MyCRA Specialist Credit Repair Lawyers

Tag: www.fixmybadcredit.com.au

  • Inside Secrets for the Best Mortgage

    Can we trust everything we believe to be true about applying for finance? We look at some great information to help you get the best deal on your home loan – and look at why a bad credit is something you should know about before you apply for a mortgage, to avoid being refused credit.

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

    Yesterday I read a great article in the Herald Sun titled “Time To Topple Mortgage Myths”. The article uses the information from top finance professionals to debunk five common mortgage myths. We look at the advice of those finance experts, and give you further advice as it relates to your credit rating and risk assesment. Here is the Herald Sun’s article:

    Myth 1: Lowest interest rate loans are best

    Unfortunately many borrowers will judge one home loan against another simply on the interest rate, which can be a big mistake.

    If they make their decision on this “headline” rate, it could cost them tens of thousands of dollars extra, Resi Mortgage chief executive Lisa Montgomery says.

    “Most borrowers don’t look at the comparison rate but they must,” Montgomery says.

    “Check the comparison rate. It’s a great rule of thumb that helps you understand at a glance the true cost of a loan.
    “It includes all the upfront and ongoing fees that need to be paid during the course of the loan.”

    Fees and charges can add several basis points to the cost of the loan. Read the mortgage contract for all the details.

    Whilst it is true the lowest interest rate may not always be the best, a high interest loan isn’t either. I am referring to a non-conforming loan used by people with negative listings on their credit report (or “bad credit”). In terms of saving money, this is seldom a better option. If there is any inkling that the bad credit shouldn’t be there, you will always save money if you can have your credit rating repaired by a professional credit repairer rather than continuing with a non-conforming loan – even if for only three years. For example, on a $300,000 loan – it would cost you $23,000 more in interest over the first three years at 9% interest, versus a more “mainstream” rate of say 7%. If you have bad credit, you should find out if you are suitable for credit repair before entering a high interest loan.

    Myth 2: Bad credit ratings prevent borrowing

    Your credit rating can both help or hinder the type of mortgage you are offered. If you have a poor record, it does not automatically mean you won’t get a loan.

    But it can mean a lender will consider you a greater risk and want to charge a higher interest rate.

    Not all unpaid bills and default histories will stop you getting the best deal.

    Mortgage broker 1300HomeLoan managing director John Kolenda says defaults on utility bills or phone bills can be explained and overlooked.

    “But it is very important to make sure you tell your lender about your history,” Kolenda says.

    “Don’t let them find out when they do your credit worthiness search.”

    It is not always the case that people are refused a home loan if they have bad credit, but it is never ideal. As mentioned above, depending on how high the interest rate will be – it may make more sense to look at those bills or other defaulted accounts that can be “explained” or which were unfair or mistaken and have them negotiated to be removed so as to get the best deal you can.

    If you do want to discuss your options with your lender while knowing you have bad credit, yes it is very very important to be honest with them about your credit file. But where many people come unstuck and are refused credit is when they don’t know about it before they apply. This surprise bad credit can occur for a number of reasons, maybe the Creditor had the wrong billing address, or the default was a mistake, or you weren’t notified. Either way, it looks bad for you and means you fail that credit worthiness test. Surprise bad credit is often worth investigating to ensure the listing was put there lawfully by your Creditor.

    Myth 3: Offset accounts are the best way to cut your interest

    Financial research company Canstar analyst Mitchell Watson says there are much better ways to cut your interest costs than using an offset account.

    “A lot of people will have their wages or salary paid into a mortgage offset account each month but for the average wage earner this isn’t going to be worth much at all,” he says.

    “An offset account for someone on about $65,000 is only going to save about $20 a month interest. Over the life of the loan, however, it does add up to about $14,000.

    “However, if you make fortnightly payments instead, so you divided the monthly amount by two and pay it every fortnight, you will save about $55,000 over the life of the loan and cut your loan term by four years.

    “Better still, do both – use an offset (account) and fortnightly payments.”

    Myth 4: If you pay off your credit card, you’ll be able to borrow more

    Wrong. Even if you owe nothing on your credit card, the limit will still be counted towards your total potential outstanding debt, according to 1300HomeLoan.

