MyCRA Specialist Credit Repair Lawyers

Tag: Graham Doessel

  • Privacy Law reform – protecting your personal information and your credit file: Privacy Awareness Week 2013

    Identity theftIdentity theft is an ever-growing threat to Australians and the commodity which is traded, sought after and misused for criminal or financial gain by fraudsters is your personal information. In amendments to the Privacy Act 1988 (Cth) which occurred late last year and which will be implemented in March 2014, there will be some improvements in Privacy Law to do with requirements on organisations to keep your personal information safe. As identity theft can also go so far as to impact on your credit file, there are also improvements suggested within the Draft Credit Reporting Code of Conduct, aimed at protecting you and your credit file against identity theft. We look at these changes and the impact they may have on you.

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

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    Personal Information in the Australian Privacy Principles

    We look at the differences in the areas of requirements by organisations in regards to personal information collection and security of personal information, as provided by the OAIC, which are set out in new Australian Privacy Principles, set to replace the current National Privacy Principles.

    Security of Personal Information

    APP 11 requires an organisation to take reasonable steps to protect the personal information it holds from interference, in addition to misuse and loss, and unauthorised access, modification and disclosure (as required by NPP 4.1).

    APP 11.1 imposes the same obligation as [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”][current] NPP 4 in relation to the protection of the personal information that an organisation holds. However, APP 11.1 now also requires organisations to protect personal information from interference.

    APP 11.2 introduces new exceptions to the requirement that an organisation take reasonable steps to destroy or de-identify personal information, once it is no longer needed for any purpose for which it may be used or disclosed in accordance with the APPs: – if it is not contained in a Commonwealth record (APP 11.2(c))[6], and – if the organisation is not required by or under an Australian law, or a court/tribunal order, to retain the information (APP 11.2(d)).[7]

    Sensitive information

    Summary of [current] NPP 10 An organisation must not collect an individual’s sensitive information unless a listed exception applies (NPP 10.1). Sensitive information is defined in s 6.

    NPP 10.2 and 10.3 set out specific exceptions regarding the collection of health information.

    Relevant APPs

    APP 3 – collection of solicited personal information

    Key differences

    APP 3 clarifies that an organisation must only collect sensitive information about an individual if the individual consents to the collection and the information is reasonably necessary for the organisation’s functions or activities, or an exception applies (APP 3.3).

    The definition of sensitive information in s 6 has been extended to include: -biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates.[14]

    Sensitive information may also be collected about an individual: -if required or authorised by or under an Australian law or a court/tribunal order (APP 3.4(a))[15] when a permitted general situation or permitted health situation applies (APP 3.4(b)-(c), s 16A).

    Permitted general situations include the collection of sensitive information where: -the entity reasonably believes that the collection is necessary to lessen or prevent a serious threat to the life, health or safety of any individual or to public health or safety, and it is unreasonable or impracticable to obtain the individual’s consent to the collection (APP 3.4(b), permitted general situation 1 (s 16A item 1)).

    This exception reflects the wording of NPP 10.1(c), but removes the requirement that the threat must be imminent. This exception also replaces the specific circumstances set out in NPP 10.1(c) in which an individual may be unable to consent, with the more general ‘unreasonable or impracticable’.

    -the entity has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the entity’s functions or activities has been, is being or may be engaged in, and the entity reasonably believes that the collection is necessary for the entity to take appropriate action in relation to the matter (APP 3.4(b), permitted general situation 2 (s 16A item 2)).

    This is a new exception in relation to the collection of sensitive information.

    the entity reasonably believes that the collection is reasonably necessary to assist any APP entity, body or person to locate a person who has been reported as missing (APP 3.4(b), permitted general situation 3 (s 16A item 3)).

    This is a new provision in relation to the collection of sensitive information.

    The permitted health situations replicate the wording of NPP 10.2 and NPP 10.3, in relation to the collection of health information for the provision of a health service and for research.

    APP 3.4(e) relates to non-profit organisations and replaces NPP 10.1(d). APP 3.4(e) permits the collection of an individual’s sensitive information by non-profit organisations where the information:

    relates to the activities of the organisation, and relates solely to the members of the organisation, or to individuals who have regular contact with the organisation in connection with its activities.

    The definition of ‘non-profit organisation’ is now included in s 6.[16] It states that a ‘non-profit organisation’ means an organisation that is a non-profit organisation, and engages in activities for cultural, recreational, political, religious, philosophical, professional, trade or trade union purposes. This definition replaces the terms ‘racial’ and ‘ethnic’ in the NPP 10.5 definition with the term ‘cultural’. In addition, it also includes in the definition organisations with a ‘recreational’ purpose.

    Identity theft and credit file protection

    The proposed new Credit Reporting Code of Conduct – currently in draft stage, has some significant new protections for victims of fraud.

    The draft code sets out the opportunity for individuals who believe they may be likely to be or have been a victim of fraud, to request a ban be placed on the use or disclosure of their credit reporting information without the individual’s consent. This is intended to combat identity theft which involves the stealing of credit through impersonating the victim and taking credit out in their name.

    Where a Credit Reporting Bureau (CRB) receives a request from a Credit Provider (CP) for credit reporting information about an individual in relation to whose credit reporting information a ban period is in effect, the CRB must inform the CP of the ban period and its effect.

    The Code also intends to give a CRB powers in these cases to seek information relevant to the individual’s fraud allegations from a CP who may have also been affected by the alleged fraud in order to both determine whether the individual has been a victim of fraud, and to decide the length of the ban period.

    Enhanced powers for the Privacy Commissioner

    Whilst we are yet to have mandatory data breach notification laws, which would require individuals to be notified by an entity which holds their information of a data breach (currently it is just encouraged that this occurs), there are some areas where the Privacy Commissioner’s powers will be strengthened.

    The Privacy Commissioner will have enhanced powers, in the areas of:

    • Ability to accept enforceable undertakings

    • Ability to seek civil penalties in the case of serious or repeated breaches of privacy

    • Ability to conduct assessments of privacy performance for both Australian government agencies and businesses.

    On 28 December 2012, section 4AA of the Crimes Act 1914 was amended to increase the amount of a penalty unit from $110 to $170.

    This means that, under the reforms to the Privacy Act due to commence on 12 March 2014, the maximum penalty amount for a serious or repeated interference with the privacy of an individual will be $340,000 for individuals and $1.7 million for entities.

    Identity theft test.

    As part of Privacy Awareness Week, you can take an online identity theft test, via the OAIC website to see how vulnerable you may be to identity theft. It examines 11 ways you could become a victim of identity theft and offers advice on ways to reduce your risk.

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  • Information Security – Is Your Business Ready for Privacy Law Reform? Privacy Awareness Week 2013

    Do you have a plan to walk your business through privacy law reforms? The Office of the Information Commissioner (OAIC) recommends businesses and government agencies who have obligations under the Privacy Act 1988 (Cth) should start planning now for the implementation of privacy law reform in March 2014. We provide you with guidance and links to the many significant aspects governing new obligations and responsibilities as a business which handles the personal information of individuals to assist you with the changes coming your way next year.

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

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    Currently, businesses covered by the Privacy Act are subject to the 10 National Privacy Principles (NPPs), while most Australian, ACT and Norfolk Island government agencies must comply with 11 Information Privacy Principles (IPPs). Under the new privacy law the IPPs and NPPs will be replaced by the new, unified, Australian Privacy Principles (APPs). This is just one of the many significant changes to the Privacy Act.

    The OAIC has outlined some questions you can ask yourself to see what your requirements may be within the new privacy laws:

    • Does your business or agency handle personal information? There are some changes to what constitutes personal information under the Privacy Act

    • Do you need to review your business or agency’s privacy policy? You should have an up-to-date policy that is reviewed regularly. The new laws set out some requirements for privacy policies

    • Do you need to review your business or agency’s outsourcing arrangements? You will need to do this particularly if you are sending personal information overseas.

    • Do you use direct marketing to reach your customers? If you do, you will need to provide an easy way for people to opt-out of receiving these communications. There are some new rules in the area of direct marketing.

    • Does your business or agency receive unsolicited personal information. There are some new rules on how to handle this information.  

    • Do your information security systems need to be reviewed and updated?

    We recommend you download the OAIC’s Guide to Information Security (PDF) – an essential document for any business or agency which establishes a requirement to protect the personal information of individuals.

    If you are directly handling personal information, see also below the OAIC’S privacy factsheet 7 on ‘Ten Steps to protect other people’s personal information’ below:

    Ten steps to protect other people’s personal information.

    The aim of this 10 step guide is to help your organisation or agency protect other people’s personal information.

