MyCRA Specialist Credit Repair Lawyers

Tag: credit listing

  • Credit law series: Bad credit mistakes in Australia

    bad credit mistakesIn this credit law series, we look at bad credit mistakes. Do you have a bad credit rating and don’t know why? Have you had bad credit placed on your credit file you don’t agree with? You are not alone. Possibly millions of people in Australia have a bad credit rating, and many people are unaware they have black marks against our name until we apply for credit and are flatly refused. We look at the ins and outs of bad credit mistakes and what you can do about them.

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

     

    What is a bad credit rating?

    ‘Bad credit’ in Australia is generally credit listings such as defaults, writs, Judgments or Bankruptcies recorded against your name on your credit file by a Credit Provider.

    Most of these listings can make it very difficult to obtain credit for 5 years for defaults and up to 7 years for bankruptcy. This can affect many major areas of your life such as buying a home, taking out personal loans for vehicles, business loans and in many cases even credit cards and mobile phone plans.

    Currently, most of the major banks are rejecting home loan applications where the credit history shows a default listing (an overdue account which has lapsed past 60 days). Many lenders are even rejecting loans for excess credit enquiries such as two in thirty days or six within the year.

    How common are bad credit mistakes?

    There are over 16.5 million credit files for ‘credit active’ people, held by the major credit reporting agencies in Australia; Equifax (Formerly Veda Advantage), Dun & Bradstreet, Tasmanian Collection Service. (16.5 million credit files are held by Equifax (Formerly Veda Advantage) alone).
    Unfortunately, there are no current statistics on the number of credit mistakes which occur on Australian credit files.

    But to give you some idea, in 2004 the Australian Consumer Association (now Choice) conducted a survey which revealed 34% of the credit files of the people surveyed possibly contained errors.

    Most people that query Credit Providers and credit reporting agencies about their bad credit – especially where there’s a default, are told that the listing can’t be removed but can be marked as ‘Paid’ if the account was settled.

    This is often not good enough if you need to use credit over the next 5 years (which is almost everyone nowadays).

    What sort of bad credit mistakes are disputable?

    You should know that any credit listing which you believe is inconsistent, unfair, or incorrect can, and should be disputed. Credit rating mistakes could be anything from the credit listing placed by your Credit Provider on the wrong credit file; to the basis of the credit listing being unfounded; to incorrect notices being provided to you; right through to system errors and incorrect spelling, to name a few examples.

    How do I repair my bad credit rating?

    One important aspect to disputing a credit listing in Australia (also known as credit repair) is to remember is that we usually only get one chance at clearing our credit file.

    Sometimes we can attempt to deal with Credit Providers to remove the credit rating default ourselves and can do more harm than good by not understanding the legislation. This is where a firm focused on credit law can help.

    What does a credit law firm do?

    Disputing (or repairing) a credit file involves reviewing documentation– including the credit file and all the circumstances surrounding the default, writ or Judgment.

    Then the credit repairer negotiates with the creditor who initiated the listing on your behalf to remove the default.
    This can also often involve lengthy requests and submissions of documentation until an agreement is reached by the creditor and the repairer to remove the offending black mark.

    Not every credit file is suitable for credit repair. The credit repair company can review your situation and determine whether your case is worthy of pursuing.

    How do I seek out the best firm for repairing my bad credit mistake?

    Credit repair with a law firm solely focused on credit law is arguably the safest choice for credit repair in Australia. The process of credit repair is often attempted by companies without a legal practising certificate.

    Some of these companies can charge big bucks to perform the service for you. Some in the ‘credit repair’ industry may also claim to give quasi-legal or legal advice without adhering to the restrictions of the law.

    A credit reporting lawyer can act in court processes; identify legal issues; provide legal advice; prepare binding agreements; conduct formal negotiations and follow through with enforcement where necessary.

    A credit reporting lawyer can also make formal recommendations to Credit Providers making reference to the law, and make representations on behalf of clients.

     

    Click here to find out more about how MyCRA Lawyers can help you with your bad credit mistakes.

  • Refinancing is on the up and up – how brokers can capitalise on this trend

    BrokerIt seems there is a good opportunity in the current market for brokers to refinance their existing clients and also to capture other home owners looking to refinance. We look at the recent statistics on the refinance market, and discuss the three things brokers can do right now, to make the most of this refinance trend.

    By Graham Doessel, Non-Legal Director MyCRA Lawyers.

    Lower interest rates seem to have contributed to a growing number of refinanced loans in the current market – and this could continue in the future following the abolition of exit fees.

    Official figures from the Australian Bureau of Statistics (ABS) show September’s Housing Finance Figures have risen for refinanced loans for the ninth consecutive time since January this year:

    The number of refinancing commitments for owner occupied housing (trend) rose 1.1% in September 2013, following a rise of 1.5% in August 2013.

    This continuing shift in activity indicates that more borrowers are looking outside of the major banks for better deals in their home loan – and this is good news for brokers.

    So here are three things brokers can do right now to put themselves in the best position to capitalise on this trend…

    1.       Build quality relationships with existing clients.

    The simplest thing brokers can do to take advantage of the refinance trend is to foster the relationship with their existing client database.

