border_sizes_left=”0px” border_sizes_right=”0px” first=”false” spacing_left=”1.6%” min_height=””][fusion_separator style_type=”none” top_margin=”20″ bottom_margin=”30″ sep_color=”” border_size=”” icon=”” icon_circle=”” icon_circle_color=”” width=”” alignment=”center” class=”” id=”” /][fusion_button link=”” color=”default” size=”large” stretch=”” type=”3d” target=”_self” title=”” button_gradient_top_color=”” button_gradient_bottom_color=”” button_gradient_top_color_hover=”” button_gradient_bottom_color_hover=”” accent_color=”” accent_hover_color=”” bevel_color=”” icon=”fa-user-plus” icon_position=”left” icon_divider=”no” modal=”online-referral” animation_type=”0″ animation_direction=”left” animation_speed=”1″ animation_offset=”” alignment=”” class=”” id=””]Quick – Easy – 90 Second Client Referral – Click Here Now[/fusion_button][fusion_modal name=”online-referral” title=”Refer Your Client Safely, Quickly and Easily To MyCRA Lawyers.” size=”large” background=”” border_color=”” show_footer=”yes” class=”” id=””][contact-form-7 id=”6860″ title=”Online Referrer”][/fusion_modal][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container hundred_percent=”yes” overflow=”visible” margin_top=”20px” margin_bottom=”20px” background_color=”rgba(255,255,255,0)” type=”flex”][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none” align_self=”flex-start” border_sizes_undefined=”” first=”true” last=”true” hover_type=”none” link=”” border_position=”all”][fusion_separator style_type=”none” sep_color=”” border_size=”” icon=”” icon_circle=”” icon_circle_color=”” width=”” alignment=”” class=”” id=”” /][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container hundred_percent=”yes” overflow=”visible” margin_top=”20px” margin_bottom=”20px” background_color=”rgba(255,255,255,0)” type=”flex”][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none” align_self=”flex-start” border_sizes_undefined=”” first=”true” last=”true” hover_type=”none” link=”” border_position=”all”][fusion_separator style_type=”none” sep_color=”” border_size=”” icon=”” icon_circle=”” icon_circle_color=”” width=”” alignment=”” class=”” id=”” /][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container hundred_percent=”yes” overflow=”visible” margin_top=”20px” margin_bottom=”20px” background_color=”rgba(255,255,255,0)” type=”flex”][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none” align_self=”flex-start” border_sizes_undefined=”” first=”true” last=”true” hover_type=”none” link=”” border_position=”all”][fusion_separator style_type=”none” sep_color=”” border_size=”” icon=”” icon_circle=”” icon_circle_color=”” width=”” alignment=”” class=”” id=”” /][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container hundred_percent=”yes” overflow=”visible” type=”flex”][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ last=”true” spacing=”yes” center_content=”no” hide_on_mobile=”no” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” hover_type=”none” link=”” border_position=”all” border_color=”” border_style=”” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”” margin_bottom=”” animation_type=”” animation_direction=”” animation_speed=”0.1″ animation_offset=”” class=”” id=”” border_sizes_top=”0px” border_sizes_bottom=”0px” border_sizes_left=”0px” border_sizes_right=”0px” first=”true” min_height=””][fusion_text]Past results are no indication of future success.[/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

  • Could carry-over credit card debt be the undoing of many a home loan?

    carry-over credit card debtIn my recent guest post for broker publication The Adviser, I discuss repayment history and credit card accounts, looking at how Australia’s new credit laws could change the playing field for borrowers and brokers, and how repayment history could impact credit ratings and the approval of home loans. 

    By Graham Doessel, Non-Legal Director MyCRA Lawyers www.mycralawyers.com.au.

    You can read my guest post from The Adviser in full below:

    Could carry-over credit card debt be the undoing of many a home loan?

    Australia’s new credit laws will place late-paying clients of licenced credit accounts such as credit cards and loans on the ‘naughty list’ if they are more than five days late with repayments.

     So who’s going to be most at risk of getting a late payment notation?

     In our experience, those with carry-over credit card debt, as well as those people with multiple credit cards could be most at risk.

     Certainly, when assessing clients who present with bad credit, we find a significant number of clients with defaults who have carry over credit card debt and/or are juggling multiple credit cards and other debts in arrears.

     These people are more likely to default because they have undertaken too much credit, often leaving no wriggle room for when life throws them a curve ball. Death, divorce, unemployment, sickness and relocation can all create that upheaval which leads to chaos with finances. If someone in the throes of a chaotic event is unable to pay an account and it falls more than 60 days in arrears, they can have a default placed on their credit file.

     In the case of repayment history, it’s going to take much less of a curve ball to make a dent in the credit file. Australia’s credit reporting system proposes to tackle the over-commitment issue with the inclusion of repayment history information to an individual’s credit file. If a client gets more than five days behind in their credit card or loan repayments, their repayment history may show up on their credit file.

     Those people robbing Peter to pay Paul – running from one repayment to the next, but never quite getting far enough in the red to cop a default on their credit file – are just the type of credit users big brother is hoping to catch out with repayment history information. It will mean people with bad habits when it comes to credit are going to be stopped in their tracks, and, eventually, won’t be able to take out major credit such as a home loan.

     Too many late payments will be used to assess increased risk of default even when a default is not present on the credit file.

     So how many people have carry-over credit card debt?

     A recent survey conducted by Roy Morgan for ASIC shows that around 2 million Australians do not pay off their personal credit card debt in full each month, rising from 24 per cent of personal credit card holders in 2009 to 27 per cent of personal credit card holders in 2013.