    “Your credit card limit affects your maximum borrowing capacity with some lenders. For that reason, you should reduce your limit or cancel the cards you are not using before applying for a home loan,” Kolenda says.

    Even with new information provided for in our new credit laws which are in the process of going through Parliament, your credit limit, rather than the amount owing will be used to assess your debt level.

    Myth 5: Pre-approved loans are pretty much guaranteed money

    This is not true, the experts say.

    Pre-approval is an offer to lend money based on a percentage of the property’s value.

    The price you pay is not necessarily its value, Montgomery says.

    “Always sign a contract of sale ‘subject to finance’ even if you have a pre-approval,” Kolenda adds.

    “Your valuation needs to stack up and you will still need final approval.”

    Are you sure the lender has done a credit check before providing the pre-approval?

    The best course of action is – prior to applying for a home loan, request a copy of your credit report from Australia’s credit reporting agencies yourself. It is free once every year and will be mailed to you within 10 days. This way, you will know whether your credit file will let you down at the mortgage application stage and you won’t accumulate a ‘credit enquiry’ or any black mark against your name by letting the lender do the credit check and find out too late that you have problems that could have been fixed.

    If you would like help to fix bad credit before applying for a home loan, contact a Credit Repair Advisor on 1300 667 218 or visit our main website for more information www.mycra.com.au.

    Image: Stuart Miles/ www.FreeDigitalPhotos.net

  • Attorney-General’s survey shows identity theft is on mind of most Australians

    A national identity theft survey reveals that most of us are worried about identity theft, and the number of us who have been or know someone who has been a victim of identity theft has increased. We look at what the survey reveals, whether these fears are founded, and what we can do to alleviate them.

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

    The Attorney-General Nicola Roxon has published results of a nationwide survey into identity theft. The research released today was commissioned by the Attorney-General’s Department and repeats a similar id theft survey conducted in July 2011. The key findings include:

    • 89 per cent of respondents are concerned about identity theft and 61 per cent think identity theft will increase in the next year

    • 24 per cent of respondents had been, or knew someone who had been, a victim of identity crime in the last six months – an increase of seven per cent since 2011

    • When identify crime occurred, 58 per cent involved the internet, through either a virus or an online scam, 35 per cent involved the loss of a credit or debit card, 18 per cent involved mail theft and 9 per cent involved the theft or loss of physical identity documents such as a passport and drivers licence.

    The results of this research will inform the review of the National Identity Security Strategy currently being undertaken by the Department in conjunction with the States and Territories.

    Ms Roxon assured Australians there were solutions and preventative measures to combat the ongoing problem of identity crime, which is one of the top three enablers of serious and organised crime in Australia, and can have serious financial implications for business, governments and individuals.

    “While identity theft is understandably concerning, Australians can take some simple steps to protect their identity,” Ms Roxon said in a statement to the media.

    “Making sure you don’t respond to suspicious e-mail or store personal details on your mobile phone are two easy steps to prevent identity theft.”

    She also made mention of the Document Verification Service – currently a government agency service which allows key identity documents such as passports, driver licenses and birth certificates to be cross-checked between departments. The government will roll out the DVS to the private sector next year.

    “From next year, the financial and telecommunications sectors will be able to access the DVS to check Commonwealth identity documents, such as passports and visas – further helping the private sector to protect their customers’ identity,” she said.

    Should Australians be afraid of identity theft?

    From our point of view, the more you are educated about identity crime and how to prevent it – the less fear it sparks in your mind.

    Let’s look at a broader survey – the Australian Bureau of Statistics Personal Fruad Survey. This surveyed a total of 1.2 million Australians over 2010-11 and was released in April this year.

    Whilst it was reported that Australians lost in total $1.4 billion due to personal fraud, the ABS puts the national vicitmisation rate for actual identity theft at 0.3% (a decrease from 0.8% in 2007).

    Perhaps there has been an increase in identity theft since the ABS survey was published, but what may likely have occured, is that people are talking about identity theft more. It could be that more people “know someone” who has been a victim of identity crime or personal fraud. Could we assume that more people are talking about their experiences, and hopefully reporting instances of fraud and identity crime?

    Without people reporting instances of identity theft, it is difficult to get ahead of fraudsters.