    A broker who has kept in touch with their client in a natural way is the person that client will seek out when they have questions about their suitability to refinance their loan.

    Discussing market trends and even informing them of different loan products during this process also helps to inspire decision making in this area and allows the client to be aware that shopping around for a better loan doesn’t necessarily mean changing brokers.

     2.       Cultivate an online presence in the marketplace.

     In the digital world – convenience has proven to be the key to capturing new clients. Some borrowers may prefer to manage their affairs online, and that means it could be advantageous to have an online presence in order to capture this borrower.

    For instance, if borrowers are looking to step away from a major bank, they may do research online looking for a better deal – or they could look to complete the entire transaction in the virtual world.

    Your marketing in this area could be really critical to your future and really move your brokerage in the right direction. Niche market brokers are particularly successful in this area, regardless of business size.

     3.       Credit file knowledge and education.

    People in existing home loans make credit mistakes too. In fact, many times they don’t know about bad credit until they apply for the new home loan. But if their credit check reveals bad credit – they may have to stick out the existing loan until the listing drops off.

    But if the client was about to save tens of thousands of dollars in the new loan – the best thing we can do for them is get an assessment of their credit file and then understand whether the credit listing on their credit file is potentially disputable.

    Considering that a recent survey by Veda shows 80% of people have never checked their credit file, it is no wonder that mistakes can go along unnoticed until people apply for credit.

    MyCRA Lawyers can help clients who are facing identity theft; some are caught in issues over separation from their spouse; some have been disputing the bill which went to default stage and many people are just victims of the fallout from inadequate billing procedures – wrong names, wrong addresses, human and computer errors.

    Listings such as defaults, Writs, Judgments and clearouts are not removed by creditors unless the credit file holder can provide adequate reason and lots of evidence as to why the listing should not be there.

    That’s where we come in – to advocate the credit file dispute on their behalf.

    So if you want to help your clients repair their bad credit and possibly save a deal or two, then you want to discuss this with us at MyCRA Lawyers today.

    In matters of credit file dispute – we provide your clients with the added credibility and muscle of a law firm, without the typical lawyer’s price tag attached.

    Call MyCRA Lawyers today on 1300 667 218 and find out how credit repair will work for your clients. Also ask about our generous broker referral system.

    Image: stockimages/ www.FreeDigitalPhotos.net


     

  • Card skimmers in Brisbane pose identity theft risk.

    Media Release

    atm card skimmingCard skimmers in Brisbane pose identity theft risk.

    Stafford (BRISBANE), 1 August 2013.

    As police announce ATM card skimming devices have been found once again in the Brisbane area, a credit expert is warning the public about the lesser known but more dangerous effects of card skimming – identity theft.

    Graham Doessel who is CEO of MyCRA Credit Rating Repair, a national firm based in Brisbane’s Stafford, says many people are aware that banks will reimburse monies lost due to card skimming and other related fraud, but when it comes to fraudsters assuming the victim’s identity and taking out credit in their name, they have no idea how difficult a task recovery is.

    “You can’t be ‘reimbursed’ for identity theft – it is a difficult process to try and recover a good name which has been tarnished, because the victim must prove they didn’t initiate the credit and show cause as to why the credit listing is unlawful,” Mr Doessel says.

    He goes on to say, that with fraudsters often preferring a more ‘instant’ gratification, identity theft from card skimming is probably not widespread – but is a risk nonetheless.

    “A patient fraudster has a lot to lose, but a lot more to gain from attempting this form of fraud, so it could potentially mean the card holder is not a victim of any un-authorised transactions right after the skimming, but their details are misused in the future for credit applications,” he says.

    “With no easy way to trace the source of the identity theft, unfortunately the victim’s life can be made a living nightmare – with a mountain of debt and locked out of credit for 5 years unless they can prove their case of identity theft to Credit Providers,” he says.

    He says the best way of preventing this type of fraud is for consumers to be aware of what ATM card skimming devices look like – and take a moment to check the machine before they use it.

    Queensland Police state on their news website that the device found on an Ascot ATM in late July had a cover plate placed over the original card entry and a small camera – no more than a tiny dot at the bottom left side of the device which records the victim’s PIN number. 

    “It is believed that all information data obtained by the skimming devices has been retrieved by police and security of the credit card details has not been compromised,” Police assure.

    When card skimming devices were found at two separate locations in Brisbane’s Queen Street Mall last November, the Queensland Fraud Squad’s Detective Superintendent Brian Hay explained how to check whether ATM card slots had been tampered with.

    “When you go to an ATM look for a skimmer. Look at the entry point, make sure it’s a nice integrated, sealed or one piece unit,” he told Brisbane Times.

    “Make sure it doesn’t look like there’s an attachment to the facial plate. Grab that card entry point, give it a bit of a wiggle and make sure there’s no flexion … It can pop off in your hand.”

    Superintendent Hay also warned consumers to be wary of identity theft.

    “Understand, that if you’ve been compromised it’s not just your money that’s been lost, but the crooks now have your identity,” he said.

    Mr Doessel says consumers need to stay up to date with the latest scams and ways their personal and financial details can be at risk.

    “At the very least, log on to sites like the ACCC’s SCAMwatch regularly, and get to know what new threats are out there that could put you and your credit file at risk,” he says.