     Another recent survey showed the volume of Australians worried about their finances. Mortgage Choice revealed in its Money Survey last month that 53.4 per cent of people surveyed were “very worried” or “concerned” about their financial situation. The survey also found that 55.5 per cent of the respondents had credit card debt, with 45.7 per cent of them owing at least $4,000.

     The fall-out goes to the uneducated

     No one is immune to incurring late payments on their credit file, and the fear is that clients who don’t fall into the category of the overcommitted could also be tarred with the same brush. Those who are more than five days late because their bill goes missing, or who stay a little too long on holiday, or just get busy and forget to pay are going to be tarnished as a late payer.

     And it seems that most people don’t know they run the risk of this. Recent statistics from Veda Advantage revealed that the majority of Australians do not know they can be penalised for making a credit card or loan repayment late. Statistics show that seven out of 10 Australians don’t know about Australia’s new credit laws.

    How many late payments will lead to the declining of finance approval is up to individual lenders to decide. What we fear is that even one or two late payments over 24 months could change the interest rate offered.

     How will the new laws change the credit landscape?

     Not every licensed credit provider will be taking comprehensive credit reporting on board, and some will take a while to apply the changes. But what we do know is the shift to the new system is being encouraged by those within credit reporting, with a probable take-up by most licenced credit providers within the next 24 months.

     Brokers may find there’s a teething period in the future, as lenders change the way they assess credit worthiness based on the new available information. What was once accepted by the top-tier lenders could now be declined.

    My advice to brokers? Having knowledge of a client’s repayment history as well as any other adverse listings prior to making an application can help match the right product to your client. It may be a good idea to encourage clients to get a copy of their CRA, and even showing them how easy and quick it can be to obtain their credit report could be beneficial to everyone in the qualifying process.

     Clients can obtain a free copy of all their credit reports from www.freecreditrating.com.au.

    * N.B. Since last Thursday, the grace period for repayment history has been officially extended to 14 days. See today’s post ‘Late payment grace period extended to 14 days’ for more details.

     If you would like to know more about your credit report, or need to dispute a credit listing on your credit report you can contact MyCRA Lawyers on 1300 667 218.

    Image: Gualberto107/ www.FreeDigitalPhotos.net

  • Scam warning lookout for dodgy debt collectors

    scam debt collectorsThere has never been a more important time to know your rights when it comes to debt collection agencies. A warning to all Australians to verify callers are indeed who they say they are, as scams around debt collection begin to surface. We look at where people are being caught out and what your rights are when speaking to any type of debt collector.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repair  and www.fixmybadcredit.com.au.

    Got a few debts in your past? Often if you have an outstanding account the Creditor may have on-sold the debt to a debt collector– and it is this separate entity which may need to recover lost money and even place a default on your credit rating. If you are aware of this, it may come as no shock that you could receive phone calls from a debt collector chasing money from you.

    But just because you may be in default on an account, or even be in the process of Court proceedings against you, doesn’t mean you should be at the mercy of phone calls which make you feel threatened or uncomfortable.

    Particularly, since the caller may not have a legitimate reason to be calling. It was reported in the Herald Sun yesterday that bogus debt collectors are making phone calls to households around Australia threatening legal action and other consequences unless they pay up. The warning came from Consumer Affairs Victoria – and involves scammers claiming to be from a company that prevents unwanted sales calls, tricking people into clearing fake debts. So even if you know you owe money – make sure the person who’s calling can verify their relationship to your specific Creditor before you give away any personal details, or God forbid, you hand over any money.

    Here is an excerpt from that Herald Sun story:

    “They say you have to attend a court hearing in Sydney, or can settle the ‘debt’ by paying thousands of dollars,” said CAV’s acting director, Phil D’Adamo.

    “The caller then tells you to telephone the company’s lawyer. But the number they give you connects to the scammers at an overseas call centre.”

    The name of a legitimate overseas company and particular courts are often used…

    Other approaches included that of a fake solicitor, supposedly acting for a bank, claiming police would come to the person’s home with an arrest warrant unless they attended court or paid $9200.

    Another householder was told that he had to attend court in Sydney because he was being sued for fraud, but he could settle the case out of court for $6500.

    Inquiries into the origin of the scam are continuing.

    Mr D’Adamo said court registries could confirm whether hearings were legitimate.

    There are a number of ways you can report a scam. You can report it through a national scam register such as the ACCC’S SCAMWatch www.scamwatch.gov.au.

    Or you can contact a consumer protection agency in your State.

    If you are wishing to avoid unwanted sales calls can join the free federal Do Not Call Register.For details visit donotcall.gov.au

    What are the rules governing debt collection agencies?

    If you are unsure whether the debt collector you are dealing with is behaving according to the law, you can download a brochure from Australian Securities and Investment Commission (ASIC). The PDF ‘Debt Collection: Your Rights’ outlines the general rules debt collectors need to follow when attempting to recover a debt.

    In this document ASIC has been specific as to what is not acceptable behaviour by a debt collector – so if you are not sure if a debt collector has been behaving fairly, you can check this list or contact ASIC or the Australian Competition and Consumer Commission (ACCC).

    Remember, at no time is extreme conduct such as force, trespass, or intimidation acceptable behaviour, and ASIC also considers harassment, verbal abuse, and an overbearing manner to be unreasonable contact.