    Personal information is defined in s 6 of the Privacy Act 1988 (Cth) (Privacy Act) and means information that identifies or could reasonably identify an individual. There are some obvious examples of personal information, such as a person’s name and address. Personal information can also include medical records, bank account details, photos, videos, and even information about what an individual likes, their opinions and where they work.

    The 10 step guide gives a snapshot of some of the privacy rights for individuals, and obligations that organisations and Australian, ACT and Norfolk Island Government agencies have under the Privacy Act.

    The OAIC website has more information for organisations and agencies. You can also call our Enquiries Line on 1300 363 992.

    1. Only collect information you need

    Make sure individuals know what personal information your organisation or agency collects and why. Also ensure that: each piece of information is necessary for any of the functions or activities of the organisation or agency, and the information is required in the circumstances. Sometimes, activities can be carried out without collecting personal information. This allows individuals to interact anonymously with your organisation or agency.

    2. Don’t collect personal information about an individual just because you think that information may come in handy later.

    Only collect information that is necessary at the time of collection, not because it may become necessary or useful at a later date. If you need it later, collect the information then.

    3. Tell people how you are going to handle the personal information you collect about them.

    Have a publicly available policy that tells people how you handle personal information. Also, when you collect personal information, always let people know why you need to collect the information, how you plan to use it, who you are going to give it to. Make sure they know your contact details and, if they want to, how they can get access to their personal information.

    4. Think about using personal information for a particular purpose.

    Generally, organisations should not use personal information for a secondary purpose unrelated to the main purpose for which they collected the information. Unless your organisation has consent from the individual concerned or authorisation under law, it should generally only use personal information if it is: related to the purpose your organisation collected it for, and within the reasonable expectations of the individual.

    Similarly, agencies must: only use personal information for a relevant purpose, and take reasonable steps to ensure that personal information is accurate, up to date and complete before using it.

    The OAIC website has more information on the obligations organisations and agencies have under the Privacy Act.

    5. Think before disclosing personal information

    The Privacy Act allows organisations and agencies to disclose personal information in some circumstances. Sometimes, organisations and agencies disclose personal information when they don’t need to, or without considering whether the disclosure is authorised under the Privacy Act. Always think about whether a purpose can be achieved without disclosing personal information. Good practice: Get consent from the individual if you want to disclose their personal information for a reason that is different from the reason you collected it.

    6. If people ask, give them access to the personal information you hold about them

    Organisations and agencies have a general duty to give individuals access to their personal information. Here are some things to consider: Be as open as possible by giving individuals access to their personal information in the form they request. If you deny access to personal information, give the reason — consistent with the Privacy Act — to the individual as soon as you can. An individual also has an alternative path when seeking information from an agency. If an individual seeks access under the Freedom of Information Act 1982 ((Cth)) (FOI Act), the agency is obliged to consider the request under the FOI Act rather than the Privacy Act. Access under the FOI Act may be subject to specific exemptions. This alternative applies only to agencies, not organisations. The OAIC website has more information for agencies regarding the FOI Act.

    7. Keep personal information secure

    It is important that you keep personal information safe and secure from unauthorised access, modification or disclosure and also against misuse and loss. How you do this depends on the sensitivity of the information you hold, and the circumstances of your organisation or agency. Methods could include: considering the adequacy of existing security measures and procedures, including whether any relevant standards are met training staff in privacy procedures ensuring adequate IT security, such as installing firewalls, cookie removers and anti-virus scanners on work IT systems checking that all personal information has been removed from electronic devices before you sell or destroy them keeping hard copy files in properly secured cabinets allowing staff to access personal information on a ‘need to know’ basis only regularly monitoring your information handling practices to ensure they are secure. Depending on the size of your organisation and the information it collects, it may be prudent to have an external privacy audit done.

    8. Don’t keep information you no longer need or that you no longer have to retain

    If you no longer need personal information and there is no law that says you have to retain the information, then destroy it. Shred, pulp or destroy the personal information paper records. Dispose of files in security bins. Delete electronic records or files securely so that they can’t be retrieved.

    9. Keep personal information accurate and up to date

    The accuracy and currency of personal information you hold can change. Your organisation or agency needs to take reasonable steps to keep the personal information it holds current. Amend your records to reflect changes and make sure both hard copy and electronic files are updated. If you know that some personal information is likely to change regularly, go through the files periodically to ensure that your records are accurate and up to date.

    10. Consider making someone in your organisation or agency responsible for privacy

    This could be a designated person (often called a Privacy Contact Officer or Chief Privacy Officer) who: knows your organisation or agency’s responsibilities under the Privacy Act, and is willing and able to handle complaints and enquiries about the personal information handling practices of your organisation or agency. This person could also be responsible for implementing a complaint handling process, staff training programs and promoting Privacy Act compliance.

    Don’t leave privacy to chance.

    In tomorrow’s Privacy Awareness Week 2013 post – we look at the Privacy Reforms aimed at protecting individuals, and their credit file from identity theft.

  • New laws to aid in correcting your credit report: Privacy Awareness Week 2013

    correcting credit reportsThere are a number of significant changes which will impact the correction of credit reports coming through once Privacy Act 1988 (Cth) amendments are implemented in March 2014. As part of Privacy Awareness Week 2013 and this week’s theme Privacy Law Reform, we thought it would be fitting as credit repairers to stipulate those changes that may benefit consumers in the area of disputing unfair or inconsistent credit listings. There is a whole host of new information available to Credit Providers, and with this there will be an increased obligation for Credit Providers to provide accurate, up-to-date and fair information. When correcting their credit report, obviously each consumer will need to draw on different aspects of Privacy Legislation when making their case to dispute their credit listing, and this is why full knowledge of all available privacy legislation both current and new is the key to disputing credit listings. But we look at the new Australian Privacy Principles, and how they are currently interpreted in the draft Credit Reporting Code  of Conduct when it comes to access and correction of credit information.

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

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    Australian Privacy Principles

    The National Privacy Principles (NPP) has up till now been the legislation which underpins the access and correction of Australian credit reports. Come March 2014, this legislation will become the Australian Privacy Principles (APP). There have been some long awaited changes in the area of access and correction. Currently, NPP 6 covers both access and correction, and this will be split into two separate principles APP’s 12 (access) and 13 (correction) come March 2014.

    Access

    Access involves the request for individuals to access information a company holds about them, and it is an important part of Privacy legislation for credit repair. Having full access to your personal information allows you, for instance, to be privy to all the information a Credit Provider may hold about you and your account, including their client notes and their copies of documentation. To have this information is essential in order to go through and make your case for disputing a credit listing which you believe is inconsistent.

    APP 12.4 introduces a new requirement for organisations to respond to a request for access within a reasonable period, and in the manner requested by the individual, if it is reasonable and practicable to do so. This will be of great benefit to consumers, as it stipulates the requirement for timeliness when requesting information from Credit Providers. Many of our clients, and indeed individuals have experienced a significant delay in receiving, if not outright refusal to provide such information. To have a Credit Provider not provide this information can stop a case for dispute in its tracks.

    Correction

    Currently, if an individual is able to establish that their personal information is not accurate, complete and up-to-date, an organisation must take reasonable steps to correct the information (NPP 6.5). If the organisation and the individual disagree about the accuracy, completeness and currency of the information, the organisation must attach a statement to the information noting this, if the individual requests it to do so (NPP 6.6).

    Up till now, it has in many cases been difficult for individuals to establish that information is inaccurate, particularly when the Credit Provider disagrees with this claim. It has been up to the individual (or credit repairer) to go about proving the information is inconsistent.  Many individuals have no skill set for establishing proof of inaccuracy, as it requires extensive knowledge of legislation, as well the legal knowledge to negotiate with a very experienced Credit Provider.

    The Privacy Commissioner explains the finer points of new legislation to help consumers with correction in its reference material on the new Australian Privacy Principles (PDF):

    APP 13 amends the requirement in NPP 6.5 for an individual to establish that their personal information is not accurate, complete and up-to-date.

    Instead, if:

    an organisation is satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete or irrelevant or misleading, or

    the individual to whom the personal information relates requests the organisation to correct the information

    the organisation must take reasonable steps to correct the personal information to ensure that, having regard to the purpose for which it is held, it is accurate, up-to-date, complete, relevant and not misleading.

    If an organisation corrects personal information about an individual that it has previously disclosed to another APP entity, the organisation must take reasonable steps to notify the other APP entity of the correction, where that notification is requested by the individual (APP 13.2).

    APP 13.3 requires an organisation to provide an individual with written notice if it refuses to correct the personal information as requested by the individual. The written notice must set out:

    the reason for refusal (unless this would be unreasonable)

    the mechanisms available to complain about the refusal, and

    any other matter prescribed by regulation.