    The SCAMwatch website warns about the risks of card skimming and identity theft.

    “Card skimming is also a way for scammers to steal your identity (your personal details) and use it to commit identity fraud. By stealing your personal details and account numbers the scammer may be able to borrow money or take out loans in your name,” the website states.

    Police say if anyone believes that they have located a skimming device on an ATM they should contact their local police station or Crime Stoppers on 1800 333 000.

    /ENDS.

    MEDIA ENQUIRIES

    Please Contact:

    Graham Doessel – Founder and CEO MyCRA Ph 3124 7133

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

    Ph 07 3124 7133 www.mycra.com.au www.mycra.com.au/blog

    246 Stafford Rd, STAFFORD Qld

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

    Queensland Police say a skimming device like the one pictured, was fitted to an ATM in the Ascot area. http://mypolice.qld.gov.au/wp-content/uploads/2013/07/ATM-skimming.jpg

    http://mypolice.qld.gov.au/blog/2013/07/18/atm-skimming-devices-brisbane/

    http://www.brisbanetimes.com.au/queensland/bank-customers-under-threat-from-card-skimmers-20121122-29roj.html#ixzz2a0wDyBIv

    http://www.scamwatch.gov.au/content/index.phtml/tag/CardSkimming

    Image: naypong/ www.FreeDigitalPhotos.net

  • The bad credit nightmare affecting Australian home buyers.

    Media Release

    bad credit nightmareThe bad credit nightmare affecting Australian home buyers.

    25 July 2013

    Consumers all over Australia every day are faced with surprise bad credit when they apply for a home loan, and according to an advocate for credit reporting accuracy, many consumers get railroaded into living with debilitating defaults on their credit file that simply should not be there.

    CEO of MyCRA Credit Rating Repair, Graham Doessel says many home buyers end up angry and disappointed when their finance is declined due to bad credit, particularly when they believe their credit file shouldn’t have any black marks.

    “While paying your bills on time is the best way to ensure you have a clear credit file, it does not guarantee your credit report will be clear. The nature of credit reporting is that there is much opportunity for human error and these errors are usually not uncovered until people go about checking their credit file. At the time of finance application, it is too late,” says Mr Doessel.

    He says often consumers who query a credit listing with their Credit Provider are told that credit listings cannot be removed, but can be marked as paid if they have been paid. But he says the ramifications of bad credit are so huge, consumers should not be burdened by them if there are inconsistencies.

    “A default – even a paid default – will impact your ability to obtain credit generally for the entire time it is listed on your credit file – which is 5 years.”

    “If you are convinced a credit listing shouldn’t be there, or is inaccurate in some way, then you should dispute it,” Mr Doessel says.
     5 Steps to Fixing Your Bad Credit History 
    1. Determine what account the default is for. If you don’t have a copy of your credit report, you will need to order one. If you haven’t ordered a copy in the last 12 months, it will be provided at no cost from the credit reporting agencies in Australia. They are Veda Advantage, Dun & Bradstreet, Experian, and TASCOL (if in Tasmania). You may have listings with one or all of these credit reporting agencies. They will take 10 working days to send you a copy of your report. For a fee you can have one sent to you urgently. On your credit file, will be the company the default is with, and an account number. This should correspond with an account you have with them. If it doesn’t, or if you don’t have any accounts with the company in question, there is a good chance there may be a mistake on your credit file.

    2. Gather all your information first, and try and determine how the default made its way to your credit file. Before you call the company in question, sort out what you know about the situation. Have they made a mistake? How have they made it?

    3. Write to the Creditor to ask for information on the account. You may need to find out more about how the default got there. Every company keeps a file on its customers and you can write to them and request your account information to date.

    4. It is going to be hard going. Most people find it really hard to correct their credit listing themselves -especially if it’s complicated. For one, the Credit Provider has to comply with a whole heap of legislation that crosses different codes, and if you don’t know legally where they may have made errors – it’s pretty hard to persuade them they have done the wrong thing. Secondly, negotiating anything on your own behalf can be tricky – the old foot in the mouth routine can get you into trouble and see you stuck with the listing for the whole term. If you are able to show cause as to why the listing was put on your credit file unlawfully, there is a chance it will actually be removed.

    5. You may need an advocate. If you find out you have bad credit, and you have neither the time, skill, nor the patience to investigate and dispute your credit listing, you can consult a credit repairer. They will conduct an audit-like investigation of your case and the circumstances surrounding the credit listing, based on the relevant legislation applicable to your case. And most importantly, they will probably think of things you had never thought of to strengthen your case for the default removal.

    Mr Doessel says credit repair is not suitable for everyone, and sometimes if people have ‘done the crime’, they may need to do the time. He says if you are a serial offender for late payments, or if you are currently struggling to keep your head above water, then new credit- especially major credit – is NOT going to make it all better.

    “But if you have been unfairly treated, or there has been a mistake on your credit file, then you have a right to insist on that inconsistent listing to be removed or corrected,” he says.

    He says avoiding bad credit requires a combination of good repayment habits, good communication with Credit Providers, and regular reviews.