    Debt collectors must not:

    make false statements about the amount you owe, or the status of your debt, for example:

    – say you owe a debt when you do not

    – say the amount you owe is greater than it is

    – say that you have no choice but to pay a debt if you have a valid defence against payment, unless there has been a court judgment (if you are disputing a debt, a debt collector should stop collection activity until any reasonable request for information—such as giving you copies of accounts and contracts – has been met, and the debt has been confirmed)

    – say that your spouse or partner must pay your debt when they have no legal liability to do so

    – say that there has been a court judgment if this is not true

    make false statements about what will happen if the debt is not paid, or what the debt collector intends to do, for example:

    – say that unpaid debts are a criminal offence involving the police or possibly jail (being in debt is not a crime!)

    – say that your children can be taken away from you (this is completely false)

    – say that you will be made bankrupt immediately, even though there has been no court judgment or bankruptcy proceedings started

    – say that your goods (for example, your car) will be seized and sold immediately, even though there is no mortgage over the goods and no court judgment (if there is a mortgage over the goods, generally you must be given notice and 30 days to pay first)

    – say that your wages will be garnished (taken), even though a court order to allow this has not been obtained

    – say that your credit rating will be damaged, if that is not true (privacy laws limit the type of information that a credit reporting agency can hold on file, how long it can be listed on file, and who can access the information)

    use other misleading appearances or actions, for example:

    – send letters demanding payment that are designed to look like court documents

    – pretend to be (or pretend to act for) a solicitor, court or government body.

    Knowing your rights may prevent you from being caught out by either bogus debt collectors or legitimate ones behaving inappropriately.

    If you think that a debt collector has breached the ASIC/ACCC Debt Collection Guidelines, call ASIC’s Infoline on 1300 300 630 or email Infoline@asic.gov.au, or visit www.asic.gov.au/complain  to make a complaint online.

    Image: David Castillo Dominici/ www.FreeDigitalPhotos.net

  • A ‘fair go’ in the credit system for those under financial strain still a way off.

    Media Release

    [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”]

    Financial Hardship
    Financial Hardship

    A ‘fair go’ in the credit system for those under financial strain still a way off.

    14 February 2013

    From March 1, national credit reform will see steps made towards a fairer credit system for disadvantaged Australians, but whilst a consumer advocate for accurate credit reporting welcomes the changes, he says those consumers suffering credit impairment may still come across difficulties getting fair treatment in the credit reporting landscape.

    CEO of MyCRA Credit Rating Repair, Graham Doessel says for those Australians experiencing financial hardship, better protections will be afforded through significant reforms to the National Consumer Credit Protection Act which is due for implementation on March 1 2013.[/fusion_builder_column][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][i]

    “For those people doing it tough – one of the most important things they need is to be able to open a dialogue with their bank and make moves to guard their asset and their credit file during periods of financial difficulty, and this will be formalised under the new financial hardship laws,” Mr Doessel says.

    But he says for credit impaired individuals, we are yet to see the full extent of any ‘fairness’ until the implementation of amendments to the Privacy Act 1988 occur in 2014.

    “Whilst there are many aspects to this credit reform which will be helpful to those disadvantaged Australians, such as hardship provisions and capping pay-day loans, the most significant change for people forced ‘on the fringe’ will be within the area of correcting credit reporting mistakes, which won’t be implemented until March 2014,” he says.

    The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 will change the Privacy Act 1988 in the area of correction of credit reporting inconsistencies, including enabling consumers to force their Creditor to justify a disputed listing; and give consequences for credit reporting breaches.

    Next month’s implementation of the National Consumer Credit Protection Amendment (Enhancements) Act 2012 will also bring reforms to a range of credit areas, with the sole regulator being Australian Securities and Investment Commission (ASIC).

    A range of credit reforms will include;

    * Changes to procedures for hardship applications under the National Credit Code.

    * A ban on short-term credit contracts (that is not a continuing credit contract; where the credit provider is not an authorised deposit-taking institution (ADI); the credit limit of the contract is $2,000 or less; and the credit contract is for a maximum term of 15 days or less).

    * New obligations for small amount credit contracts (that is not a continuing credit contract; where the credit provider is not an ADI; the credit limit of the contract is $2,000 or less; and the credit contract is for a maximum term of 1 year) including:

    * introducing presumptions of unsuitability where a consumer is in default of an existing small amount credit contract; or in the preceding 90 days, a consumer has been a debtor under two or more other small amount credit contracts

    * Specific protections for reverse mortgages – such as the requirement to provide consumers with projections of the debtor’s equity in the property under a reverse mortgage and a reverse mortgage information statement.

    * Remedies for unfair or dishonest conduct by credit service providers.[ii]

    Mr Doessel says whilst the new obligations for Creditors will have significant advantages, they are only part of the credit reform ‘puzzle’. He says credit reporting mistakes still occur frequently, and individuals can be disadvantaged and refused mainstream credit by a system that has failed them.

    “People with defaults on their credit file can be severely disadvantaged – locked out of mainstream credit for 5 years. Not all defaults deserve to be there. People are getting let down by the system and have equal trouble correcting their credit reporting mistakes.”

    “Whilst the powers that be say that there is a legitimate avenue for correcting credit reporting mistakes for the individual, many consumers who have dealt with big companies for even small complaints issues will attest to the difficulty in getting a straight answer, getting someone who knows what they’re talking about first time, and ultimately correcting the mistake,” he says.

    He is hopeful that a large piece of the puzzle for those suffering hardship unfairly will be completed once the Privacy Act 1988 amendments come into effect in March 2014.

    “It remains to be seen next year how changes in credit reporting law will allow credit impaired individuals to be able to address inconsistencies on their credit report which can see them disadvantaged and funnelled into expensive credit such as payday loans,” Mr Doessel says.