    If an organisation refuses to make a correction, and an individual requests that a statement be attached to the record stating that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, the organisation generally needs to attach this statement in a way that will make the statement apparent to users of the information (APP 13.4).

    APP 13.5 introduces a new requirement for an organisation to respond to a correction request within a reasonable period. The organisation must not charge the individual for making the request, for correcting the information or for associating the statement with the personal information (APP 13.5).

    So in lay-man’s terms, it will be up to the Credit Provider, if it refuses to correct the personal information requested by an individual, to provide reasons as to why it has refused to correct the credit report, and to provide direction to the consumer about how to complain if necessary. On top of this, if the Credit Provider refuses to correct a credit report, individuals may be able to request that a statement be attached to their record showing that the information is considered by them to be inconsistent.

    Credit Reporting Code of Conduct

    Interpretation of APP’s will be set out in a new Credit Reporting Code of Conduct. Currently this document is in draft stage. There are many significant points for correcting credit reports right through this document, but in the particular area of access, correction and complaint we have these changes:

    Access

    Access to information will be

    -free every 12 months

    -free if it relates to a CP’s decision to refuse credit The CRB’s free credit report must be as easy to find as the paid report CRB is required to give a basic explanation to the info it provides to individual on their credit report.

    Correction

    Can occur whether a CRB or CP is satisfied information is inconsistent, inaccurate out of date etc. Must make correction within 30 days or longer as agreed in writing by individual CRB’s or CP’s consulted by another CRB or CP about a correction requests must be responded to promptly (recommended 10 days).

    Complaint

    Must be acknowledged within 7 days and investigated and where necessary consultation with CP’s or CRB’s may occur. A decision must be made in 30 days or longer as agreed by individual in writing.

    Integrity of Credit Reporting Information

    The other significant change is in the area of auditing Credit Providers. We believe this could bring about significant positive changes within the credit reporting system. Credit reporting agencies (CRB’s) will now have the task of providing reports to the public and also to the Privacy Commissioner (who will have final say on complaints and even new powers to penalise breaches) on complaints and corrections numbers.

    CRB’s will need to publish information on the number of correction requests received, the number of corrections successful and the number of complaints by each CP. This is with the aim to maintain the integrity of credit reporting information, and to promote accountability through providing transparency in relation to corrections requests and complaints. It will tip the scales in what has often been a case of David and Goliath. Audits will we hope identify those companies who experience problems with credit reporting that could disadvantage consumers, and force some companies to undertake reasonable steps to rectify identified issues.

    In Privacy Awareness Week tomorrow, we look at the area of Data Security and how that may impact your business…

    image: digitalart/ www.FreeDigitalPhotos.net

  • Your credit check is soon to reveal all your bad habits: Privacy Awareness Week 2013.

    repayment history informationPress Release

    Your credit check is soon to reveal all your bad habits: Privacy Awareness Week 2013.

    29 April 2013

    Australians are urged to be more diligent with paying all of their bills on time, every time or face a black mark against their name as part of privacy law reforms on their way in March 2014 – and a consumer advocate for accurate credit reporting warns consumers that late payment information is being collected now.

    CEO of MyCRA Credit Rating Repair, Graham Doessel says it is important for all credit active individuals to rethink their repayment habits, or potentially face a series of late payment notations which could mean they are banned from credit in the future.

    “The time to change is now. Ensure that every bill is being paid on time – not two days late, or a week late – as come March next year – our history of paying bills late from December 2012 onward will show up when we apply for credit,” Mr Doessel warns.

    His warning comes as part of Australia’s Privacy Awareness Week 2013 which is run from 29 April to 4 May, aimed at educating individuals and businesses on matters of privacy. 2013’s theme is Privacy Law Reform – a campaign to educate Australians about changes to the Privacy Act (1988) passed on November 29 2012, which will be implemented on March 12, 2014.

    Repayment history information (RHI) is part of five new data sets which will appear on Australian credit reports, from March next year – meant to afford a more accurate picture of someone’s suitability to service a loan.

    The other four data sets are: the date on which a credit account was opened; the date on which a credit account was closed; the type of credit account opened; and the current limit of each open credit account.

    “I think late payments will be looked on pretty unfavourably when this information becomes available to lenders, along with other factors such as applying for too much credit; applying for credit too often; or applying for the ‘wrong’ type of credit,” Mr Doessel says.

    He says it is not known how much weight repayment history will be afforded on its own, but predicts lenders will be reluctant to lend to someone who presents with too many late payments – even if there are no defaults present.

    “If lenders are deciding between an application which has no late payments and one with a few scattered here and there, they’d probably choose the clear one,” he says.

    Mr Doessel says when the legislation was passed in late November, many – including himself were up in arms that RHI could be included after an account was one day late.

    “This didn’t allow for any wiggle room, and put those using systems like direct debits and BPay at risk if payments didn’t go through right on time,” he says.

    But a draft Credit Reporting Code of Conduct which will underpin the changes to the Privacy Act now allows for a 5 day grace period before RHI is recorded.

    “I am thankful that those drafting the CR Code have taken these concerns into consideration and adopted the 5 day rule for individuals – making it fairer for all,” he says.

    Mr Doessel says come March 2014, it will be more important than ever for individuals to be vigilant with checking their credit file.

    “With all the new information about people available to lenders, it is pretty crucial that it reads accurately. You can check your credit file at no charge annually by applying with Australia’s credit reporting agencies,” he says.

    Go to http://bit.ly/My-Free-Credit-File for more help to obtain your credit report.

    “Thankfully, if there are issues of inaccuracy on credit reports from March – there will be more support within the Privacy Act amendments to allow for ease of correction,” Mr Doessel says.

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    /ENDS.

    Please contact:

    Graham Doessel – CEO Ph 3124 7133

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

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

    Top image: FrameAngel/ www.FreeDigitalPhotos.net

  • Privacy Awareness Week 2013 Privacy Law Reform

    Privacy Law Reform29 April to 4 May 2013 is Privacy Awareness Week 2013 across Australia. MyCRA Credit Rating Repair are once again proud partners of PAW, and 2013’s theme “Privacy Law Reform” is especially relevant to us as credit repairers and consumer advocates for accurate credit reporting. We are taking this week to discuss the huge changes coming our way since Australia’s Privacy Act (1988) was amended in late November 2012. We look at how individuals and businesses will be impacted by new Privacy Laws, particularly in our area of focus – credit reporting and credit law, looking towards the implementation of those laws on March 12, 2014.

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

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    What is Privacy Awareness Week?

    Privacy Awareness Week (PAW) is an initiative of the Asia Pacific Privacy Authorities forum (APPA) held every year to promote awareness of privacy issues and the importance of the protection of personal information. Activities are held across the Asia Pacific region by APPA members.

    Why is MyCRA involved?

    Credit reporting is governed by the Privacy Act (1988) – so privacy issues are regulated and protected by this legislation. Credit repairers must be fluent in Privacy legislation in order to help consumers with their credit disputes.

    2013’s theme – Privacy Law Reform is a pertinent one for consumers.  MyCRA believes that every consumer should be educated on the changes coming in for them, and they affect every credit-active individual. We want to raise awareness of how an individual’s ability to obtain credit may be impacted (for better or worse) by these laws. We also want to demonstrate the changes that are coming in the way credit reporting information is handled, and how that will also impact the individual.

    What will change?

    The new laws will bring about changes in three main areas. (Courtesy of OAIC).

    The introduction of a unified set of Australian Privacy Principles (APPs). These principles will be introduced to replace the current National Privacy Principles for those private sector organisations covered by the Privacy Act and the Information Privacy Principles for Australian government agencies. There are a number of important changes with the introduction of the APPs, including in the areas of direct marketing, overseas disclosure of personal information and the handling of unsolicited information.

    The introduction of comprehensive credit reporting. These changes are designed to provide consumer credit providers with sufficient information to adequately assess credit risk while ensuring the protection of personal information, and to support responsible lending. The system will be underpinned by a new industry-agreed Credit Reporting Code of Conduct approved by the Commissioner.

    Enhanced powers for the Commissioner. These powers include enhanced powers to resolve investigations and promote privacy compliance with access to new remedy powers including enforceable undertakings and civil penalties. Also, for the first time, the Commissioner will be able to conduct Performance Assessments of private sector organisations to determine whether they are handling personal information in accordance with the new APPs, credit reporting provisions and other rules and codes. The Commissioner will be able to conduct these assessments at any time — an added incentive for organisations to ensure they are handling personal information in accordance with the Privacy Act.