    “Every consumer should order a copy of their credit report regularly – at least once a year – to ensure everything reads accurately. It is also important to check your credit report before applying for any major credit – so if there are any inconsistencies they can be addressed prior to the finance application,” he says.

    /ENDS

    Please contact:

    Graham Doessel – Founder and CEO MyCRA Ph 3124 7133

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

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

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

    Credit Rating Errors In Australia: Background information

    To date, there are no official statistics provided to the Australian public on the number of defaults or other credit listings on Australian credit files.

    Likewise, there are currently no statistics on the numbers of disputed credit listings, or on listings which have been removed or altered on Australian credit files.

    This arguably makes it difficult to obtain any scope on the prevalence of bad credit and on the prevalence of credit reporting inconsistencies. We argue lack of information on the number of disputes makes it difficult for consumers to have any scope for the likelihood they may succumb to credit reporting errors, and may make them less likely to routinely check their credit file for inconsistencies.

    In 2012 a Veda Advantage spokesperson commented on the possible number of errors on credit reports within Veda. He admitted errors within their system alone amounted to 1%. “We give out about 250,000 credit reports to consumers every year. But only in 1 per cent of cases is there a material error on the file, so a default or an enquiry that’s incorrect,” Head of External Relations, Chris Gration told Today Tonight. (i) 

    The possible volume of errors on Australian credit files was exposed by a small scale study conducted in 2004 by the Australian Consumer Association (now Choice Magazine). (ii)

    It revealed 34% of the credit files surveyed contained errors.  

    “In our view, there are serious, systematic flaws which are leaving an increasing number of Australian consumers vulnerable to defamation, mis-matching and harassment,” the ACA report said. (iii)

    Transferring those figures from the Choice study to the number of credit files in Australia today, could balloon the figures to almost 5 million errors, inconsistencies or flaws. But unfortunately these figures are only estimates – due to the lack of real statistics.  

    (i) http://au.news.yahoo.com/today-tonight/latest/article/-/10670080/credit-ratings-check/

    (ii) http://www.smh.com.au/articles/2004/02/09/1076175103983.html

    (iii) http://www.caslon.com.au/reportingprofile3.htm

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    Image: stockimages/ www.FreeDigitalPhotos.net

  • Australia Day: Migrants to the ‘lucky country’ walk a rocky road to financial success.

    Australia DayMedia Release

    Australia Day: Migrants to the ‘lucky country’ walk a rocky road to financial success.

    21 January 2013

    Australia Day is the time when thousands of new Australians are welcomed, but an advocate for accurate credit reporting says some migrants are running into trouble with Australia’s credit reporting system, and are getting banned from credit and set back on the road to financial success.

    CEO of MyCRA Credit Rating Repair, Graham Doessel says migrants have unique issues with Australia’s credit system, and often the origins for unfair defaults and other credit notations come from mistakes during identity establishment.

    “Some of our migrant clients are finding issues coming from incorrect names placed on their credit files – resulting in the wrong person ending up with the default or other credit listing.”

    “It may be easy to track down and correctly list ‘John Smith’ but some nationalities have three or four names which can be presented in a different order in their country of origin. Even our migrants themselves can be unsure how to present that name correctly for identity establishment in this country,” Mr Doessel says.

    He says apart from identity establishment and identification issues, there is also a lack of education for migrants on the types of credit available, and what type is safest and easiest to manage.

    “Migrants may choose lenders with high interest rates and terms that are not user-friendly, ultimately setting them on a path of overdue payments and debt,” he says.

    Mr Doessel suggests that new Australians make a point of ensuring continuity with their name on any credit they take out and requesting changes to any bills or documentation which are incorrect.

    He also says many do not know they should be checking their credit file regularly to make sure it is accurate and free from unfair or incorrect listings.

    “It’s actually not just new Aussies who are kept in the dark. Many Australian-born Aussies are unaware they are responsible for checking their credit file, and that they can obtain a credit report every 12 months at no charge,” Mr Doessel says.

    7 Credit Tips for New Australians

    1. Do use credit – Having no credit history means there is nothing to calculate and the risk appears high to lenders. Start by borrowing something small and make repayments consistently.

    2. Make repayments on time – Repay any bills by the due date to avoid incurring a late payment notation on your credit file. If a bill is greater than 60 days late you will be listed with a default. Both notations may hinder your ability to obtain credit. If you are having trouble paying a bill by the due date, contact the creditor as they may be able to work out a payment plan as preference to listing your overdue account on your credit rating.

    3. A stable address – Lenders like to see stability and this can be reflected in your address. Once you have credit, make sure you update your address whenever you move. Defaults can happen when bills are sent to the wrong address.

    4. Do your research – A competitive interest rate can save you thousands – so double check you are getting the best deal for you and your circumstances before committing.

    5. Apply for credit with care – Only apply for credit you have a very good chance of being approved for. Likewise, only apply for credit you have full intention of pursuing. Every application is noted on your credit file as an enquiry, it does not stipulate whether credit was approved or not.

    6. Check your credit file regularly – Check your credit file before you apply for credit. Make sure all your details are accurate.

    7. Don’t leave defaults too late – If your credit file does show defaults and you feel they are incorrect, unjust or just shouldn’t be there – don’t put up with them for 5 years – it is possible to dispute a credit listing you believe is inaccurate.