    He hopes Privacy Act amendments will see fewer of those consumers locked out of mainstream credit unnecessarily – but he says it is a matter of seeing how the laws pan out.

    “My concern is, how ‘late payment notations’ (which are being recorded now as part of the Privacy Act changes) will impact credit suitability and I would hope repayment history information will not undo credit approval if the debtor has managed to avoid a default and negotiate a variation of repayment terms because of temporary hardship under these new laws,” he says.

    “So there is still going to be a time of uncertainty for many involved in credit, including for consumers. I know the intention is that eventually, we will see a better and fairer credit system for all – but I think the road to it could be a rocky one,” he says.

    /ENDS.

    Please contact:

    Graham Doessel – CEO Ph 3124 7133

    Lisa Brewster – Media Relations media@mycra.com.au

    http://www.mycra.com.au/ 246 Stafford Road, STAFFORD QLD. Ph: 07 3124 7133

    MyCRA Credit Repair is Australia’s number one in credit rating repairs. We permanently remove defaults from credit files.

     

    ——————————————————————————–

    [i] http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr4682_third-reps%2F0001;query=Id%3A%22legislation%2Fbills%2Fr4682_third-reps%2F0000%22

    [ii] http://www.asic.gov.au/asic/asic.nsf/byheadline/ASIC+Credit+Reform+Update+-+latest+issue?openDocument

    Image: David Castillo Dominici/ www.FreeDigitalPhotos.net[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

  • Financial freedom: are you self-sabotaging?

    self-sabotaging financial freedomIn today’s ‘Make Credit Work For You’ post, we look at advice from the Editor of Smart Investor magazine, Nicole Pedersen-McKinnon. Her article “Financial freedom: are you self-sabotaging?” was featured in Sunday’s Sydney Morning Herald. Nicole gives you some excellent advice for how to make the best of your money, and make sure you are not making basic mistakes that could see you taking longer to reach your ultimate financial goal of being debt-free.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repair and www.fixmybadcredit.com.au.

    Financial freedom: are you self-sabotaging?

    IT’S likely the people around you know whether you’ll ever ”make it”; that is, make and keep enough money to secure the life you crave. They’ll know this simply by observing your behaviour. And they’ll know it quickly.

    If you’re game, ask their opinion to see if they squirm.

    The wrong attitude to your cash – leading you to do the wrong things with it – indicates a ticking financial time bomb. Here are the mistakes that will lead to an explosion:

    ■ Missing the (second) once-in-a-lifetime opportunity to repay your mortgage fast and save a fortune. Official interest rates have returned to the record lows set during the credit crack-up, and home-loan rates have plunged about 4 percentage points. Say they hypothetically stayed here and you hadn’t ever reduced your repayments, the extra $700 or so you would be contributing to a $300,000 mortgage would save you $118,000 and almost 11 years.

    ■ Keeping lazy savings. There is no excuse for holding money in low-interest savings accounts. You should be getting about 5 per cent (taxed) or, better still if you have a mortgage, an effective return of about 5.5 per cent (tax-free) by sticking it in there.

    ■ Not grabbing gifts such as government allowances, benefits and super giveaways. The big ones you need to apply for include first-home buyer concessions, family tax benefits, baby bonuses or paid parental leave, childcare assistance and the super co-contribution.

    ■ Falling into the yawning traps set by finance companies. The largest are making new spending on 0 per cent balance-transfer credit cards – this will be charged at an eye-watering interest rate. If you are ahead on mortgage repayments, then taking up a thoughtful offer to reduce your repayments is designed to recoup the lender’s lost interest. Also, if you breach the conditions to get the headline rate on savings accounts, you will lose out. You must hit the monthly requirements or the institution wins.

    ■ Staying out of the sharemarket, perhaps in favour of cash or bonds. Yes, the credit crack-up was confronting but you need growth assets such as shares and property to reach your goals. The key is to balance these with more stable, income-producing assets. The fortunes of markets can turn on the head of a pin – witness the 20 per cent share recovery in the past year – and you need to be invested to benefit. Remember this applies to your super, too.

    ■ Over-leveraging. Heed the main lesson of the global meltdown and use investment debt sensibly: limit it to an appropriate amount and have the means to cover it if a market turns hostile.

    And the big one:

    ■ Year after year using credit to spend more than you earn. This short-sighted behaviour has the greatest potential to sabotage your future. To be a financial success you don’t need to be particularly clued up, but you can’t be clueless, either.

    The last point might seem simple, but it can be tempting to bury your head in the sand about what your incoming finances actually are, and live your daily life on credit, spending more than you earn.

    This thinking isn’t limited to those with a low income. In fact, Australian Bureau of Statistics reported late last year that spending more than you earn can occur across every level of income.

    “One in seven Australian households is spending more than it earns, as the working poor struggle with monster mortgages and surging power bills.

    Nearly 8 per cent of the nation’s richest households were living on credit, the Australian Bureau of Statistics reported yesterday.

    Of the top 20 per cent of households earning the most money, 3 per cent could not afford to pay a gas, electricity or phone bill on time during 2009-10.

    Of the poorest 20 per cent of households, one in five could not pay their bills on time and one in four spent more than they earned,” it was reported in news.com.au in the story News.com.au ‘Aussie strugglers living beyond means’.

    And the end result can be the same. People can bomb out with their finances at every level. And Creditors don’t care what your income is when you’ve defaulted on your credit, only when and how you intend to pay.