    It is a very real fact that full-blown identity theft – where someone steals your personal information and assumes your identity – can have very disastrous consequences. Identity fraud can involve crooks taking loans out in your name. This not only means you could be lumbered with random debt, but often you are unable to get any loan of your own for 5-7 years because your credit file is blacklisted when these debts fall into default.

    The message we want to send is that your personal information needs to be guarded well. If you safeguard your personal information as much as possible, you put yourself at less risk of identity theft.

    Educate yourself on the ways that fraudsters could misuse your personal information or your credit rating. Put as many preventative measures in place as you can (such as anti-virus software, paper shredder, safeguarding information, regular credit file checks) to ensure that you have the least possible chance of becoming a victim.

    And most importantly, stay up to date with scams that are out there. Identity crime and scams are changeable – what worked for fraudsters one week quickly becomes public knowledge, so they move on to something new. Getting on to something like StaySmartOnline’s Alert Service, or checking SCAMWatch regularly will go a long way to helping you to stay ahead of identity crime.

    And talk, talk, talk about what you know about identity theft, to help educate the community around you. Talk especially to young people who might not fully understand the consequences of giving away their personal information (and there are consequences even for under 18’s) and also talk to older people – who may be more vulnerable to these predators and could need help with education and updates to computer software.

    If you or someone you know have been a victim of identity crime which has impacted your credit rating, all may not be lost. We may be able to help you recover your good name. Contact a Credit Repair Advisor on 1300 667 218 to discuss your suitability for removing bad credit, or visit our main website for more information www.mycra.com.au.

    Image: Salvatore Vuono/ www.FreeDigitalPhotos.net

    Image 2: phanlop88/ www.FreeDigitalPhotos.net

  • 7 ways to be smarter with your money and clean out the cobwebs on your finances this spring

    Are your finances in need of a spring clean? Well this week is MoneySmart Week in Australia. We give you some inspiration to get in and tidy up those loose ends with your money and also your credit file – with our 7 ways you can be smarter with your money.

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

    MoneySmart Week is being held 2-8 September in Australia. It has some major Ambassadors, including our Governor-General Her Excellency Ms Quentin Bryce AC CVO and money commentator Paul Clitheroe.

    MoneySmart Week is an independent, not-for-profit national initiative promoting the importance of financial literacy. The MoneySmart week website explains the importance of financial literacy:

    MoneySmart Week 2012 includes:

    • A call to action for all Australians to take the next step in their financial health: ‘Do a Money Health Check’.
    • A National Awards program to recognise outstanding achievements in financial literacy.
    • Promotion of existing money management programs, tools and resources.
    • A range of special activities and events in workplaces and the community.

    Why is financial literacy important?

    Financial literacy is about understanding money and finances and being able to confidently apply that knowledge to make effective financial decisions. It affects quality of life, opportunities we can pursue, our sense of security and the overall economic health of our society.

    To find out more about financial literacy, visit www.financialliteracy.gov.au

    Do you consider yourself smart with your money? Many of us do I am sure, but are we always completely on top of everything? You can check how you rate by taking part in the Money Health Check – an online questionnaire to test how savvy you are with your personal finances. We would encourage everyone to get in and do the Health Check or at the very least, dust the cobwebs off those financial documents and make sure everything is in order.

    We have devised some reminders for getting your finances together:

    7 ways to be smarter with money this spring

    1. Make a money ‘map’ to ensure you are aware of what you have, what you don’t and what you owe. This is the best way to be clear you are living within your means. By doing up a money map, you will have the benefit of knowing where you can squirrel away extra cash to help pay off any debts faster – you may have never known you had that extra money available without creating a budget.

    For help with putting together a money plan ASIC’s MoneySmart website has a great budget planner. The Victorian Government’s Money Help website also has some great tips.

    2. Make debt reduction a priority. Any extra cash that comes your way would be well used by reducing debt – especially those debts where the interest rate is high.

    3. If you are able to, put extra onto your home loan. Increasing your mortgage repayments even slightly, can see you cut years off your home loan

    4. Make sure every bill will be paid on time. This can come down to organisation as much as funds. With new credit laws on the horizon meaning lenders will be recording bills that aren’t paid on time as “late payment notations, it is advisable to get into the habit of paying your bills well before the due date every time to ensure you don’t miss one, and threaten your credit file health and ability to obtain credit  in the future.