    “We should use Australia Day to help our fellow Aussies, and raise awareness of the problems our new migrants face, so we can all experience financial success,” he says.

    People can contact MyCRA Credit Rating Repair on 1300 667 218 for help to obtain a copy of their credit report.

    /ENDS.

    Please contact:

    Graham Doessel – Director 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 leader in credit rating repairs. We permanently remove defaults from credit files.

  • “Bank of Mum and Dad” financing for kids can put your credit rating at risk.

    Bank of Mum and DadMedia Release

    “Bank of Mum and Dad” financing for kids can put your credit rating at risk.

    14 January 2013

    A recent survey shows high property prices have sparked one in three Australians to seek financial assistance from their parents for their first home, but an advocate for credit reporting accuracy warns that if assistance extends to a parent equity loan, parents need to know there are significant risks to their credit rating.

    ING Direct’s recent global survey, as reported in Australian Broker reveals that the average age of a first home buyer in Australia is now 26 years old, with one in three tapping the “Bank of Mum & Dad” to put their housing finances on a firmer footing.[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]

    The research found that the younger the age group, the more likely they are to have received financial help. Over half of 18-24 year old homeowners received money either towards their purchase or to help with home loan repayments, compared to 38% of 35-44 year olds and only 22% of those aged over 55.

    CEO of MyCRA Credit Rating Repair, Graham Doessel says in some cases putting up a deposit is not enough, and the parent is required to go guarantor or put up equity to secure the loan for their child.

    But the danger for parents is that their credit rating is then linked with the credit rating of their child through a loan like this, despite parents having little control over the outcome of repayments.

    “If for some reason repayments are not met, the parent becomes liable for this debt, and may be defaulted along with the child. Unfortunately they may not be aware the loan is or was in default until such time as they attempt to take out credit for themselves and are refused,” Mr Doessel says.

    He says a negative entry on a person’s credit report will mean it is difficult to get credit. He says defaults impact the ability to obtain credit for 5 years, and even too many late payment notations may make things difficult for 2 years.

    “In cases of significant arrears, the bank begins to use the property the guarantor put forward as collateral to recover lost debts. The guarantor is in danger of losing their home,” he says.

    He suggests parents considering going guarantor on their child’s loan should sit down and ask some tough questions before committing.

    “The most important question parents need to be asking is ‘could we make the repayments on this loan should our child be unable to?’ If in doubt, don’t risk your good name to guarantee the loan,” Mr Doessel says.

    With ING reporting that three-quarters of Australians still agree it’s better to buy than rent, Mr Doessel says parent equity and guaranteed loans may continue to rise.

    He recommends parents take some things into consideration before signing off on the loan:

    1. Seek independant and or legal advice prior to any agreement being made.

    2. Insist there is safety net for anything that may go wrong during the term of the loan, such as life insurance and income protection insurance.

    3. Set a specific amount that will be guaranteed.

    4. Ensure there is an ending to the time period of the guarantee.

    5. Request a copy of all bank statements during the course of the guarantee, so that parents are aware of any late payments. This way, payment problems can be addressed prior to any defaults, and while the parent’s good credit rating is still intact.

    /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. Office 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.brokernews.com.au/article/aussies-fear-next-generation-wont-be-able-to-afford-to-buy-homes-147718.aspx

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

  • Protection essential to combat identity theft in Australia

    Why is protecting yourself against identity theft so important? Because in this day and age, identity theft is no longer an avenue simply for criminals to “skip town” under your name, but has also become a lucrative business for those criminals who are interested in fraud. A seemingly perfect, often anonymous crime with very long arms, identity theft can not only see you losing your money, but also see you lumbered with bad credit history. And often you don’t even know it has occurred until you try to take out credit in your own right and are refused.

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

    The President of the Law Society in South Australia, Ralph Bonig has written an article for Adelaide Now titled ‘In today’s hi-tech world, identity protection is the best option.’  In it, he reflects on recent events involving identity theft, including the new penalties for identity theft, and recent surveys on the scope of the problem here in Australia. He warns that with more electronic transactions comes more opportunities for illegal use of personal data.

    “With the increase in international terrorism, law enforcement agencies have focused their efforts on identifying and combating identity fraud as an adjunct to anti-terrorism measures.

    However, the exchange of personal information through technology has meant that identity theft is no longer just the province of organised criminals and/or terrorists but also now occurs on a smaller, random scale.

    In June this year, the federal Attorney-General’s Department released a report based on a randomised survey on identity theft.

    Of the survey respondents who had been the subject of identity theft, 57 per cent reported that it had occurred via the internet, 35 per cent as a result of a stolen credit card and 18 per cent by mail theft,” he writes.

    He goes on to help readers with a number of ways they may be able to protect themselves, including avoiding public computers; ensuring they have strong passwords which are routinely changed; only providing the minimum amount of personal information that is required during transactions; keeping their mailbox locked; and destroying personal documents.

    What is most interesting is his take on why we should be stepping up protection against identity theft:

    “South Australia, the Criminal Law Consolidation Act contains a number of sections which deal specifically with identity theft.

    It is illegal to assume a false identity for the purposes of committing a criminal offence.

    It is also illegal to use someone else’s personal information in order to commit a criminal offence.