    If you have over-extended yourself – even if it hasn’t yet made it to default stage – act now to reduce that debt. Make a plan – find a good financial counsellor (call ASIC’ financial counselling hotline on 1800 007 007 for a reputable one) – and make some tough decisions about your life. By all means necessary, avoid that default or any other impairment to your credit file.

    What Ms Pederson-McKinnon didn’t mention, is another way you could be sabotaging your own financial freedom – by living with defaults on your credit file that shouldn’t be there. A default on your credit file will give you 5 years of blacklisting from mainstream credit, meaning if you need credit during that time you will be paying thousands more (on an average home loan tens of thousands more) in interest over the term of the loan.

    By having your credit file reviewed by a credit repairer to check your suitability, you may find you are one of those lucky ones that is able to have their credit default removed. This process happens legitimately and legally by people who are experts at auditing your Creditor for compliance issues which can deem your credit listing unlawful and therefore removed from your credit file.

    Contact a Credit Repair Advisor if you need more information on credit repair 1300 667 218.

    Good luck with your own path to financial freedom.

    Image: digitalart/ www.FreeDigitalPhotos.net

     

     

  • Credit reform about to take effect March 1 2013

    credit reformWe look at Amendments to important legislation to take effect from 1 March, and how this will impact consumers and all involved in the credit system.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repair and www.fixmybadcredit.com.au.

    The Australian Securities and Investment Commission (ASIC) has advised subscribers in a recent newsletter to be aware of new credit obligations commencing as part of amendments to NCCP.

    From March 1, the National Consumer Credit Protection Amendment (Enhancements) Act 2012 will bring reforms to a range of credit areas and ASIC will be the single regulator.

    ASIC Commissioner Peter Kell has outlined the main areas of reform, which most impacted individuals and businesses should be familiar with. Here’s the main points:

    * Changes to procedures for hardship applications under the National Credit Code.

    * Restrictions on the use of certain words, including ‘independent’ and ‘financial counsellor’.

    * Remedies for unfair or dishonest conduct by credit service providers.

    * Specific protections for reverse mortgages – such as the requirement to provide consumers with projections of the debtor’s equity in the property under a reverse mortgage and a reverse mortgage information statement.

    * Additional obligations, including new disclosure requirements, on consumer leases to provide greater regulatory consistency between leases and other functionally similar forms of credit.

    * The introduction of disclosure requirements in relation to the use of employer payment authorisations.

    * A ban on short-term credit contracts (that is not a continuing credit contract; where the credit provider is not an authorised deposit-taking institution (ADI); the credit limit of the contract is $2,000 or less; and the credit contract is for a maximum term of 15 days or less).

    * New obligations for small amount credit contracts (that is not a continuing credit contract; where the credit provider is not an ADI; the credit limit of the contract is $2,000 or less; and the credit contract is for a maximum term of 1 year) including:

    * introducing presumptions of unsuitability where a consumer is in default of an existing small amount credit contract; or in the preceding 90 days, a consumer has been a debtor under two or more other small amount credit contracts

    * disclosure requirements for licensees’ premises and websites; and * a ‘Protected Income Amount’ where the borrower is Centrelink-dependent.

    COMPLIANCE AND ENFORCEMENT APPROACH:

    Immediately following the 1 March 2013 commencement date, ASIC will adopt a balanced approach to administering the new requirements when industry makes genuine efforts to comply. ASIC will generally be tolerant of those genuinely trying to achieve compliance and will work with industry participants to address and rectify any problems.

    However, ASIC will certainly take a tougher approach where it encounters deliberate breaches, serious misconduct or significant risk of consumer detriment.

    ASIC will review its approach and compliance expectations after the first few months after which industry should have fully adapted to the new obligations.

    CONSUMERS who consider that a lender or broker has not complied with the new obligations can make a complaint to the lender or broker directly. If the problem cannot be resolved – the consumer can proceed to an external dispute resolution scheme (EDRS). Consumers can also make a complaint to ASIC to consider whether there has been a breach of the legislation.

    Further information for consumers will be available from 1 March 2013 on ASIC’s website www.moneysmart.gov.au.

    The streamlining of laws around financial hardship is a significant step in credit reform. The encouragement of an open dialogue with Creditors at times of debt stress, and the option for people to negotiate alternative arrangements with their lender other than being hit with a default on their credit file is so vitally important.

    The consequences of having a negative credit listing, whether that be a default, a Judgment, a writ or a clear-out being generally a ‘lock-down’ of mainstream credit services for the term of the listing (5-7 years).

    This means some consumers unable to secure a hardship variation, can fall into a ‘debt trap.’ Once that lower-interest option is no longer available, then alternative lenders may be sought – especially in times of emergency.

    Within this legislation, is also the cap on payday lenders which the Government hopes will stop loan sharks from exploiting vulnerable Australians:

    “The Gillard Government has moved to reduce the financial harm caused by lenders who ruthlessly impose excessive fees and charges simply because vulnerable consumers cannot obtain alternative access to credit. These reforms continue the Gillard Government’s ongoing commitment to deliver a fair go for all Australians,” Minister for Financial Services Bill Shorten said in a statement to the media last year following the bills passing.

    The Enhancements introduce a cap for small amount credit contracts where the amount borrowed is $2000 or less, and the term is 1 year or less. For these loans the maximum any lender can charge is an establishment fee of 20 per cent of the amount of credit upfront and 4 per cent for each month of the loan. This provides for maximum charges of $72 on a loan of $300 over 1 month.

    Caps on payday loans may deter loan sharks – but there is a bigger picture for those forced out to the fringe. Some people who are in situations where they can’t get mainstream credit are there because the system has failed them. Not all defaults deserve to be there, but they all have the same outcome for prospective borrowers.