    Bills missed past 60 days will mean your credit file is defaulted and you will face 5 years of bad credit – so it is absolutely essential to get repayment schedules right.

    5. Assess your insurances – are they the best plans for your needs? Are they accurate and up to date?

    6. Check your credit file – take advantage of your free annual credit report. A free copy of your credit report can be obtained from one or more of Australia’s credit reporting agencies – Veda Advantage, Dun & Bradstreet, and Tasmanian Collection Services (if in Tassie). Your free report will be mailed to you within 10 working days.

    When you get your credit report back, here are some things to check for:
    -Check your name is correct
    -Check your date of birth is correct
    -Check your driver’s licence number matches up
    (If any of those things are not correct – you may be vulnerable to identity theft or mistakes on your credit report).
    -Check your address history is correct
    (If there is an address you don’t recognise on your credit report – this could also mean you may have been a victim of identity theft, or mistakes have been made in credit reporting where credit has been issued to your credit file incorrectly).

    -Also assess each credit entry and make sure it is correct.
    Are all the credit enquiries initiated by you? This is one of the first signs of an identity theft attempt.

    If you have a default – should it be there? Is it yours? Is it fair? If a default is deemed unlawful, it may be required to be removed by your Creditor.

    There are a number of reasons why a default could be unlawful – including errors, mistaken identity and incorrect details as well as unfair listings and listings where an incorrect amount of notice has been provided to the client.

    For help with ordering your free credit report, and also repairing bad credit which shouldn’t be there, or if you just want to see whether you qualify for credit repair – contact a MyCRA Credit Advisor on 1300 667 218 or visit our main site www.mycra.com.au for more information.

    7. If you’re throwing out any old papers – make sure you shred them. Your financial security is paramount, and the amount of personal information on many of our financial documents could be enough for a fraudster to go about trying to steal our identity. Unfortunately there have been cases of crooks sifting through rubbish to find this kind of information in order to piece together enough to go about requesting replacement copies of your identification. This gives them a ticket into your life – your bank accounts, your tax and potentially your credit rating. Fraudsters have been known to take out loans in the name of their victims – leaving them with debt and a damaged credit file.

    The process of fixing bad credit after identity theft can be complicated. In some cases it has taken years to put right. So buy a good shredder, and cross-shred every piece of identifiable information before you throw it away.

    Why spring is a good time to take stock of your money…

    • It’s tax time. If you are due a refund – you will then know the way to make the best use of your return. Likewise if you are expecting a tax bill – you will know where you might be able to skimp to come up with the extra money you will need.
    • It’s almost Christmas time. If you want to budget well for Christmas – you can start now.
    • It’s transfer time. If you know you will changing jobs; moving interstate or downsizing jobs you can budget for any extra expenses that will ensue.
    • It’s almost holiday time. If you want a holiday after Christmas, or you want to take time off with the kids in the New Year you can budget this in as well.

    For the same reasons above you may also need to BORROW money and this is why checking your credit file and alleviating any inconsistencies is important well before you may need  to apply for credit.

    Basically it is ‘finance time’ and if you can allocate space in the spring time every year that you can dedicate to making sure your finances are as they should be – then you will be on your way to being savvy with your “everyday money” every day of the year.

    This information is intended for general purposes only and should not constitute financial advice nor replace seeking help from a professional financial adviser.

    Image 2: smokedsalmon/ www.FreeDigitalPhotos.net

    Image 3: David Castillo Dominici/ www.FreeDigitalPhotos.net

  • Lost your job? Three things you need to know to prevent bad credit haunting you long after you get a new one

    unemployedJob hunting and credit files seem unrelated – but they are connected for three reasons. We tell you how when you have lost a job, or when you are in the process of finding a new one, there are some things that impact your credit file that you need to know about. If heeded – they can help you avoid bad credit.

    By Graham Doessel, Founder and Chief Executive Officer of MyCRA Lawyers

    Yesterday, an article from SavingsGuide.com.au What To Do When You Lose Your Job caught my eye. It went through the things you need to do to make sure you remain in the black with your finances after you have lost your job. This article is the inspiration for the first piece of advice:

    1. If You Have Lost Your Job – Sit Down and Work Out What You Owe and What is Owed To You

    Even if you think the situation is very temporary – you don’t have a crystal ball. Put measures in place straight away to protect yourself and your family from debt and bad credit.

