MyCRA Specialist Credit Repair Lawyers

Tag: financial hardship variation

  • Credit survey shows mobile bill a priority at expense of mortgage

    late paymentA NewsPoll survey sponsored by credit reporting agency, Dun & Bradstreet has found that financially strapped consumers would forego paying their mortgage before they skipped paying their mobile phone bill. We look at the details of this survey and the ramifications for their credit file if people choose this path in reality when they are under financial stress.

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

    The Age published a story The Hard Truth on Credit Reports on Sunday, detailing the results of this survey sponsored by Dun & Bradstreet. We look at an excerpt from it:

    Newspoll asked 1200 consumers which bills they would not pay if they did not have enough money to meet their financial obligations. The mortgage is the most-nominated expense for non-payment, followed by pay TV subscriptions. More consumers would forgo payments on the mortgage, pay TV and electricity before they stopped paying their mobile phone bills.

    The survey, sponsored by credit reporting agency Dun & Bradstreet, goes against the accepted wisdom that most people would think it essential to keep paying the mortgage on time. Steve Brown, head of the consumer credit bureau at Dun & Bradstreet, says the results are probably explained by the fact consumers think about the consequences of not making their financial obligations.

    ”They are looking at how their lifestyle would be affected,” he says. ”With the mortgage, the reality is nothing is likely to happen for months,” Brown says. That is because there are processes that have to be followed by a lender before the house can be repossessed and the lender is going to negotiate first with the borrower.

    Brown says another factor could be that delaying a mortgage payment ”frees up” more cash than not paying some of the other household bills. Many people probably feel they cannot do without the mobile phone, he says. The pay-TV subscription, he says, is probably regarded as a bit of a luxury.

    Whilst these suggestions from Mr Brown are fair assumptions, one of the other reasons consumers could be nominating their mobile phone bills would be paid on time over their mortgage could also be to do with the long history of difficulties associated with dealing with telcos in situations of financial difficulty. Perhaps there is the perception that banks would be fairer in their approach to difficulties, and easier to deal with than telcos in these situations. Consumers have in the past experienced problems with customer service with telcos. The multitude of complaints in this area resulted in a major inquiry by the Australian Communications and Media Authority (ACMA) and the report – Reconnecting the Customer. (The telco industry has since developed a Telecommunications Consumer Protections (TCP) Code which came into effect on 1 September 2012).

    The other thing this report reveals is a lack of awareness across the board of current laws around reporting of late payments on Australian credit reports.

    If you are in real financial difficulty – try to sort it out with all of your Credit Providers prior to being late with any bill payment. But if you were to choose which credit account to miss paying – don’t make it the mortgage or credit card!

    Here are the current rules governing Australian credit reports:

    Repayments to licenced Credit Providers – including payments due for mortgages, credit cards and other licenced credit must be made on time. If you are more than 5 days in arrears with these payments, a late payment notation will be recorded against your name. This has been happening in Australia as of December 2012 and will show on your credit report as of March 2014. Late payments will be erased after two years. If you are more than 60 days in arrears on any account – including licenced credit, mobile phones and utilities, you will have a default recorded against your name. Defaults will be erased after five years.

     Brown says about 85 per cent of people have no reportable problems under the present system. Another 5 per cent have multiple incidents of payment defaults.

    The remaining 10 per cent have had a ”bump in the road”, Brown says. They will have missed payments due to a life event, such as losing their job or because of an ill partner, but will have since returned their finances to good order.

    Brown says the extra information will help the 10 per cent who have had occasional problems to restore their credit worthiness more quickly. However, there are some individuals who are ”teetering” on defaulting but are receiving more credit because lenders are not seeing the fuller picture.

    ”Some of the 85 per cent who do not have any reportable problems under the current reporting system are, in fact, overcommitted,” Brown says. They may find it harder to get credit under the new regime, he says.

    While the intention of the legislation may be to weed out “overcommitted” borrowers, we have long argued since the repayment history legislation was first in the pipeline that the reporting of late payments will mean those who have even one late payment will be subject to higher interest rate charges while the repayment history information sits on their credit file. We will be watching this phenomenon closely as it unfolds as of March 2014. We hope this new information won’t be a tool to charge higher interest rates to borrowers who have had a “bump in the road” or who have even just missed a repayment due to life circumstances such as holidays, or missed bills and is just used as it is intended – to seek out the overcommitted who are constantly teetering on default.