    Creating false identification material and/or trading in it is also illegal.

    There are separate offences relating to the improper use of computers and information obtained via a computer and corresponding federal laws in the Crimes Act.

    What the law does not address and what is extremely difficult to redress is the effect on your credit card rating and the unmeasurable cost of replacing stolen material or re-establishing your bona fides.

    Once again, the best course of action is protection.”

    This difficulty in resurrecting the life you had before, your good name is what we want to warn people about.

    Firstly, you may not know you have been caught out until you attempt to take out credit and are refused. Secondly, when you do find out, you may find recovery extremely hard.

    As with any other unfair or disputable credit listing, the onus is on the credit file holder to prove that the listing has been placed unlawfully, and therefore should be removed. If you are an identity theft victim, you are now faced with proving that it was not you that initiated the credit in the first place, in order to prove to the Credit Providers that the listing is incorrect. This takes lots of negotiating and documentary evidence.

    The difficulty with this can be when

    a) you do not know exactly how the identity theft occurred and/or
    b) it occurred long before you were made aware of it and you have lost crucial documents or
    c) because of either one of these issues you don’t have a Police report

    If you have just found out you are a victim (however small), we recommend you also contact the Police immediately. Some fraudsters do test amounts prior to a large scale transaction.

    Don’t be embarrassed – it is only through identity theft being reported that data gets collected and appropriate preventative measures eventually get put in place. And besides, most Credit Providers will require at minimum a Police report.

    Many identity theft victims seek the help of a third party, such as a credit rating repairer to help with putting a case to the Credit Provider for removing the credit listing/s. A credit repairer can help you to clear your credit file and restore the financial freedom you rightly deserve. The reason a credit repairer is usually so successful in removing your credit file defaults, is their knowledge of legislation and ability to negotiate a successful case on your behalf.

    For more information, contact a Credit Repair Advisor at MyCRA Credit Rating Repairs on 1300 667 218 or visit the main website www.mycra.com.au.

    Image: David Castillo Dominici/ www.FreeDigitalPhotos.net

  • Consumer groups push for changes to new credit laws

    In a final attempt to plead for correction of what many are calling some glaring mistakes for consumers within Australia’s new credit laws, a coalition of consumer groups is urging the Federal Government to make some changes before they pass the Privacy Amendments (Enhancing Privacy Protection) Bill 2012. We look at what this group is proposing, and how the new laws, if they are passed as is, could affect you and your credit history.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs

    A coalition of consumer groups is hoping the Federal Government will make some changes to their new credit reporting laws prior to the Bill’s passing by both houses. One aspect they are opposed to is the minimum debt amount for credit listings – which currently stands at $100 .Various recommendations to increase the minimum amount were submitted to The Senate Legal and Constitutional Affairs Legislation Committee recently. Consumer groups believe the minimum should be increased to $500.

    The consumer groups are: Financial Counselling Australia, Australian Privacy Foundation, Consumer Credit Legal Centre NSW, Consumer Action Law Centre

    Here is an excerpt from the group’s media release, which featured on Financial Counselling Australia’s website Small debts lead to big problems:

    Spokesperson Kat Lane of Consumer Credit Legal Centre, said ‘under the current proposal someone’s ability to access a home loan could be ruined by one overdue electricity or phone bill.’

    ‘It’s easy to fall 60 days behind on an energy bill—it could be something as simple as the bill being sent to the wrong address or the account holder being away from home for an extended period. I don’t think many people would think this should affect someone’s ability to get a home loan,’ said Ms Lane.

    ‘If the amount for which someone could have a default listed on their credit report was increased to $500, people would be far less likely to be overly penalised for one overdue bill or for making one simple mistake.’

    Ms Lane said many small debts listed on credit reports were utility or phone debts and didn’t necessarily reflect a person’s suitability for credit. She also said that smaller debts, such as phone or utility debts, are often disputed by consumers.

    ‘We’d hate to see someone’s credit history affected because of an outstanding bill which they don’t even owe. Billing mistakes do happen and, as the Government’s plan currently stands, these small mistakes could have big consequences.’

    The group is also concerned about the additional information which will be available to lenders once the new laws are introduced, and particularly repayment information. They recommend the Government do more to educate consumers on their rights and obligations under the new laws:

    ‘If comprehensive credit reporting is introduced, Government and industry needs to make efforts to explain the new regime to consumers, especially that repayment information such as whether you repay your loans on time each month will be now listed on credit reports, and consumers’ rights to make complaints if there are disputes,’ Ms Lane says.

    We agree with the group’s proposals in the interests of consumer rights. The Government must do more to educate consumers on their rights if they are going to insist that more information about them be made available to lenders. In my experience, many consumers collectively:

    1. Do not know they can apply for a free credit check every year.

    2. Do not know that their credit file could contain errors and that they are responsible for ensuring their credit file accurate.

    3. Are not finding out they have credit listings in many cases until they apply for major credit and are refused.

    4. Are suffering mistakes with their credit listings which they have very little knowledge of how to rectify – this can go from a disputed bill, right through to blatant mistakes such as wrong names and wrong addresses.