    Credit reporting and Privacy

    Some of the areas of credit reporting which will undergo significant change will be:

    • New data on Australian credit reports – including repayment history information
    • Quality, security, accuracy and integrity of credit reporting information as set out in APP’s.
    • Improved ability to dispute credit listings
    • Ability to secure a credit file against identity crime
    • Penalties for breach of Privacy Act
    • A new Credit Reporting Code of Conduct – currently at Draft stage.

     

    Stay tuned every day this week to find out more about how Australia’s credit reporting law changes may affect you, your credit file and your ability to obtain credit.

    Image: Salvatore Vuono/ www.FreeDigitalPhotos.net

  • More people losing their homes due to mortgage stress

    mortgage stressStatistics are pointing to an increase in distressed sales in some areas of Australia. We look at what’s happening in the property market. We also cover what you can do if you find yourself in hot water with your mortgage so you can prevent credit defaults, and especially – losing your home to the bank or to liquidators.

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

    An alarming article showed up in Australian Broker yesterday, ‘Fresh data shows shocking number of distressed sales.’ The article revealed that nearly a quarter of all properties advertised in Australia are distressed sales. The upsetting figures were released by valuation group LandMark White. Here’s the rest of that article in full:

    The research shows Queensland accounted for a massive 54% of properties advertised by a mortgagee, receiver or liquidator during the March quarter – and the Gold Coast recorded the highest number of distressed property advertisements in the country, with 74% of its listings made by a mortgagee, receiver or liquidator in the three months to March 31 – despite recent claims the region’s housing market is back on its feet.

     Nationally, most receiver sales were in regional areas, with residential property falling just ahead of the agricultural sector.

     LandMark White found almost 23% of properties advertised in Australia during the quarter were listed by a mortgagee, receiver or liquidator.

     Of those, 19% were in the residential sector, 16% in industrial and 15%  in retail.

     Nearly 10% were in New South Wales and 15% in Victoria.

     NSW saw the most positive change, as only 7% of all properties advertised in that state were listed by a receiver or mortgagee – a record low. By comparison, the proportion in the same quarter of 2012 was 31%, according to a News Ltd report.

     Although the distressed ratio in Queensland dropped by 6%, it remains high at 39% of all property advertisements in the state. Victoria saw the smallest improvement in the distressed ratio, with a drop from 20% to 19%, which meant that for the first time in the series, Victoria had a higher ratio than NSW.

    What can I do if I am experiencing mortgage stress?

    It depends on how deep the ‘do do’ is that you’re in as to what your plan of attack will be.

    If you’re just struggling to make ends meet, but you are managing to keep up with payments (just) – then you might start looking around for a cheaper interest rate to give you a bit of savings. You could check with your bank or research other banks (but don’t make any credit applications until you’re sure) to see if you can find an interest rate that will reduce your repayments.

    Sydney Morning Herald story Tell them to cut you a break, gives great advice on making the most of bank competition to grab a cheaper 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.

    If your struggle is more serious, and you really are having trouble finding money to make repayments each month, then it’s time to tell your bank. You need to do this before you default on your home loan, to ensure you are not penalised by a default listing on your credit rating. Despite this, if you are consistently late with your mortgage payments, this will show on your credit record from next year – so it is best to make paying your mortgage or any other bank-related credit an absolute priority to avoid that late repayment history from holding you back in the future if you get back on your feet.

    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 may 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 “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.

    Is it time to sell the house?

    If your financial situation is not going away any time soon – it may be time to look at downsizing your home or even renting for a while. “Gasp, shock, horror…weren’t you trying to save my home?” you say.

    But having the power to sell your home at the best price in the current market is what you’re really trying to save. So it might pay to think seriously and clearly about whether you are going to be able to carry the loan long term.

    If you end up at the mercy of any distressed sale, you may find the banks are only interested in getting back what they are owed on the property – and through lost time, or different sales tactics, you could find you sell for a lot less than you might if you had control of the sale yourself. So as hard as it might be, you could save your credit file, and save your family thousands by letting go now.

    The above information is intended for general purposes, and should not replace getting considered and careful advice based on your individual circumstances. We recommend you seek financial counselling and or legal advice before making this type of financial decision.   

    For help with recovering your credit rating following a period of financial hardship, or help with disputing credit listings which are holding you back from obtaining credit, contact a Credit Repair Advisor at MyCRA on 1300 667 218 to talk about your situation.

    Image: artur84/ www.FreeDigitalPhotos.net

     

  • Identities at risk in the Australia Post system

    Identity theftIn the news this week it was revealed that Australia Post customers have been exposed to identity theft. On Monday a Sydney Postal Centre worker was found guilty on four charges of mail theft. The worker was caught stealing credit cards and other sensitive information for criminal contacts. Investigators are unable to say how many people’s confidential details had been compromised, having only recovered four letters. We feature this story in full from news.com.au, and look deeper at identity theft, what criminals have to gain from it, and how you and your credit file may be at risk.

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

    An Australian Government survey on identity theft, released in June 2011 by then Attorney-General Robert McLelland, revealed 1 in 6 Australians have been a victim or know someone who has been a victim of identity theft. Identity theft can happen to anyone, and it seems even if you have no Facebook account, only a minimal online presence, answer no scam phone calls and don’t unnecessarily reveal your personal information, you can still be at risk, just by your mail being compromised.

    This recent news story illustrates how easily this can occur:

    Australia Post customers at risk of identity theft after sorter stole credit cards for criminal contacts

    AUSTRALIA Post customers have been left exposed to potential scams and identity theft after a worker at a Sydney postal centre was caught stealing credit cards and other sensitive information for criminal contacts.

    Investigators are unable to say how many people’s confidential details disgraced night sorter Morris John Lilio compromised, with only four letters he lifted recovered.

    The 60-year-old had been working at the Waterloo facility since 2008 when he was nabbed on camera sneaking out eastern suburbs residents’ mail in August.

    CCTV footage of his early-morning shifts revealed him repeatedly looking around the facility before slipping mail into his jacket sleeves and leaving the building for his morning break.

    On the day he was arrested police seized several letters – one of which had a credit card inside it – all addressed to one Woollahra household hidden in a Gregory’s street directory inside a colleague’s parked car.

    Detectives also found a series of text messages on Lilio’s two mobile phones, including some from earlier in the morning when officers swooped on the thief.

    “If you ever want the guy’s signature he can get that also,” one message said, listing a man’s birthdate and phone number. “He said if he could get two really good GE (Money) or GO. Also can you please look out for tax return cheques.”

    In an earlier message Lilio wrote: “That’s all I could get this morning. 2 and u got both. But send one of girls 2 pick up.”

    “No good, reported stolen,” he was messaged back.

    Lilio told police that people had asked him to do “things I don’t want to do” after he got involved with drugs, but he denied acting on their demands for stolen mail.

    He later claimed in court that any letters seen in his jacket got there by mistake when he was putting it on for his break. But in Central Local Court last week, magistrate Mark Buscombe said Lilio’s explanation that letters had repeatedly got stuck in his clothes accidentally was “fanciful”.

    He found Lilio guilty on four charges of mail theft, adding the former Australia Post worker had told police a series of lies and the text messages clearly showed he had been stealing mail for others based on the details they sent him.

    Police admitted the bulk of the mail Lilio stole was never found and it was not known who he had passed the confidential material to.

    Australia Post spokeswoman Melanie Ward said the organisation had a “zero-tolerance” to mail-security breaches and any workers implicated were immediately sacked, although she would not say what screening processes Australia Post had in place for its staff.

    Lilio is scheduled to be sentenced next month.

    Organised crime and Identity theft

    The typical identity theft victim is an ordinary person, who just happens to have fallen prey to the vast criminal network which exists on the internet or elsewhere.

    A leading commentator on technology issues, Stilgherrian warned people of the intricacies of identity theft in the modern age in his article ‘The real cyber criminals are no lolling matter:

    “First, these crimes are committed on a vast scale. Criminal processes are orchestrated globally, automated, and supported by thousands of unwitting, disposable minions. If only a tiny percentage of people fall for scams, we’re still talking millions of dollars.

    Second, the bad guys are good at this. Really good. Blaming the victims is inappropriate. “They had it coming to them”? Really? Third, it all connects up. Fifty bucks went missing from your credit card precisely because the number had been stolen from a poorly-secured online store. The legitimate website popped up the message from the fake anti-virus product because it, too, was poorly secured and had been hacked automatically by software that probed a hundred thousand websites one night.

    Or, in the case of identity theft, when someone takes out $50,000 of loans in your name? That happens through the gradual accumulation of personal data. Your name and email address from a list stolen from a hacked website, cross-matched with your street address from another, your date of birth from a third, and so on.