    Where people are getting let down is in copping the mistake in the first place, and also in the correction of the credit reporting mistake. Whilst the powers that be say that there is a legitimate avenue for correcting credit reporting mistakes for the individual, any consumer who has had the pleasure of dealing with a big company for even small issues will attest to the difficulty in getting a straight answer, getting someone who knows what they’re talking about first time, and ultimately correcting the mistake. This is a common complaint of many of our credit repair clients. Most people are told if it’s paid up they can mark it as such but that’s about it.

    The effectiveness of consumers being able to correct credit reporting mistakes will still be a large piece of the puzzle to complete when we talk about ‘fairness’ for disadvantaged Australians in the credit system. Promised reforms to the correction of credit reporting mistakes as part of the Privacy Act 1988 amendments won’t take effect till later this year.

    Hopefully those amendments will genuinely ease the correction of credit reporting mistakes. But they must also be looked at in conjunction with the other amendments to the Privacy Act. It is not known how ‘late payment notations’ (collected now) will impact credit suitability and how unfair late payment notations will be viewed or whether they will be part of the new correction laws at all.

    So there is still going to be a time of uncertainty for many involved in credit, including for consumers. My hope is that eventually, we will see a better and fairer credit system for all – but the road to that goal could be a rocky one.

    If you are struggling with obtaining credit after being defaulted, and you believe the listing may be incorrect or unjust in any way, consider credit repair as an option to permanently remove unlawfully placed Defaults, Writs, Judgments and Clear-outs from your credit file. Call a Credit Repair Advisor today on 1300 667 218 to discuss whether you might be a suitable candidate for credit repair.

    Image: Stuart Miles/ www.FreeDigitalPhotos.net

  • Prevent a credit default during a time of mortgage stress.

    mortgage stressMedia Release

    Prevent a credit default during a time of mortgage stress.

    12 February 2013

    For the thousands of Australian home owners who are under financial strain, interest rate cuts may have come too little too late – but a consumer advocate for accurate credit reporting says those families falling behind on mortgage repayments need to be educated about what they can do to try to keep their home and their good credit rating.

    CEO of MyCRA Credit Rating Repair, Graham Doessel says it is vital that when someone is suffering financial hardship of some kind that they open up a dialogue with their Creditors as early as possible.

    “Too many people go into denial about their debts, and this only makes the long term prospects for recovery much worse. If I could give one piece of advice, it would be to talk to your bank and as soon as you encounter difficulties,” Mr Doessel says.

    Despite a recorded decrease in mortgage delinquency rates across the country to 1.2 per cent in September 2012 from 1.6 per cent in March 2012, credit ratings firm Fitch Ratings has recorded some continuing troubled areas where delinquencies remain high.

    Many of these ‘repayment blackspots’ have reportedly been impacted by the global economy through a drop in tourism numbers.[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][i]

    Mr Doessel’s credit repair firm deals with many clients who are attempting to salvage their lives and their credit rating after financial hardship, and he says sometimes effective communication and persistence may have prevented defaults.

    “If you are suffering hardship, get on the phone and discuss it with your bank. They may not issue a default on your credit file if you successfully negotiate to put repayments on hold or reduce the repayment amount – as long as you make a firm plan to get back on top of things, and you are able to stick to it,” he says.

    Credit file defaults are issued after credit accounts are 60 days in arrears, and late payment notifications are issued after repayments are one payment cycle late.

    Mr Doessel says the ramifications of having credit file defaults are generally refusal of mainstream credit – including credit cards, store cards and mobile phone plans for the 5 year term of the listing. Too many late payment notations may also impact credit approval.

    “If you are able to borrow, often the interest rate is much, much higher. If your bank can’t contact you, they may even issue you a Clear-out which has a 7 year term,” he says.

    “So you want to avoid having your credit rating black listed if possible.”

    People who need to negotiate with their lender because of hardship issues should now find the process much easier.

    Last year credit reform saw the introduction of changes to procedures for hardship applications. From 1 March 2013, The National Consumer Credit Protection Amendment (Enhancements) Act 2012 takes effect, giving debtors a statutory right to request a hardship variation if they cannot meet their obligations under a credit contract regardless of the amount of credit that is provided under their contract.[ii]

    Tips for Applying For Financial Hardship

    1. SPEAK UP. Firstly, you need to make it clear to your bank that you fear you may fall into arrears on your repayments – especially if you have a situation of temporary difficulty, such as unemployment or illness.

    2. WHAT CAN YOU AFFORD TO PAY? Work out what you can afford to pay prior to requesting a hardship variation. You can get budgeting advice through ASIC’s Money Smart website www.moneysmart.gov.au.

    “This would involve taking the bull by the horns and doing up a serious budget on what’s coming in and what your repayments are on all of your credit accounts,” Mr Doessel says.

    3. BE PRECISE. Put your request in writing and keep a copy as a record. You may need to use the actual words “financial hardship variation” for your lender to officially recognise the request, and to avoid confusion as to what you’re asking for.

    4. KNOW YOUR RIGHTS. Check your loan agreement as to the terms you entered into around financial hardship. Those agreements post-1 July 2010 have a clause which requires the lender to respond to you within 21 days.

    Creditors are legally required to consider a person’s request for variation on payment arrangements, but are not obliged to agree to any hardship variation proposal put forward. If a lender either refuses or fails to respond to your hardship request, you can lodge a complaint with their independent dispute resolution scheme, such as the Ombudsman they are a member of.