    5. Do not know that if they pay a bill late in the very near future, that this could impact their ability to obtain.

    6. Have had very little explanation from the Government on precisely how correcting credit file mistakes will be made easier with the new credit laws

    We wait in hope that many of the current issues will be rectified following the introduction of these new credit laws. In the meantime, we will continue to try to educate consumers on how to navigate Australia’s credit reporting laws, and continue to insist on credit reporting accuracy by contesting disputable credit listings on behalf of our clients though our business of credit repair.

    For more information on credit repair, contact a Credit Repair Advisor on 1300 667 218 or visit our main website www.mycra.com.au.

    Image: renjith krishnan/ www.FreeDigitalPhotos.net

     

  • For those about to default on their home loan

    A recent survey on Australian Mortgage Stress has revealed a fifth of first home owners risk defaulting on their mortgage in the next few months – are you one of them? We look at who might be vulnerable to mortgage stress, why you want to avoid defaulting on your home loan, and what you can do to prevent things reaching that stage.

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

    An ‘Australian Mortgage Stress Analysis’ survey released last week shows almost 20% of the 26,000 Australian households surveyed were under mortgage stress.

    The results from Digital Finance Analytics (DFA) showed 16% of those homeowners surveyed currently fall into the ‘severe mortgage stress’ category.

    Those in Tasmania are leading the crisis with 17.2 per cent falling behind in repayments, being driven to refinance or pressured by banks to sell. This was closely followed by Northern Territory (17 per cent), New South Wales and South Australia (both 16. 4 per cent), Victoria and Queensland (both 16 per cent), ACT (15.2 per cent), and Western Australia (14.4).

    Digital Finance Analytics says rising household costs and budget blow outs can land first-home buyers in hot water.

    The survey showed the number of suburban homes in the severe mortgage stress category will rise by 4000 from 43,600 by June 30 next year.

    How could I be affected by defaulting on my home loan?

    Obviously, if you default on your mortgage for a certain period of time, you risk the bank taking the home. But even if you default once, but then begin to make up the repayments you are still putting your future at risk.

    If you fail to make repayments on our loan past 60 days, the bank will make a notation on your credit file – a ‘default’ credit listing. Once you have a default against your name – it will stay there for 5 years. The intention of adding default credit listings to credit history is to warn future credit providers you would potentially have trouble keeping up with repayments. Likewise, as part of ‘responsible lending’ it would mean the credit provider would be acting irresponsibly to lend you money – so most don’t.

    A default on your credit file means you have very little access to mainstream credit for the five year term. If you really need to borrow money – you may be able to get a non-conforming loan – but that’s going to be at a much much higher interest rate. You may also find it difficult to access all secondary forms of credit – such as mobile phone plans, credit cards and store credit. This is how people end up going for alternative loans and paying massive amounts of interest. If you fall into this cycle (and sometimes there can be no choice) you can often end up getting into more and more debt without the funds to climb out of it.

    This credit lockdown is the very reason why people with legitimate credit rating errors seek help through a credit repairer, and fight so hard to have those credit listings which shouldn’t be there removed from their credit file. Our society works on credit, so it is often very difficult to live with defaults or other adverse listings on your credit file.

    So to avoid this ‘debt cycle’ through living with defaults on your credit file, what you want to do is avoid defaulting on your home loan (or indeed any other forms of credit) at all costs.

    What can I do if I am experiencing mortgage stress?

    Yesterday Sydney Morning Herald’s Money section featured some great advice for people in the situation of mortgage stress in their story Tell them to cut you a break. The article gives you some great practical tips on what to do to reduce the size of your mortgage payments, which should hopefully help to reduce the strain on your household and allow you to get back on track without resorting to missed payments.

    The article was all about speaking up, and asking the banks for what you need. Recently there have been some big moves to increase competition in the mortgage market place, through for instance banning exit fees. This may mean your bank is more willing to reduce your interest rate:

    If your loan is with a big bank and you’re paying the advertised interest rate, you’re being ripped off. It used to be that customers who knew to ask could secure 70 basis points off that rate, but in recent competitive times, that discount has leapt to as much as 100 basis points.

    You won’t be able to get any reduction from one of the new breed of online lenders; it’s their cut-price rates that are forcing discounting elsewhere. But banks, and even some building societies and credit unions, will have wiggle room. The beauty of this information is that you could use it to make an instant saving with your lender, sparing you from having to remortgage.

    Be warned, though: getting the full 1 per cent might require a genuine threat to leave. And even then, you may have to play the ”I’m a long-term, loyal customer” card, the SMH article says.

    If this doesn’t work – the article advises threatening to leave (but beware exit fees if your loan was taken out prior to Jul 1, 2011).

    A report by the Australian Securities and Investments Commission found that more than 50 per cent of people who complained about an early-termination fee saw it reduced or waived. However, the survey of 20 lenders found fees were still levied in 75,000 cases between July 1, 2010, and February 15 last year.

    So it’s the knowledge of the deals banks are doing that will save you.

    If you are in severe financial strife which won’t be helped with a slightly reduced interest rate – then it’s time to tell put up your hand and tell your bank.

    ”No way – keep it quiet for as long as possible,” I hear you say, and I understand that rationale. But you also have to realise that your lender doesn’t want you to default. They’ll lose all that lovely interest you’ve signed up to pay, and if the situation becomes so drastic that they sell your house from under you, the price they’ll fetch will be paltry.