    These databases can contain millions of people’s details. They’re traded in shady online markets where people buy the pieces missing from the databases they already have, merge them, refine them, mark ‘em up and sell ‘em on until eventually there’s enough to turn it all into a credit application. It’s then laundered though “money mules”, people recruited in the belief they’re making money at home with just a computer.”

    The story of this vast, global ecology of crime is both fascinating and real. So why isn’t it told?

    Well, it’s a hard story to tell. Everything’s new and different. Imagine trying to tell the story a bank hold-up if you had to first explain all the pieces as if they were brand new. Bank. Money. Gun, Trigger. Balaclava, “OK, everybody lie down on the floor and keep calm.” Getaway car.

    Global organised crime is a complex octopus. By the time you’ve explained the first sucker at the end of tentacle number one you’re up to the next ad break and everyone’s lost attention.

    The Australian Crime Commission’s CEO, John Lawler revealed at a national conference for credit professionals in September that identity crime is a “key facilitator” for organised crime groups because it is an anonymous crime which can enable significant fraud.

    “Every single person in this room and the various sectors and organisations that you represent are targets for organised crime,” he told the Conference.

    “Criminals will exploit technology to not only carry out new crimes but commit traditional crimes on a much larger scale.”

    The ACC estimates organised crime is currently costing the Australian economy at least $15 billion per annum – and that the impacts of this are significant and growing.

    Mr Lawler says the amount of personal information requested and stored online, along with the growing popularity of social networking sites, provides organised crime with a larger pool of victims and data to harvest.

     “Organised criminals seek to conduct significant research on their intended victims and tailoring their operations to target weaknesses,” he says.

    So whilst this Aussie postal worker has been caught out and that is indeed terrible – we need to take a step back and look at the bigger picture. Look at the machine he was feeding this information to. That’s the big issue. The real problem here. They can probably find many people like him to do what he did. There are probably many people willing to go through somebody’s rubbish bin for a few bucks, to steal mail out of letterboxes, to make some shady phone calls to get personal information, even to write up computer programs and online scams to trick people. Some of these fraudsters probably have no idea that they are potentially contributing to not just theft, but in the wrong hands full-blown identity theft at some point – where not only money is stolen, but credit and therefore a person’s good credit rating.

    A life turned upside down

    Recovering from identity fraud is never an easy task – and it can be fraud to the tune of a mere $300 which is as devastating to a victim’s ability to obtain credit in the future, as fraud of $300,000.  Creditors need proof the victim didn’t initiate the credit. But many people don’t know how the fraud eventuated, and even if they do there’s no guarantee they can recover their good credit rating – meaning they can be locked out of credit for the duration of the credit listing, which in the case of a default, is 5 years. Not to mention if there is a hefty debt to pay they are not responsible for.

    Early intervention is critical

    If you have ever had any type of scam or crime committed against you, the message is – be wary of what the real ramifications of that fraud could be, and take action to protect your credit file as well as your finances. Check your bank and credit card statements thoroughly – any suspect signs could mean you are at risk of identity theft. You should also order a copy of your credit report – which would indicate if your credit file has been misused or attempts have been made to obtain credit in your name.

    Contact Police immediately and also alert your Creditors and the Credit Reporting Agencies which hold your credit file if you are at all suspicious of identity theft before it leads to fraud.

    Image: nuttakit/ www.FreeDigitalPhotos.net

  • Churning – who says it’s bad?

    Press Release

    churningChurning – who says it’s bad?

    12 April 2013

    Churning for self interest is without question a highly unethical practice for a broker to perform, but a consumer advocate says when it comes to expensive credit, there can be such a thing as an ethical churn.

    CEO of MyCRA Credit Rating Repair, Graham Doessel says for clients who are currently sitting in a high interest loan, there are potentially tens of thousands of dollars which can be saved by their broker turning their loan over to mainstream credit, and he says it can happen easier than many brokers think.

    “It is often thought that if a client has bad credit, it is meant to be there, when in reality mistakes are extremely prevalent in credit reporting but it has in the past been difficult for individuals to make a case to dispute their credit listing,” Mr Doessel says.

    Traditionally clients with bad credit are steered by brokers towards the non-conforming loan market – but Mr Doessel argues they should first be given the right to have their credit listings assessed for compliance with current law.

    “A professional credit repairer will conduct an audit-like investigation on the client’s credit file – and in most cases there are compliance issues or out and out mistakes which can see the listing proven unlawful and be required to be removed from the credit file,” he says.

    He says this practice has seen his clients save thousands of dollars just in interest alone on a home loan.

    Comparison Table $400,000 loan over 30 years

    Repayment time frame Min. repayment on interest rate 10.5% Min. repayment on interest rate 6% Difference in interest paid.
    Monthly $ 3,658.96 $ 2,398.20 $ 1,260.76 
    Weekly $ 843.97 $ 553.05 $ 290.92 
    Yearly  $43,907.52 $28,778.40 $15,129.12

    Over an average three-year period in a non-conforming home loan a client with a $400,000 loan could be paying over $45,000 extra in interest.

    Mr Doessel says in these instances it is not only ethical for brokers to churn their clients, but they almost have an obligation to do so.

    “When we consider these figures, brokers are almost ethically obligated to ensure that no clients are paying this extra interest unnecessarily – which could involve going back through client databases and uncovering some of the basic circumstances surrounding the bad credit, or even more basically – by sending bad credit clients for a credit repair assessment.”

    “In the past we’ve found clients who are given that option to save themselves so much money are pretty grateful, they’re more likely to give brokers repeat business or to refer – and the advantage to using a broker becomes really evident to them,” 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.au www.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.

    Image: suphakit73/ www.FreeDigitalPhotos.net

  • Are you lying to yourself when it comes to credit?

    money liesIn this week’s ‘Make Credit Work For You’ post, we look at the lies we tell ourselves which see us taking on too much credit, or see us run into trouble with our credit file. Those lies can end up leaving us unable to pay, and blacklisted from credit for years to come. What should you be honest with yourself about when it comes to borrowing money? This post is inspired by David Koch’s recent article ‘Money lies you need to stop telling yourself’ featured on news.com.au. 

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

    According to Kochie, telling yourself financial lies is pointless. He says it’s time to toughen up and stop the lies, as these can cost us big time in the future.

    So, what things can we lie to ourselves about, that could cost us our good credit rating down the track?

    * As long as my job pays well, it’s OK if I hate it.

    Kochie says staying in a job that you hate, even if it pays well, means you don’t have your heart in it, there will be no commitment, no passion and your boss will eventually latch on.

    “Inevitably, you’ll be the first one to go in any redundancies and the one overlooked for any promotions,” he says.

    So before you apply for credit, especially major credit like a home loan – it’s important to understand the long term commitment, and consider whether the career you’re in is going to fulfil you for at least several years to come. In the early years of a loan, your repayments will be at their highest and it will be essential to put your head down and pay off as much as possible.

    Kochie says success comes easiest to those who love their job. So if you don’t – it might make sense to spend some time getting settled in a job you do love, before you apply for major credit.

    However, if you are unhappy in your job and are currently paying off a mortgage or other significant loan – it’s important you are really smart about how you change careers. Consider your loan first and foremost before you make any drastic career changes. You don’t want to be caught out unemployed and unable to pay your loan.

    * If I turn a blind eye, somehow my finances will work themselves out

    Burying your head in the sand is never a solution to your financial issues. They only snowball.  At this point in time in Australia, paying bills even one day late may directly impact your credit file, through licensed Creditors recording your repayment history information. Paying them later than 60 days will see you defaulted.

    The government has made changes to credit laws in order to assist consumers in financial difficulty, but you need to put your hand up and own your financial problems, and you need to have a plan.

    To begin with, stop lying to yourself about how much money you actually have. To get any help, or to help yourself, you first need to know exactly how much you have left at the end of the week – or even how much you are in the red.

    If you know you can’t make your credit repayments, work out how much you can pay from what you have, and give this information to your Creditors to negotiate a financial hardship plan which may see your repayments reduced for a period of time. For more information on financial hardship variations, visit ASIC’s MoneySmart website.

    If you are not in dire straits yet, don’t wait till you’re there to do something about it. Kochie recommends starting with a plan that involves either cutting back expenses or earning extra income to balance the books. Make a goal, make a plan and get yourself there.

    * I should buy a home because that’s what grown-ups do

    Despite the ethos that everyone in Australia has the right to own their own home, buying a home is not right for everyone. Kochie argues that for some, renting and investing your savings can be a better financial option.

    For others, they may see more results being able to buy a home and focus on paying down the mortgage (creating equity) as their investment strategy.