    How to Handle a “Bump In The Road” under the New Laws.

    For those people suffering temporary debt stress, there is now a large incentive to talk to your bank.

    If you are suddenly unemployed, fall ill, separate from your spouse or have a period of intense debt stress – you should know there are laws that may be able to help you through this difficult time. By putting your hand up early– before your accounts go into arrears – you could save your credit file.

    If you are experiencing temporary financial hardship you should contact your bank or building society or other Credit Provider and ask to speak with the Financial Hardship Variation Team.

    Using the specific words ‘financial hardship’ will help make it clear to the bank what you need. Ideally, act before you fall into arrears on your account – to save your credit file when you recover from this difficult time.

    They may make arrangements with you to get you over this temporary bump in the road, which could include reducing repayments, or freezing repayments for a period of time. To find out more, read the Australian Bankers’ Association’s Factsheet on financial hardship.

    To access more information about your credit file, contact MyCRA on 1300 667 218 or visit our website www.mycra.com.au.

    Image: Naypong/www.FreeDigitalPhotos.net

  • Suffering financial hardship? Speak up early to protect your credit rating.

    Media Release

    temporary financial hardshipSuffering financial hardship? Speak up early to protect your credit rating.

    6 June 2013

    Temporary financial difficulty has in the past led to accounts in default and years of restrictions to mainstream credit – but a consumer advocate says by acting early and taking advantage of new financial hardship laws, a bump in the road doesn’t have to mean you can’t borrow again.

    CEO of MyCRA Credit Rating Repair, Graham Doessel says for those people suffering temporary financial problems, there is now a large incentive to talk to your bank.

    “If you suddenly lose your job, fall ill, separate from your spouse or have a specific period of intense financial difficulty – you should know there are laws that may be able to help you through this difficult time. By putting your hand up early– before your accounts go into arrears – you could save your credit file,” Mr Doessel explains.

    This comes after the Australian Bankers’ Association (ABA) have this week embraced new financial hardship laws designed to protect consumers during times of temporary financial hardship, committing to a financial hardship package around consumer awarenesss.

    Steven Münchenberg, Chief Executive of the ABA, said in a statement to the media on Tuesday[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] : “Our research tells us that only one in four bank customers know that banks offer hardship assistance. We would like to change that.”

    “If customers find themselves in financial difficulty, they need to take some action because money troubles don’t usually go away on their own. Don’t ignore the problem and talk to your bank as early as you can. Customers can also call an independent financial counsellor or ask your bank for a referral to an independent financial counsellor.”

    Mr Doessel agrees consumers have largely not been aware. He says he has helped many clients in the past dispute credit listings issued during a time of financial hardship, but he hopes that due to the ABA and banks playing a more proactive role in education, this will no longer be as prevalent.

    “In the past consumers have not been offered hardship variations with their bank, or they have not been aware they have a right to request one and have been defaulted – this locks them out of mainstream credit for five years,” he says.

    “If consumers are largely aware of their rights – then then they will request a variation to their credit agreement early and can avoid the long term consequences for what is often a very temporary issue.”

    He says the earlier consumers act, the better off they will be.

    “If they are able to secure a hardship variation prior to their account going into arrears at all, they may also avoid having the new late payment history recorded against their name, which could impact credit worthiness,” he says.

    Consumers experiencing temporary financial hardship should contact their bank and ask to speak with the Financial Hardship Variation division

    “Using the specific words ‘financial hardship’ will help make it clear to the bank what you need. Ideally, act before you fall into arrears on your account – to save your credit file when you recover from this difficult time,” Mr Doessel says.

    /ENDS.

    Please contact:

    Graham Doessel CEO Ph 3124 7133

    Lisa Brewster Media Relations media@mycra.com.au

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

    MyCRA Credit Repair 246 Stafford Rd, STAFFORD Qld

    MyCRA is Australia’s number one in credit rating repairs. We permanently remove defaults from credit files. CEO of MyCRA Graham Doessel is a frequent consumer spokesperson for credit reporting issues and is a founding member of the Credit Repair Industry Association of Australasia.