    5. DO YOUR RESEARCH. Research how to apply for financial hardship. You can do this through ASIC’s MoneySmart Website, or through sites like Money Help, a website run by the Victorian State Government.

    6. BE CONSISTENT. If you do get a variation on your repayments – keep up all repayments on time every time. And keep an open dialogue with your bank.

    “This fresh chance may be the catalyst to put in place some real changes in how you think about credit – taking a fresh look at ‘things’ ‘wants’ and ‘needs’– and making credit work for you next time instead of the other way around. This doesn’t ensure that mistakes won’t happen with your credit file, but it will ensure that a negative credit listing won’t make its way to your credit file through any fault of yours,” Mr Doessel says.

    /ENDS.

    Please contact:

    Graham Doessel – CEO Ph 3124 7133

    Lisa Brewster – Media Relations media@mycra.com.au

    http://www.mycra.com.au/ 246 Stafford Road, STAFFORD QLD. Ph: 07 3124 7133

    MyCRA Credit Repair is Australia’s number one in credit rating repairs. We permanently remove defaults from credit files.

    ——————————————————————————–

    [i] http://www.news.com.au/realestate/news/australias-mortgage-blackspots/story-fncq3gat-1226570977744#ixzz2KAbn7xXq

    [ii] http://www.asic.gov.au/asic/asic.nsf/byheadline/ASIC+Credit+Reform+Update+-+latest+issue?openDocument http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr4682_third-reps%2F0001;query=Id%3A%22legislation%2Fbills%2Fr4682_third-reps%2F0000%22

    Image: Nutdanai/ www.FreeDigitalPhotos.net[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

  • Smart borrowing to be taught in schools

    Smart Money Teaching ProgramMedia Release

    Smart borrowing to be taught in schools

    24 January 2013

    Classroom changes aimed at improving financial literacy in Australia have been welcomed by a consumer advocate for accurate credit reporting, who says teaching kids about money, and especially credit is long overdue. He says a new generation needs to be clever with credit to survive.

    Financial literacy lessons are to be rolled out nationally as term one of the school year begins, with the inclusion of Australian secondary schools to the ‘Money Smart Teaching Program’, developed by the Australian Security and Investment Commission (ASIC), adding to a primary school program that began last year.[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][i]

    About 120,000 children and 6000 teachers will take part in the trials, with the secondary schools topics set to include compound interest, supermarket unit pricing, finding the most cost-effective mobile phone plan and borrowing money.

    ASIC senior executive for financial literacy Robert Drake says it is hard to succeed in modern life without mastering money skills.

    “Knowing how to handle your money and the choices you have got to make as a consumer is a challenging thing in modern life, and really is a core skill”, Mr Drake told the Daily Telegraph on Monday.”[ii]

    CEO of MyCRA Credit Rating Repair, Graham Doessel says credit is an integral part of today’s culture, but many young Australians do not know how to make it work for them.

    “Many young people amble through their early years with credit, making mistake after mistake that can cost them dearly down the track. I have often said it should be taught in schools,” he says.

    He says he has seen many young people caught in the credit trap – robbing Peter to pay Paul – and in the end their good name suffers for five to seven years due to credit infringements.

    “I have seen young people get in deep with credit – putting cars and electrical goods on hire purchase and getting behind in repayments which sees them taking out new credit just to pay off the old credit. Before they know it, they’re 20 years old and facing Bankruptcy or Court Action and years of being locked out of the finance market coming into the crucial years when they need it most,” he says.

    Mr Doessel says teaching kids the importance of responsible borrowing and encouraging the exploration of philosophies of consumerism would be invaluable to reshape a whole new generation’s attitude to credit.

    “If we can arm our young people with more money knowledge, then collectively they may have a better break when it comes to home ownership and investments, things that seem to have eluded the current generation of twenty-something’s,” he says.

    “To go further, even basic legal responsibilities and requirements around credit would be an invaluable addition to the Australian secondary curriculum which could see rates of default decline as those kids enter the credit market.”

    ASIC’s trial program will take feedback from schools, with an aim to make it available more broadly from 2014.

    /ENDS.

    Please contact:

    Graham Doessel – Director Ph 3124 7133

    Lisa Brewster – Media Relations media@mycra.com.au

    Ph 07 3124 7133 www.mycra.com.au www.mycra.com.au/blog 246 Stafford Rd, STAFFORD Qld

    MyCRA Credit Repairs is Australia’s number one in credit rating repairs. We permanently remove defaults from credit files.

    ——————————————————————————–

    [i] http://teaching.moneysmart.gov.au/professional-learning/moneysmart-teaching-packages

    [ii] http://www.dailytelegraph.com.au/money/money-matters/schools-to-run-finance-classes/story-fn300aev-1226557978782

    Image: criminalatt/ www.FreeDigitalPhotos.net[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

  • ASIC finds widespread and systemic misleading and deceptive conduct by debt collector

    A Federal Court has heard that one of Australia’s largest debt collection agencies was found to be harassing and misleading debtors in an attempt to recover outstanding debts. Accounts Control Management Services (ACM), which was under investigation by the Australian Securities and Investment Commission (ASIC) was found to have engaged in harassment and widespread and systematic misleading and deceptive conduct in chasing debts, including “rude, condescending and vicious” calls and threats of imprisonment. if you have an outstanding account  the Creditor may have on-sold the debt to a debt collector– and it is this company which places a default on your credit rating. In dealing with a debt collection agency, it’s important to know your rights, and just what is appropriate behaviour from debt collectors when they are attempting to recover debts from you.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au.