    And some people just won’t be able to meet the big financial commitment that a home loan entails, even if they want to, and even if on paper, they look like they could. If this is you, consider that for now, you may be better off learning more about how to make credit work for you, to gain more money skills and adopt a different attitude towards money and credit before you take the plunge.

    * If I dip into my savings now I can always make up for it later

    Kochie advises it’s way more productive to leave your savings untouched and earn extra to pay for the item or experience. If you are saving for a home or business loan, then more savings means cheaper credit.

    * If I get approved for a loan or credit limit increase, I can afford it

    Kochie says this is probably the most dangerous of all lies. “Forget what the bank is offering in terms of increased credit card limits or loan amounts, only you really know what you can afford,” he says.

    Remember, the bank doesn’t have to pay your loan back – you do.

     

    Some other lies you can tell yourself about credit which you shouldn’t:

    * No news is good news when it comes to bills.

    No its not! If you think you should have received a bill and haven’t, the best thing you can do is chase it up. Nine times out of ten your Creditor thinks you should have received it, and you accrue days in arrears, meaning they may default you anyway whether you received the bill or not. This is especially important if you change addresses.

    *If I love someone, money doesn’t matter.

    Money still matters and when it comes to credit accounts, love may be blind but your Creditors are not. You need to keep your head in money matters when love is good and when love goes bad. Sometimes joint credit accounts can land you in hot water. Cover yourself and your credit file against the worst.

    * Someone else will tell me if my credit file is not accurate.

    No they won’t, it’s up to you to be proactive. There is an avenue for complaint if you think your credit file is inaccurate, but the responsibility for finding out whether everything is correct rests which the individual credit file holder. So it is really important that you do an annual credit check (which is free) through Australia’s credit reporting agencies. Don’t leave it until you’re applying for a home loan to find out you have defaults or other credit listings you don’t think should be there.

    To find out more about credit file accuracy, visit our main site www.mycra.com.au or call a Credit Repair Advisor tollfree on 1300 667 218.

    Image: Teerapun/ www.FreeDigitalPhotos.net

  • Make a mortgage work for you: Taking a conservative approach to purchase price

    In this week’s ‘Make Credit Work for You’ we take a look at the biggest form of credit many consumers are likely to take out – finance on a home. Whilst a home loan is a unique form of credit in that it will generally appreciate over time, there are ways it can be an unsafe form of credit. We look at how you can minimise the risk to you and your credit file when you purchase your first home.

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

    In Australian Broker Magazine article FHBs urged to take caution when signing on to a home loan last week, a financial comparison website warned first home buyers they should be looking carefully at purchase price following research showing many are taking on more debt despite the relative stagnation of the housing market.

    Research by RateCity shows first home buyers are taking on more expensive mortgages on the back of steady growth in house prices over much of the past 15 years:

    According to the site, the national average first home buyer mortgage size almost doubled in the past decade, to $297,100 in January 2013 and FHBs are taking on almost three-times more debt than they were 15 years ago.

     If the average first home buyer loan size kept in line with inflation only over the past 15 years, RateCity estimates first time borrowers are taking on a further $133,869 (or 82%) above the inflation adjusted average loan size…

    Michelle Hutchison, spokesperson for RateCity, says that while there are good opportunities to enter the home loan market this year, FHBs need to be cautious about taking on too much debt.

    “Australia’s property market is looking positive for first home buyers with record low interest rates making home ownership more affordable and luring some buyers out of the woodwork. While prospective home buyers are starting to enter the property market, borrowers need to be careful about how much debt they can afford to take on.”

    If we figure that most home buyers are now falling into the category of Gen Y, Ms Hutchison’s statement is a wise one. Recent reports from credit reporting agency Veda Advantage show that Gen Y has the lion’s share of bad credit at 60% of all defaults. The most important thing for you as a first home buyer to do is to decide on a purchase price that suits your needs now, and in the future.

    We can ensure we don’t become part of those statistics and ensure the home is really affordable, by considering three things.

    1. Is this mortgage going to still allow me to live?

    Just scraping into a sky-high mortgage could be a detriment to your lifestyle and even your happiness. Do you have wiggle room between your repayments and your wages for savings or for lifestyle purchases? What if your income decreased slightly? Leaving a bit of room for emergencies and also just enjoying life can make all the difference and can mean the money you don’t use can go into extra repayments on your loan, and you can pay it off quicker. Having no room for incidentals will invariably mean if life throws a curve ball at you, you’ll be likely to end up in debt and with a default on your credit rating or worse – all because your purchase was too impulsive and just downright too much for you to handle.

    2. Can repayments be made with only one income?

    This is a big trap for couples – even if they don’t intend to have children in the near future. Accidents, sickness, break-ups and yes, children can put a strain on finances and can mean the mortgage is paid from only one income for a period of time. Can you cope with the mortgage if this happens?

    3. How much equity do I have in the home?

    This may seem like a trick question, as really first home buyers have very little equity when they first enter a mortgage – but the bigger the deposit in relation to your purchase price, the more equity you will have, and the more freedom you will have. Having equity will make changes such as refinancing easier, and if for any reason you need to sell the home, you will be less likely to be left with a debt.

    When we think about equity, we can also consider future equity. To capitalise on equity it may be best to have a good think about the area you are buying in in relation to your purchase price. Is this area likely to grow much over the next 5-10 years? Is the type of property I am buying likely to be sought after in the area? Is it close to the median house price for the area? For instance, you might be better to buy an apartment in an inner city area which is going to see significant growth rather than a four bedroom home in an outer suburb which is surrounded by cheaper properties. Or on the flipside, you may be better to buy a modest home in a suburb surrounded by expensive properties rather than a penthouse apartment which is flagged on all sides by basic 2 bedroom rentals. Real estate has a general rule, buy the worst house in the best street – but of course – if you can’t afford to do renovations – it would be a good idea not to buy the worst house if it needs lots of work!

    When making this decision on your financial future, do your homework. Buying a home should not be rushed. Research the area, research what you can afford to pay – and think of this decision like an investor would. After all, the stability of your finances and ultimately the credibility of your credit file rests with it.

    The government’s Money Smart website provides good advice on Buying a Home:

    How much can you afford?

    A good way to find out how much you can afford to spend on a property is to review your household budget. If you don’t already have one, use our budget planner to:

    • Take what you’ve saved as a deposit, add in first home buyer assistance (if applicable), then work out how much you can afford to borrow

    • Work out how much you can comfortably afford to repay on a home loan each month, and add a bit more to act as a buffer in case of interest rate rises

    • Include all the costs that come with home ownership: up-front costs like stamp duty and legal fees, ongoing costs like land and water rates, house and contents insurance, and repairs

    This article is intended to give ideas only for general information, and should not be taken as financial advice. We recommend you contact a reputable financial adviser about your unique situation to decide what is best for you.

    Image: ponsulak/ www.FreeDigitalPhotos.net

  • Cybercrime goes all the way to RBA but do our laws protect us?

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    data breach notificationIt seems no Australian business is immune to cyber-attack, including the Reserve Bank of Australia which it was recently revealed has been hacked. A prominent cyber security specialist says cover ups happen all the time and that we must push for mandatory data breach notification laws to protect against the threat of identity theft and subsequent credit fraud. We look at the reality of these cyber-attacks, and the position SME’s find themselves in moving forward in issues of privacy.

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

    How real is the threat of a major cyber-attack leading to mass money loss and credit fraud, or even cyber terrorism on our shores? As a recent story in the Australian Financial Review titled Attacks ‘highlight need for data breach notification law’ reveals, pretty real and it seems our lack of mandatory data breach notification laws is not only down-playing the threats Australians face, but could be helping these criminals.

    “Not a day goes by when someone is not attempting to hack into any of the banks around Australia.”

    This was a statement made by the outgoing technology chief of the National Australia Bank, Gavin Slater at a recent talk to investors.

    He also revealed that just a few weeks ago:

    “11 United States banks were targeted by terrorist organisations in response to something that happened in the Middle East.”

    So if our banks are constant targets, why aren’t we informed?

    It was recently uncovered that the Reserve Bank of Australia’s systems had been compromised by China-based hackers. In response, technology security experts, including the former head of investigations at the Federal Police’s Australian High Tech Crime Centre, Nigel Phair called for the passing of long planned mandatory data breach notification laws.

    Mr Phair, who is now Director of the Centre for Internet Safety at the University of Canberra says the breach highlights the need for these laws to be passed.

    “The RBA story was hugely important, because the attack happened some time ago, and we only found out about it because of a freedom of information request,” Mr Phair said.