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  • A New Year’s Resolution: Make 2013 Your Best Money Year Yet

    New Year's Resolution 2013What is your New Year’s Resolution? Is it to clear your debts and get better with your finances? If so, here are some practical, positive steps you can take to get your finances off to a great start in 2013 and improve how you deal with money forever. Reduce your chances of bad credit history.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repair and www.fixmybadcredit.com.au, https://www.facebook.com/FixMyBadCredit.com.au

    1. Get your head around it.

    It’s important to get your head around your new money plan, and that might require some inspiration. Grab a copy of a book by a well-recommended finance author and adopt some new methods to make money and credit work for you, not against you.

    Here are 5 great finance books to get you started, but of course there are many, many more:

    1. Rich Dad, Poor Dad by Robert Kiyosaki. He also published a book on debt in 2012, Rich Dad’s Guide to Becoming Rich Without Cutting Up Your Credit Cards: Turn “Bad Debt” into “Good Debt”

    2. The Richest Man in Babylon by George S. Clason

    3. Think & Grow Rich by Napoleon Hill

    4. Making Money by Paul Clitheroe

    5. Affluenza: When Too Much is Never Enough By Clive Hamilton and Richard Denniss

    2. Dot your i’s and cross your t’s.

    Don’t let your finances get away from you. Spend some time looking at your paperwork and make sure everything is in order. We mean everything. This is no mean feat. In fact, this is pretty hard. Do you have outstanding Super? Have you done your tax? Make a resolution to not bury your head in the sand about bills. Pay them straight away if you can or diarise their repayment. Read all of your bank and credit card statements when they come in.

    If you are not particularly organised – you may even like to resort to the ‘shoebox method’ – which is basically keeping every receipt for the week or month in a shoebox, and transferring it after that time onto a spread-sheet which allows you to track your spending and gives more focus to where you might be blowing out your budget.

    Don’t let disorganisation lead you into debt and threaten your credit rating.

    3. Understand your debt.

    Get a good handle on how much you owe. This will be much easier if you have followed step 2 well.

    Take a deep breath and tally up all of your debts. Then pick yourself off the floor and make a plan to get on top of your repayments before your credit rating suffers.

    4. Work out a repayment plan for your debts.

    Most people with significant debt generally have it stacked up on a credit card – or cards. Unfortunately most are at high interest rates which make it often impossible to get on top of. Many experts recommend switching all debt to one card with a lower interest rate, or even swapping to a personal loan.

    The best advice we can give on any loan, including credit cards is to repay above the minimum amount set by the bank – which will allow you to actually make progress on clearing the debt because you will be saving interest.

    In Finance expert David Koch’s blog post Grow Your Savings he says by far the best way to invest a small amount is to pay off debt:

    “If the $100 or $1000 is paid off the mortgage it is providing a return of 6 per cent tax-free because that’s how much you’re saving in interest.

    There aren’t many investments today giving a tax free return that high.

    Even better, use the money to pay down an outstanding credit card balance and enjoy a tax-free benefit of 10-20 per cent depending on the card,” Kochie says.

    If you don’t have the luxury of having extra money left over after pay day, and if in fact you are really going to struggle to make repayments on some of your debts, then the best thing you can do is contact your Creditor immediately. Don’t wait until you are behind in your repayments, as you run the risk of having a late payment noted against your name on your credit file, and if in arrears past 60 days, you will be listed with a default on your credit file.

    If you use the words ‘Financial Hardship Variation’ your Creditor will consult with you to work out a new arrangement under these Financial Hardship provisions. They are not obligated to assist you in reducing or delaying your repayments, but they are required to make an official response to your request, and if you present them with a good case as to why and how you intend to repay your debt, as little as it may be right now, you might have a good chance.

    5. Clear your credit file of errors.

    Many people find they do all the hard work of making a significant dent in their debts and start saving towards a home or car loan, only to find their past comes back to haunt them.

    You may apply for a loan, only to be refused due to credit file defaults which show up on your credit report. Basically any creditor is able to place a default on your credit file if a repayment is later than 60 days. There may be times when this has occurred and you are unaware of it.

    Whatever the situation, credit file defaults need to be treated very seriously. They are most times an instant negative for any bank who is thinking of lending you money.