    Savings guide recommends taking advantage of any insurance policies of income or mortgage protection that you have in place immediately. It could take a little while to process the claim. If you don’t have insurance, don’t be too proud to apply for assistance with the Department of Human Services. The sooner you do this the better, as it could take up to a few weeks to process the claim.

    You will also need to work out how much disposable income you have now, and tally up all of your bills that you consider will appear in the future.

    ASIC’s MoneySmart Website has some great advice and specific links for further information on what to do if you find yourself unemployed. Here is an excerpt from their web page titled Losing Your Job:

    Knowing where you stand financially

    You will feel able to make clearer decisions once you know how much money you really have. Find out what you have in savings, then list every expense you’ll have to meet for the next 2 months. Use our budget planner and include necessities like mortgage payments, loans, health care, medicines, car and home maintenance, and insurance premiums.

    What you want to do is avoid getting in arrears with your accounts at all costs. It only takes 60 days in arrears on any account to get into ‘default’ with creditors, and this notation on your credit file will mean you will probably be blacklisted from credit for 5 years – even if you find another job and get everything back on track a month or two later.

    Once you have worked out how long your current funds are going to last, you will be in a good position to do the next task…

    2. If You Have Lost Your Job – You Need to Put Your Hand Up and Tell Your Creditors

    Don’t wait until you are in arrears (or in debt up to your eyeballs!) to let your Creditors know. As SavingsGuide recommends, negotiating with Creditors early is the smart thing to do:

    “Whether it’s your mortgage or a monthly gym membership fee, you’re going to need to address these payments before they get out of hand,” writer Toria Phillips advises.

    Financial hardship variations are encouraged in many industries, with new regulations having just been brought in for both the finance and telco industries.

    Money Help, a website run by the Victorian State Government offers more help on how to apply for hardship with creditors in the correct way. They advise people to work out what they can afford to pay prior to requesting a hardship variation – so if you have done this you will have a better chance of coming to a more affordable arrangement with your Creditor.

    The Creditor may be able to offer reduced payments and in some cases could stall any movements to default your credit file if you happen to get in arrears.

    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. But there is a trend towards offering help before defaults – so it is crucial to ask.

    Having your current debts at a more manageable level will allow you to concentrate on the actual process of finding a job. But beware (as if you didn’t have enough to worry about) whilst you are looking for a job you also need to look out for fraudsters…

    3. Job Seekers Scam Warning – Be Wary of Giving Away Your Personal Details To Scammers

    Last week the Australian Taxation Office issued a warning to job seekers that they were the target of scams. It reports they have received more than 10,000 reports on a wide range of scams including fake job advertisements, emails and bogus phone calls.

    Tax Commissioner Michael D’Ascenzo explains the job seeker scam – that bogus job ads are being posted on recruitment websites by scammers, and that people are even being asked to provide their tax file numbers.

    “Personal information can be used by scammers to lodge false tax returns in your name, enable the use of your credit cards or even result in people taking out a loan in your name. In some cases, identity crime can take years to resolve,” Mr D’Ascenzo says in a statement to the media.

    Becoming a victim of identity theft is the last thing a person who has lost their job needs. This crime could mean what little money you may have left in your bank accounts is drained by fraudsters; or a much-need tax return is pilfered; or it could even mean you have debts in your name you did not initiate and your ability to obtain credit is compromised for years to come.

    Don’t ever give a potential employer your Tax File Number, banking details or any other crucial personal details until you begin work with them! If you’re not sure – you can always contact the Australian Competition and Consumer Commission (ACCC) to dispel any suspicions before you give away your personal information. You can call them on 1300 795 995 or visit the ACCC’s SCAMWatch website www.scamwatch.gov.au.

    Let’s hope your unemployment is only very temporary and you are able to keep your credit file free from bad credit during the process!

    If you are currently experiencing bad credit due to a temporary financial hardship such as a job loss, it may be worth assessing whether your credit history can be reviewed by a professional credit repairer. Any listings which are deemed unlawfully placed for whatever reason could be required to be removed by your Creditor. Contact a Credit Repair Advisor on 1300 667 218 or visit our main website www.mycralawyers.com.au for more information.