    The lenders will help you – with revised repayment schedules, spreading them over a fresh 25 or 30 years, and even with interest-rate discounts – because it’s in their interests to do so. What’s more, they made a commitment to the government during the GFC to go easy on borrowers in distress. And today, they’re under more political and public scrutiny than ever,” the same article said.

    How do I apply for a revised repayment schedule with my bank to avoid a default?

    Firstly, you need to make it clear to your bank that you fear if you aren’t able to restructure your home loan repayments that you will fall into arrears. If you have a situation of temporary difficulty, such as unemployment, illness, injury or other reasonable issue which would mean making repayments will be difficult, this is essential to do. You will be requesting a financial hardship variation to your repayments. This may mean your repayments are reduced accordingly and the lender may take action to stop a potential default on your credit file.

    Tips for Applying for financial hardship

    – Work out what you can afford to pay prior to requesting a hardship variation. 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. Could burying your head in the sand be the main reason why you find yourself in this situation in the first place? If so, it would be a great idea to seek professional help in managing your budget for your entire future. The best place to start looking for some help would be ASIC’s MoneySmart Website. If you feel like you’ll struggle across a number of credit areas in the short term – consider requesting a reduced payment for other credit accounts as well.

    – 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.

    – 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.

    – 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.

    A rethink about money

    If you have been accepted for a hardship variation – and you don’t end up with a default on your credit file, consider that you have dodged a bullet. But are you sure you won’t get into any kind of credit stress in the future? This whole episode will be worth it if you are able to learn from what’s happened. My advice on avoiding future defaults? Overhaul your finances and 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.  Unfortunately this doesn’t guarantee that mistakes won’t happen with your credit file, but it will guarantee that a negative credit listing won’t make its way to your credit file through any fault of your own.

    For help with disputing credit listings which you consider unfair – including where instances of financial hardship have not been recognised – contact a Credit Repair Advisor on 1300 667 218 or visit the main site www.mycra.com.au for more details on your possible suitability for credit repair.

    Image: digitalart/ www.FreeDigitalPhotos.net

    Survey statistics courtesy of Herald Sun Article: First time buyers at risk of home loss

  • New Credit Laws Pass House of Representatives

    Australia’s new Privacy Laws, which include a credit reporting law overhaul are coming to fruition. Amendments to the Privacy Act 1988 passed through the House of Representatives yesterday. What will this mean for you, your credit file and will it make it easier to remove bad credit?

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

    The Attorney-General announced late yesterday that the House of Representatives had passed reforms to the Privacy Act 1988. The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 – which includes major amendments to Australia’s credit reporting laws –will now be introduced in the Senate where it is currently being considered by the Senate Legal and Constitutional Affairs Legislation Committee. The Government may make further amendments in the Senate in response to the Senate Legal and Constitutional Committee’s report, which is due to report shortly.

    “The House Committee has found that the reforms should be passed in their current form and the Government has moved quickly to implement those wishes,” Attorney-General Nicola Roxon said in a statement to the media yesterday.

    Ms Roxon says the reforms will focus on giving power back to consumers over how organisations use their personal information. The power will be extended to consumers in the area of credit reporting.

    “These changes will also provide much more power to consumers to be able to access and, if necessary, correct their credit reports,” Ms Roxon said.

    Through the reforms the powers of the Privacy Commissioner’s will also be enhanced to improve the Commissioner’s ability to resolve complaints, conduct investigations and promote privacy compliance. For example, the Commissioner will also be able to apply to the court for a civil penalty order against organisations for credit reporting breaches. Penalties for an individual range $2,200 to $220,000 and for a company they range from $110,000 to $1.1 million.

    We welcome the changes in the area of credit file correction. The new laws will most importantly enable consumers to force their Creditor to justify a disputed listing; and give consequences for credit reporting breaches. This is important in correcting credit listing complaints.

    Whilst the changes should make a positive difference in ease of correction, what can make or break a credit listing complaint – is the individual’s knowledge of credit reporting law. In order to make a successful complaint to justify removing a credit listing, the individual must show that the Creditor has unlawfully listed it. The complainant must also be able to give evidence to show how that occurred, which means providing supporting documentation from the Creditor– which can also be difficult for the individual to obtain. Then there’s marrying the two together. Then, there’s negotiating with the Creditor.

    All of these aspects of disputing a credit listing could still see a valid complaint come unstuck if not performed correctly.

    In addition to this, there are a myriad of reasons why a credit listing may be unlawful which are not immediately evident by the individual. Creditors can and do make mistakes with credit reporting. They don’t give the right notification to the consumer; they don’t give them adequate time to remedy the arrears; they don’t update contact details for the client; they don’t get the account right in the first place.

    So it will still give you the best chance of having a disputed credit listing fall in your favour if you open your options, solidify your case, and have the matter handled by a professional credit repairer. But it will be important to choose the right kind of credit repair and make sure you’re looked after each step of the way. Visit our main site for more details www.mycra.com.au or contact a Credit Repair Advisor on 1300 667 218.

    Image: Salvatore Vuono/ www.FreeDigitalPhotos.net