    And the thing is…they hang around for 5 years. What are your financial goals 5 years from now????

    It is good financial practice to get a copy of your credit report each year, and make sure everything is as it should be. This report is FREE every year from the credit reporting agencies. You may have listings with one or more of the credit reporting agencies. There is a potential for errors to be present on your credit report.

    Credit reporting mistakes do happen, but the watchdog is YOU!

    If a default has been listed ‘unlawfully’ you have the right to request its removal from or amendment of your credit file.

    Many people get the run around from creditors when they try to do this – or they get bogged down in all the legalities.

    Unfortunately the potential is there to ruin your chances of getting the default removed if it is not handled the right way. We suggest you get a credit repairer on the case, they know the legislation and can work within it to force creditors to honour their obligations under Australian law and negotiate the removal of any errors from your credit report.

    Good luck in making this year the year you make money – and credit – work for you.

    Visit MyCRA’s main site www.mycra.com.au for more information or phone tollfree 1300 667 218.

    Image: renjith krishnan/ www.FreeDigitalPhotos.net

  • More Australians in dispute with their Creditor over financial difficulty

    Latest statistics from the Financial Ombudsman Service (FOS) indicates a rise in credit disputes and the primary driver for the upsurge according to FOS is financial difficulty. They say more people are making complaints to the Ombudsman about credit issues, and a significant portion of those credit complaints are made from people who say they are in financial difficulty. We look at what these statistics might mean, and the best course of action to take if you are having trouble making repayments on your loan.

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

    FOS released its 2011-2012 annual review of the disputes lodged against finance professionals, including mortgage brokers and loan providers recently, and the findings were published in the Australian Broker article ‘Home loan disputes contribute to FOS complaint surge’.

    The report shows that, in total, FOS accepted 25,298 disputes, up 24% on last year’s figures. Credit issues proved to be by far the most common dispute area with exactly half of all complaints (50%) accepted by FOS concerning credit. Of these, 92% related to consumer credit, including home loans.

    FOS says it believes the primary driver of this upsurge in credit disputes is a steep rise in the number of complaints lodged by people and small businesses in financial difficulty, which accounted for 54% of all credit disputes.

    “We received 8,659 financial difficulty disputes in 2011/12, up 42% on 2010/11…The continued rise in disputes about financial difficulty suggests that a growing number of Australians are struggling financially.”

    They also say that there appears to be an increasing awareness of FOS amongst the general public, which may also help to explain the rise.

    Most of the financial difficulty disputes, according to the FOS, related to consumer credit products – particularly home loans, credit cards and personal loans.

    So what could have happened in Australia to push this increase in complaints – and are more people in financial difficulty?

    It is difficult to get any concrete proof that more Australians are on struggle-street with their home loan. There are no statistics kept on the national scale of property repossessions for any given financial year on which to compare FOS’ findings to.

    But the Reserve Bank has seen it fit to make a number of rate cuts this year, which could indicate that property repossessions had been on the increase. This was certainly the case mid-year in the State of Western Australia, where the ABC reported in July, repossessions were at an all-time high. The WA Supreme Court handled 1,500 repossession applications last financial year.

    Likewise, in May this year, it was reported in the Sydney Morning Herald ‘Forced home sales rise as slowdown bites’ that the number of repossessions lodged in Victoria’s Supreme Court rose to 1696 in the 10 months to April this year.

    “If the pace is maintained, the tally will reach about 2035 for the 2011-12 year”, the article surmises.

    Filings with the NSW Supreme Court showed repossessions had risen to 2955 cases in the nine months to March 2012.

    What we know has also changed in the Australian credit landscape, is the emphasis now put on offering help rather than penalising those in financial hardship. The Government has recently legislated for what they see as a moral and legal obligation for the lender to review a request for financial hardship before they issue a default or other proceedings.

    In August this year, The Consumer Credit Legislation Amendment (Enhancements) Bill 2012 was passed, to come into effect by 1 March 2013, which will provide a debtor with a statutory right to request a hardship variation where the debtor cannot meet their obligations under a credit contract regardless of the amount of credit that is provided under their contract.

    There will be no obligation on the Credit Provider to comply with this request, but they must have issued written notification of their refusal to comply with a hardship request prior to enforcement proceedings.