    “We desperately need data breach legislation; we are quite behind in ­global terms on that, to force businesses to disclose when sensitive data is breached. I don’t know what is holding it up, and I would like to think it is achievable. It will help other government agencies and businesses, to be aware that it is not just them being ­targeted, that the threats are pretty wide ranging,” he told the Fin Review.

    Mr Phair said many businesses wanted to avoid bad publicity and that it was understandable they would try to keep news of the loss of any intellectual property and customer details quiet. He said for listed companies, the fear that investors would be spooked was a big factor. But he said the current code of silence was only making it easier for cyber criminals.

    The Fin Review revealed these statistics on data breaches:

    KPMG estimates that 75 per cent of the 1000 largest Australian companies have had a material data breach, reported to cost Australian companies an estimated $2.16 million per company per year, according to a 2011 study by the Ponemon Institute. The Australian Bankers Association has defended the strength of IT security processes in Australia’s banking system.

    ABA chief executive Steven Münchenberg recently told The Australian Financial Review that there were no reports of similar attacks on other local banks, and that effective processes were already in place to co-ordinate fraud investigations with federal and state police.

    “The Australian Bankers Association is not aware of any successful ­hacking attempts on Australian banks,” Mr Münchenberg said. “Banks have systems in place to protect customer information and accounts – such as employee training, employee accountability, strict privacy policies, rigorous security standards, encryption and fraud detection software.”

    “The nature of these discussions needs to remain confidential as any details may be misused by criminals,” Mr Münchenberg said.

    But Mr Phair elaborates in the Fin Review how easily cyber-attacks play out in business situations:

    Mr Phair warned that a significant number of Australian businesses and government agencies were ill-prepared for the kind of social engineering attacks which penetrated the RBA. In the attack it just required internal staff to be tricked into clicking on a fake email purporting to be from management.

    “Lots of organisations like the RBA have great perimeter and other security mechanisms in place, but this was basically just a phishing, social engineering attack. If I was a decent cyber criminal, that is what I would be doing,” he said.

    “People are the most susceptible and the weakest link, so you target them with what looks like a bona fide email, with an executable file in an attachment, and that is how you gain a weakness.”

     Mr Phair said the RBA’s subsequent claims that the attacks had been contained and that no sensitive information had been stolen were largely a public relations move to calm fears in the market.

    He said it was not really possible to tell exactly what people do once they have had access to networks.

     He also believed the problem was much wider spread than is ever reported, because a large number of hacking victims remain ignorant of the fact.

    “The RBA was right to come out with its public response.

    “The average person out there reading your pages would like to know that the RBA is protected,” Mr Phair said.

    Last October, the federal government was considering requiring companies to notify customers and the public of serious data breaches. However, the Fin Review reports it is over four years since a similar recommendation was made by the Australian Law Reform Commission.

    The then attorney-general, Nicola Roxon, published a discussion paper on potential implementation of plans, which could require companies and public-sector agencies to notify the Office of the Australian Privacy ­Commissioner when names, addresses and financial data are leaked or obtained by someone else.

    A spokeswoman for Attorney-General Mark Dreyfus said there were voluntary guidelines on how Australian companies and organisations should report a security breach, but increasing risks meant tougher laws could be on the way.

    “The Attorney-General is considering proposals that would require companies to report to consumers and the Commonwealth Privacy Commissioner when a data breach occurs, to improve privacy, bolster the security culture within organisations and bring Australia into line with international jurisdictions.”

    SME’s and Data breach notification.

    data breach notification SME'sData breach notification is a complicated issue. Yes, by sharing how threats have occurred we could be inviting copy-cat attacks. But Australians need to be made aware of what could threaten them.

    There has been much criticism after past data breaches such as the well-publicised Sony data breach, that companies who have in the past “held out” on their customers following a data breach, waiting days or up to a week or so to notify customers were putting the consumer’s personal information may be at risk.

    And rightly so. During the time, of ‘silence’ it can be argued that hackers have free access to this personal information without the consumer being able to do anything to minimise their own risk, such as cancelling accounts, changing passwords and flagging their credit accounts and credit file.

    For small to medium businesses, we need to make plans and take precautions to prevent future attacks and protect our consumers – and without the requirement out there to disclose data breaches SME’s are missing a big opportunity to be guided by the example of big business in how to handle (or not to handle) cyber-attack.

    That wider issue is what Australian SME’s face today – we are in the firing line for cyber-attacks simply by having a website, and staff with email addresses – but we rarely have the same security capabilities, the same profit margin and in many cases the same ‘publicity’ power that large entities would have. I can’t help imagining that as data breach laws begin to be enhanced, that SME’s could become the section of business most concerned with privacy issues, and the application of privacy law and indeed lawsuits against SME’s could be just as big a threat as the data breaches themselves.

    That is another reason why big business needs to set the example. Until the law requires them to do so, it would be ideal for them to voluntarily disclose data breaches as they  occur, with a view to educating the whole community on the nature of cyber-attack, and showing examples of the correct process for both preventing occurrences and dealing with them when they happen.

    Currently, the best place to go for up to date information on cyber-security and your rights and obligations is the Office of the Australian Information Commissioner (OAIC). The OAIC’s article A Guide To Handling Personal Information Security Breaches is really essential reading for SME’s and includes information on obligations under the Privacy Act 1988, and advice on both handling a data breach, and preventing future data breaches in your company.

    As consumers.

    If you suspect your credit accounts may have been affected by identity theft – either through a cyber-attack or any form of credit fraud, you should do three things:

    1. Contact Police to report it.

    2. Notify your banks and Creditors.

    3. Notify the credit reporting agencies which hold your credit file.

    Act quickly. The faster you are able to take these actions the better you will be able to protect your credit file from impairment.  Catching identity theft early could prevent defaults and other credit listings.T

    This is why mandatory data breach notification is so important from the perspective of the consumer. Recovering your clean credit file following identity theft which has led to credit fraud can be difficult for individuals to do, as you have to prove you didn’t initiate the credit in your name.

    For further help or advice contact a MyCRA Credit Repair Advisor on 1300 667 218.

    Image 1: renjith krishnan/ www.FreeDigitalPhotos.net

    Image 2: AscensionDigital/ www.FreeDigitalPhotos.net

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  • Scam warning lookout for dodgy debt collectors

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

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

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

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

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

    Here is an excerpt from that Herald Sun story:

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

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

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

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

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

    Inquiries into the origin of the scam are continuing.

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

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

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

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

    What are the rules governing debt collection agencies?

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

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

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

    Debt collectors must not:

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

    – say you owe a debt when you do not

    – say the amount you owe is greater than it is

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

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

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

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

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

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

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

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

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

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

    use other misleading appearances or actions, for example:

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

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

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

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

    Image: David Castillo Dominici/ www.FreeDigitalPhotos.net

  • Credit enquiry scandal shows up faults with credit scoring

    credit enquiriesPress Release

    Credit enquiry scandal shows up faults with credit scoring

    20 March 2013

    Millions of Australians could potentially be unfairly rated during the credit reporting process with little to no education on how their score is arrived at, nor any chance to redeem a bad credit score, a consumer advocate for accurate credit reporting reveals.

    CEO of MyCRA Credit Rating Repair says a recent scandal over consumers being blacklisted from taking out credit because of too many credit applications – often which they have little control over, reveals a gaping hole where legislation is yet to meet current practice.

    “Before we allow consumers to get a ‘scoring’ based on their assessed potential for risk then we need to make sure the information we are using to calculate that score is both fair and accurate, and in some instances under the current system it is neither,” Mr Doessel says.

    These comments come after it was revealed on Channel 7’s Today Tonight on Monday that 5-6 million Australians are in the ‘credit dog-house’ simply because they have applied for finance.[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 report revealed that excess credit enquiries are having a major effect on borrowers, and most don’t even realise they have credit enquiries on their credit report until it’s too late.

    Mr Doessel says credit enquiries are not always due to being refused an official credit application.

    “Sometimes banks can perform enquiries periodically on lines of credit, and another big issue is system generated enquiries through consumers investigating different credit products online,” he says.

    He says whilst in most cases borrowers have technically given permission to perform the enquiry, there is little education on the ramifications of making one.

    “Information on credit applications made stays on a person’s credit file for 5 years. But how many credit enquiries is too many, and over what period of time?” he says.

    The Today Tonight report absolves credit reporting agencies such as Veda Advantage, saying they simply hold the records.

    “It’s the current legislation that only allows negative information to appear on our credit records and loan applications are listed as negative,” Veda Advantage’s Belinda Diprose advises.

    But Mr Doessel says scoring systems such as the Veda Credit Score is far from just reporting.

    “Issuing a credit score goes further, calculating risk based on certain types of behaviours around credit and allocating a score accordingly which is used by lenders to assess whether the potential borrower is a good or bad credit risk. That’s more than reporting, that’s opinion, that’s making predictions,” he says.