    ASIC presented to the court 96 phone calls and the ACM debt collector training manual, which the court found and ruled in its October 26 2012 decision “made it very plain that debtors should be threatened with litigation”. ACM’s clients include Telstra, the National Australia Bank and the Commonwealth Bank.

    Yesterday Smart Company featured the story ‘Why you need to be careful about outsourcing debt collection: Court finds agency harassed and misled debtors’ by Cara Waters. Here is an excerpt from this story:

    The court found ACM had engaged in repeated threats to inform a debtor’s husband about her debt in circumstances where her husband did not know about it and ACM knew that she did not want him to know about her debt.

    The debt collection agency also made threats to call a debtor’s friends and employer until the debt was repaid, made threats to have Sheriff’s officers attend a debtor’s home or place of employment in a marked car and made telephone calls to neighbours and friends of a debtor.

    ACM made a threat to issue a warrant for a debtor’s arrest and a threat to take action that would result in a debtor being unable to travel overseas.

    The court was scathing in its description of the tone of one of ACM’s supervisors as “rude, condescending and vicious, no description of this call (and some of her later efforts) can adequately capture the offensiveness involved”.

    It found ACM persistently misled debtors by implying that it was a firm which specialised in commencing legal proceedings for the recovery of debts and that it frequently commenced legal proceedings.

    “The constant references to litigation were not an accident. They were the intended outcome of a house manual which promoted threatening litigation as a means to achieving recoveries,” the court found.

    “The operators were told to make references to legal proceedings and lawyers and it is only natural that this is what they did.”

    The court awarded declarations of misconduct and injunctive relief which restrain ACM from future similar conduct.

    ASIC Commissioner Peter Kell said ASIC will not tolerate behaviour designed to intimidate and mislead debtors.

    “This includes cases where the debtor’s family, friends and associates are also threatened with unreasonable behaviour,” Kell said.

    …SmartCompany contacted ACM but did not receive a response before publication.

    What are the rules for debt collection agencies?

    If you are unsure whether the debt collector you are dealing with is behaving according to the law, you can download ASIC’s brochure (PDF) ‘Debt Collection: Your Rights’ which outlines the general rules debt collectors need to follow when attempting to recover a debt. In this document ASIC has been specific as to what is not acceptable behaviour by a debt collector – so if you are not sure if a debt collector has been behaving fairly, you can check this list or contact ASIC or the Australian Competition and Consumer Commission (ACCC).

    Remember, at no time is extreme conduct such as force, trespass, or intimidation acceptable behaviour, and ASIC also considers harassment, verbal abuse, and an overbearing manner to be unreasonable contact.

    ASIC’s key points for dealing with debt collectors are:

    1. A debt may be collected by a creditor themselves or by someone acting on their behalf, like a debt collector.

    2. If you are contacted by a debt collector, be polite and cooperative. In turn, you should expect to be treated in a professional and courteous manner.

    3. When, where and how a debt collector can contact you is regulated by guidelines designed to ensure you are not harassed.

    4. As a guide, a debt collector should only contact you when it is necessary to do so and for a reasonable purpose.

    5. If you feel a debt collector has breached the guidelines, and the debt is in relation to a financial service, contact ASIC to make a complaint.

    It is important to know that debt collectors should not make false or misleading statements to you about your debts and the ramifications of it:

    Debt collectors must not:

    • make false statements about the amount you owe, or the status of your debt, for example:

    – say you owe a debt when you do not
    – say the amount you owe is greater than it is
    – say that you have no choice but to pay a debt if you have a valid defence against payment, unless there has been a court judgment (if you are disputing a debt, a debt collector should stop collection activity until any reasonable request for information—such as giving you copies of accounts and contracts – has been met, and the debt has been confirmed)
    – say that your spouse or partner must pay your debt when they have no legal liability to do so
    – say that there has been a court judgment if this is not true

    • make false statements about what will happen if the debt is not paid, or what the debt collector intends to do, for example:

    – say that unpaid debts are a criminal offence involving the police or possibly jail (being in debt is not a crime!)
    – say that your children can be taken away from you (this is completely false)
    – say that you will be made bankrupt immediately, even though there has been no court judgment or bankruptcy proceedings started
    – say that your goods (for example, your car) will be seized and sold immediately, even though there is no mortgage over the goods and no court judgment (if there is a mortgage over the goods, generally you must be given notice and 30 days to pay first)
    – say that your wages will be garnished (taken), even though a court order to allow this has not been obtained
    – say that your credit rating will be damaged, if that is not true (privacy laws limit the type of information that a credit reporting agency can hold on file, how long it can be listed on file, and who can access the information)

    • use other misleading appearances or actions, for example:

    – send letters demanding payment that are designed to look like court documents
    – pretend to be (or pretend to act for) a solicitor, court or government body.

    If you think that a debt collector has breached the ASIC/ACCC Debt Collection Guidelines, call ASIC’s Infoline on 1300 300 630 or email Infoline@asic.gov.au, or visit www.asic.gov.au/complain to make a complaint online.

    If you need help with disputing a credit listing, either from a debt collection agency or Creditor then contact you should consider credit repair. A credit repairer can conduct an audit-like investigation on your case. MyCRA Credit Rating Repairs can give you the best chance of having the disputed credit listing removed by fighting your case on your behalf and requesting that if a credit listing has been proven to be listed unlawfully, it should be removed from your credit rating.

    Contact a Credit Repair Advisor for more information call tollfree 1300 667 218 or visit the MyCRA Credit Rating Repairs website for more information www.mycra.com.au.

    Image: Stuart Miles/ www.FreeDigitalPhotos.net