    This coming change would have meant in the 2011-12 financial year there may have been a strong push in many sectors for education around financial hardship variations, and in many cases lenders may have had an obligation to provide details of both financial hardship options, and options around dispute resolution to the appropriate Ombudsman for their case. This will certainly be the case from March next year.

    So if you are having real trouble paying your mortgage, or other significant credit, rather than wait until you are defaulted, or at worst the lender forecloses – it is important to take early action to save yourself, your home and your credit file.

    If you are sinking deeper in debt – put your hand up – you might find there is someone there to help you out of it.

    6 Tips for Applying for financial hardship

    1.  If you have a change in your circumstances – like unemployment, illness, injury or other reasonable issue you should ask for a financial hardship variation. This should be requested as soon as possible to avoid going into ‘default’ with your repayments.

    2.  Put your request in writing and keep a copy as a record.

    3. 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. 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.

    5. Do your homework first. Money Help, a website run by the Victorian State Government offers more help on how to apply for hardship with creditors in the correct way.

    They advise people to work out what they can afford to pay prior to requesting a hardship variation. They explain the benefits in applying for hardship can range from more affordable payments, to putting a stop on action towards defaulting your credit file (as well as preventing you from losing your home).

    6. 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 your hardship request or fails to respond, you can lodge a complaint with their independent dispute resolution scheme, such as the Ombudsman they are a member of.

    For more advice on debt management, visit ASIC’s Money Smart website www.moneysmart.gov.au.

    NB: This content is for general information only and should not constitute legal advice, nor replace seeking help from a professional financial advisor.

    Image 1: koratmember/ www.FreeDigitalPhotos.net.

    Image 2: graur razvan ionut/ 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

  • Why Bankruptcy and Debt Agreements should be a last resort for debt struggle

    Struggling with debt can be the worst feeling, and the weight is so heavy it can even leave people feeling lost and depressed. There are so many reasons why someone may be going under with debts, but before you go Bankrupt, or enter into a Debt Agreement, make sure you have exhausted all your options.

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

    Last week, a post on credit card debt from Savingsguide.com.au caught my interest. It covered what to do if you are in debt…deep. It explores the option of Debt Agreements.

    Debt and its ramifications is a subject close to my heart, as both a former bankrupt, former broker and now credit file repairer.

    So how did I end up bankrupt? Essentially I took the wrong advice. I declared bankruptcy when I thought it was the only option. But let me tell you, there are a host of other options out there, all of which may be a better choice long term.

    It all started when I had my promotions company. It was doing pretty well. I had some high-end contracts even securing a McDonald’s contract. But finance was not my strong point (well not then anyway!) I needed to get someone in to help me with the accounts. I brought in a mate who I thought could do that side of things for me. But over four months he ended up stealing $135,000 which I had borrowed for the business and left me broke, with no way to make loan repayments.

    I sought legal advice straight away, and was told my only option was to declare bankruptcy. This didn’t sit well with me, but up to my eyeballs in debt, I reluctantly proceeded with it.

    I was then chatting with another lawyer, who said it didn’t have to be my only option. I rushed to attempt to have the bankruptcy halted or reversed, but it was no use. After to-ing and fro-ing with the authorities, it turned out I was stuck in the bankruptcy until the end of the term (three years).

    I couldn’t believe there could be such conflicting advice out there especially at a time of significant financial stress.

    So what did I learn about this experience, along with the knowledge gained as a broker and a credit repairer that can help you in a situation of debt?

    What It Means To Have a Bankruptcy Notation

    Both Bankruptcy and Debt Agreements – Part IX and Part 9 are an act of bankruptcy and fall under the Bankruptcy Act 1966. Because of this, both types of agreements will be noted on your credit file for 7 years which impacts your ability to obtain credit during this period. But what’s more, you will be given a Bankruptcy number, which remains part of your credit history for life.

    This Bankruptcy or related notation, will be a permanent record on your NPII (National Personal Insolvency Index).

    Having this in your past can also be disadvantageous to you in other situations. You could be asked whether you have ever had a Bankruptcy or Debt Agreement notation on your credit file at job interviews, in business situations, when being party to different organisations, when you apply for credit, even when trying to get a mobile phone on a plan –  and answering incorrectly constitutes fraud.