    Mr Doessel argues that credit scoring should not have been introduced prior to implementation of the Privacy Amendment (Enhancing Privacy Protection) Act 2012 in March 2014, which allows for more comprehensive data on Australian credit files.[ii]

    “This new form of credit assessment should not have been introduced until comprehensive credit data was available to lenders, not just negative data. To be fair to consumers, an educated ‘opinion’ on credit-worthiness needs to be formed based on many more factors than what is currently available on Australian credit reports,” he says.

    In the meantime, he is calling for education to give consumers clear guidelines as to what constitutes a low credit score.

    “Consumers need to know how this score is calculated, what sort of information will be taken into consideration when they are given a credit score, and what they can do to prevent a score being so low they are refused credit, both in the current market and when comprehensive credit reporting comes into effect next year,” Mr Doessel says.

    Credit active Australians can check their credit file at no cost every 12 months to make sure they are not blacklisted unnecessarily. Go to http://bit.ly/My-Free-Credit-File for more information. If a credit enquiry was not authorised or was incorrectly listed, then they may have a case for requesting its removal.

    /ENDS.

    Please contact:

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

    Ph 07 3124 7133 www.mycra.com.au www.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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    [i] http://au.news.yahoo.com/today-tonight/money/article/-/16389927/ruined-credit-ratings/

    [ii] http://www.oaic.gov.au/privacy-portal/resources_privacy/Privacy_law_reform.html

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  • Could a spike in credit defaults from Gen Y be part of the housing crisis?

    gen yPress Release

    Could a spike in credit defaults from Gen Y be part of the housing crisis?

    13 March 2013

    More of Australia’s new generation of first home buyers are living with credit defaults and a consumer advocate for accurate credit reporting says this could be a contributing factor in Australia’s dim first home buyer figures – with Gen Y facing credit lockdown in increasing numbers.

    According to a recent report from credit reporting agency Veda Advantage, the number of credit defaults amongst Gen Y has grown 5.3% over the past three years to 60% of the share of all credit defaults.

    Veda says Gen Y has the lion’s share of defaults across all account types – telecommunications, credit cards, utilities and personal loans. The biggest pain is telco bills – with Gen Y responsible for 62% of these kinds of defaults, compared to Baby Boomers (13%) and Gen X (22%).[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]

    Figures released yesterday by the Australian Bureau of Statistics confirm first home buyer commitments as a percentage of total owner occupied housing finance commitments fell to 14.9% in December 2012 from 15.8% in November 2012.[ii]

    CEO of MyCRA Credit Rating Repair, Graham Doessel says goals for owning property may be far out of Gen Y’s grasp.

    “The older portion of Gen Y should be collectively entering the property market, but it seems more are suffering with 5 years of credit defaults and unable to even get a mobile phone plan let alone a home loan,” he says.

    Mr Doessel says education and advocacy is the key to helping Gen Y out of the credit crunch as he says they are only a product of the credit environment they were born into.

    “There is a real lack of education around credit issues and credit reporting and this has been a problem for some time. Many Gen Ys had credit thrown at them in their younger years pre -GFC and now they are feeling the ramifications of credit overload.”

    “On the back of this, has been a noted lack of consistency in credit reporting and this has led to a number of inaccurate and unfair credit defaults placed on consumer credit reports. It is high time that consumers and their advocates insist on accurate credit reporting if we are going to have any chance of moving the housing industry forward,” he says.

    Find more information on credit issues and credit defaults on MyCRA’s website www.mycra.com.au.

    /ENDS.

    Please contact:

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

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

     

    ——————————————————————————–

    [i] http://www.veda.com.au/news-and-media/article.dot?id=542009

    [ii] http://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/5609.0Main%20Features2Dec%202012?opendocument&tabname=Summary&prodno=5609.0&issue=Dec%202012&num=&view=

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  • W.A. real estate agent criticises measures to combat property scams

    W.A. property scamsLast year it was revealed that some properties in Western Australia had been sold out from under their overseas owners by fraudsters. Consumers, government and agents were so horrified they acted quickly to introduce new laws to protect the identity of property owners and prevent any more cases of property scams in the state. But the new identity requirements to combat the property scams have come under fire from a Perth real estate agent, who says the storage of personal data could be opening up further potential for identity theft. We look at the criticism from the Perth agent, and what we might be able to expect in the future in every state in terms of identity identification and the protection of both mortgage and the clear credit file of property owners across the country.

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

    In W.A. today late last week, RE/MAX WA Managing Director, Geoff Baldwin came out in criticism of the State’s identification check legislation instigated following Perth’s property scams.

    He called the legislation “a debacle, unnecessarily inconveniencing sellers and causing confusion and in some cases anger,” he was quoted in W.A. Today.

    He said the Code of Conduct required “due skill, care and diligence” to properly identify sellers before a sale goes through, and that this meant that during a 100-point identification check, real estate agents were keeping personal documents in order to demonstrate the fulfilment of this requirement.

    “It upsets a lot of sellers who, in these days of identity theft, rightfully feel uncomfortable with having copies of their passports, licences, etc sitting in manila folders in offices across Perth which is now the requirement for agents to comply with their yearly audits,” he said.

    “There is no argument that an ID system is required to make it as hard as possible for fraudsters to succeed but the current misinformation, doubling up, copying and storing of peoples personal information in agents’ offices is madness and has the capacity to replace one security problem with another.

    Mr Baldwin suggested an alternative method of identification which he hoped would be more secure for sellers.

    “The government needs to act now to refine the one system whereby prospective sellers attend the post office once, provides the required identification which is registered online as having been cleared,” he said.

    “This ID clearance should be associated with the particular property and the secure database should be accessible using a PIN, to agents, brokers, and settlement agents for their clients only.

    But his suggestions were rebuffed by director of property industries at Consumer Protection, Stephen Meagher.

    “The public are asked to provide ID when opening bank accounts, phone accounts etc and accept that to protect their interests in property that ID checks are required when selling their home.

    “Sellers may not always be within easy reach of an Australia Post outlet – either remote in Australia or overseas. “There would be fee for service implications in the Australia Post proposal.”

    WA Property Scams explained.

    In 2010, Wembley Downs retiree Roger Mildenhall had his Karrinyup investment property sold without knowing anything about it. And in 2012 Nigerian-based scammers sold a Ballajura property without the owners’ knowledge.

    “A couple returning from overseas have advised authorities that their property has been sold without their knowledge or consent and a joint investigation has been launched.

    The previous owners were living and working overseas at the time and didn’t discover the property had been sold until they recently returned to Perth to inspect the property.

    The real estate agent involved has told investigators that he received a phone call from a man claiming to be the owner in February this year inquiring about the property. Shortly after, the agent received an urgent request to sell the property as funds were needed for a business investment, later revealed to be a supposed petro-chemical project,” Landgate announced in a statement.

    With the scale of the scam, it is understandable that Government and Agent groups would have acted swiftly to try to combat any further instances of fraud. But Baldwin probably has a legitimate argument when we look at the methods that have been taken to combat it – considering how valuable personal information has become. He, like many others, have reservations regarding the amount of personal information which must be stored by different entities, and the likelihood that that personal information could fall into the wrong hands – like an identity thief’s. It is ironic that the protections we have instigated to combat identity theft seem to put us at greater risk of it. We’re damned if we do, and we’re damned if we don’t.

    Perhaps the answer is some kind of centrally stored database for identity checks – or maybe the old-fashioned paper storage is safer in this age of rising cyber-crime.

    Personal information and your credit file

    Fraudsters now see personal information as a valuable commodity. Many are able to use that information to take out credit in the victim’s name. Often the victim is not alerted to the misuse of their credit file for some time, often not until they attempt to obtain credit themselves. By then, victims may have credit applications as a minimum and possibly defaults, mortgages and mobile phones attributed to them incorrectly.

    Once any account remains unpaid past 60 days, the debt may be listed by the creditor as a default on a person’s credit file. Under current Australian legislation, defaults remain listed on the victim’s credit file for a 5 year period.

    If a victim has defaults on their credit file following identity theft – the defaults still remain there for 5 years. The onus is then on the identity theft victim to prove to creditors they didn’t initiate the debts in their name. If they are unable to prove this, they are virtually blacklisted from obtaining further credit themselves for 5 years.

    It is important for everyone to think twice about who they allow to have access to their personal information, and to verify all transactions are legitimate before handing over their details or any money.

    For more information on identity theft and your credit file, visit the MyCRA website www.mycra.com.au.

    Image: digitalart/ www.FreeDigitalPhotos.net