    So what are some solutions for people in deep doo doo other than entering Bankruptcy or Debt Agreements?

    Talk to your creditors

    I can’t stress how important it is to not bury your head in the sand in these situations. Talk to your Creditor about what they can do to help you.

    If Creditors have not commenced legal action yet, you may be entitled to relief under hardship provisions. It is essential to investigate this option.

    Most creditors don’t want you to go bankrupt. Most are willing to help you work out some kind of payment plan. If you tell them about your ‘financial hardship’ circumstances, and use those words, asking for a variation in your payments they will often accommodate you.

    In fact, with new laws having just been passed in Parliament this week, from March 2013 this process will be much easier and generally it is encouraged as a deterrent to any kind of credit file blemish or prior to someone having a court Judgment or a last resort-Bankruptcy filed against them. See more info on the Consumer Credit Legislation Amendment (Enhancements) Bill 2012 and what the benefits might be for you.

    Money Help, a website run by the Victorian State Government offers some help on how to apply for financial hardship variation with creditors in the correct way.

    “If you wish to ask for hardship consideration, it is always better to put your request in writing as this means you can keep a copy of the request as a record. It is more difficult to prove the details of a request made by phone. If you entered into your loan agreement after July 1 2010, or if your debt relates to a credit card, then your credit provider must respond to you within 21 days of your application.”

    Money Help advises people to work out what they can afford to pay prior to requesting a financial hardship variation. They explain the benefits in applying for hardship can range from more affordable payments, to putting a stop on action towards defaulting your credit file.

    My extra tip is for you to make it clear to the creditor what you are requesting. It would be a good idea to specifically request a ‘financial hardship’ variation to your repayments – in writing, so there is no confusion.

    If the Creditor refuses to consider your variation request, you may be able to contact the Ombudsman Service for the Creditor’s industry to escalate your request.

    What about if the creditor has already issued a default?

    If despite sorting out varied terms in your repayments with your creditor (which you are currently making), you find you have a default on your credit file, you may have grounds to request its removal.

    Basically, if a default has been issued which you believe is unjust, unfair, in error or shouldn’t be there, you have the right under Australian credit reporting legislation to have the inconsistency rectified.

    The problem with seeking redress as an individual is two-fold. Firstly, without extensive knowledge of credit reporting legislation it can be difficult to enforce ruling that creditors are bound with without knowledge of what the rules are.

    Secondly, people negotiating on their own behalf can run into problems in many cases. People have often attempted to remove the default themselves, and have been told defaults DONT EVER get removed. The best they can do is mark the listing as paid (if it’s been paid).

    Alternatively, a professional credit rating repairer works with creditors to negotiate on your behalf and work for the best outcome based on the creditor’s compliancy with the current legislation. They will also look at any other extenuating circumstances to determine if there is an avenue that can be investigated which results in having the listing removed.

    Contact us for more information at www.mycra.com.au or tollfree on 1300 667 218 for consultation with a professional credit rating repairer.

    Sacrifice and struggle is better than bankruptcy

    Some people prefer to just write off the debt, declare bankruptcy and not go through the struggle of making repayments on the debt, but let me tell you, looking for a reduction in payments or settling the debt at a lower amount is an option preferred by many Creditors, and should be preferred by you.

    Firstly, you may be able to avoid a Default or Judgment on your credit file, meaning when you’re back on your feet you might be able to borrow again and secondly, more doors are open for you in terms of job and business opportunitites without having that notation on your NPII.

    If legal proceedings have commenced it may not be lost

    Even if a Judgment has been filed against you, you still may be able to work something out with the Creditor in terms of repayments. You may be able to file an application for an Instalment Order, which gives you time to repay the debt and or ask for a reduced settlement.

    Please Note – This information is provided to help you in your research into debt management and should not constitute legal advice or replace getting professional financial advice from a financial counsellor. The Australian Competition and Consumer Commission Website directs people to where to go if they need help with debt, and we encourage you to seek help from them and do more research before making any financial decisions http://www.accc.gov.au/content/index.phtml/itemId/815382

    Image 1: nuttakit/ www.FreeDigitalPhotos.net

    Image 2: Grant Cochrane/ www.FreeDigitalPhotos.net