    This week running 2-8 September, is MoneySmart Week – Australia’s first ever national, not-for-profit, financial literacy awareness week. For more details visit the Australian Government Financial Literacy Board initiative www.moneysmartweek.org.au.

    Image: winnond/ FreeDigitalPhotos.net

  • Telco bill shock should in theory now be a thing of the past

    The Telecommunications Consumer Protection (TCP) Code came into effect on September 1. We look at what this means for telco customers and the possibility that less consumers could be subject to bill shock and subsequent credit rating defaults due to sky-high bills they had not budgeted for.

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

    Currently approximately 26% of our credit repair clients have suffered bad credit from telcos (telecommunications providers). Not all of that bad credit should be there. Whilst mistakes and mis-communications are frequent in the industry, as they are in many others – one of the major significant differences we have noticed with the telco industry compared with other industries issuing credit file defaults, is more clients are in dispute over excess charges.

    Excess charges or “bill shock” can occur when the actual bill the customer receives is significantly higher than what they understand it should be. Issues like international roaming charges, excess data charges and customers going over plan allowances (especially when the plan had the term “cap” within it) seems to be a frequent source of dispute amongst customers.

    Unfortunately sometimes the customer is unable to come to an agreement over these charges before they are issued with a credit rating default. These issues can be hard to fight. Often the customer will say what they had first understood the plan to be for, or what they wanted the phone to do, was not what eventuated.

    Resolutions with telcos over these billing issues can be difficult to come to. Sometimes consumers have reluctantly paid the bill, thought the matter was settled, only to find they were defaulted anyway, and others have just refused to pay the bill until they got some resolution. Either way, customers have been faced with at least 5 years of bad credit from the episode unless they have been able to make a successful complaint.

    The telcos – with all the power on their side can often come out on top.

    Escalating levels of telco complaints in Australia, resulted in a major public inquiry by the Australian Communications and Media Authority (ACMA) and the report – Reconnecting the Customer. This examined the root causes of the industry’s poor customer service and complaints-handling performance. The telco industry was asked to regulate or be regulated – and so the Telecommunciations Consumer Protections (TCP) Code was developed by the Communications Alliance (CA), and a final draft was registered in late July.

    That TCP Code came into effect on 1 September 2012. If the code proves to be effective, and if the ACMA does as it says it will and come down heavily on those that don’t comply with the TCP Code, there will be significant positive changes for telco customers.

    What the Code provides for.

    The ACMA outlines the basic benefits for consumers in its article Fair call—new telco code to benefit consumers. Here is a breakdown of consumer benefits of the TCP Code:

    • Telco providers must be clear about what they are offering in their phone plans and stop using confusing terms like ‘cap’ (unless the offer refers to a ‘hard cap’—an amount that cannot be exceeded).

    • Better spend management tools designed to avoid ‘bill shock’.Including improvements in billing processes and credit management, and the introduction of notifications about data usage and expenditure thresholds.

    • From 27 September telcos will be required to provide unit pricing for national calls, standard SMS and downloading 1 MB of data in advertisements.

    • From 1 March2013 customers buying a new service will receive a two-page document called the ‘Critical Information Summary’. This includes essential information about service, pricing and complaints-handling, as well as volumetric information so consumers can easily understand how many two-minute calls or texts they can make under their plan.

    • Faster, better complaints-handling, with urgent complaints resolved within two days. All of these new measures will be monitored and the telcos subject to new benchmarking standards.

    • For customers having difficulty paying their bills or meeting unexpectedly high bills, telcos must advise consumers about spend management tools, hardship advice and options to restrict a service.

    • A new industry compliance body is being formed to ensure all industry participants comply with the new code.

    According to IT Wire in its story New telco code toughens up consumer protections, Optus jumped the gun ahead of the introduction of the Code, and launched its new usage alert service which it says gives its customers greater transparency in managing spending on their mobile accounts. The new Optus service sends text alerts to Optus’ customers on most post-paid mobile plans when they reach 50 per cent, 85 per cent and 100 per cent of their voice, text and data allowance.

    IT Wire also reports ACMA Chairman Chris Chapman as saying the ACMA will put the industry on notice, advising they would take a “far more robust approach” to ensure the industry’s compliance with the new Code and had “resourced up in this space.”

    “We will conduct more audits and investigations dealing with key areas of consumer detriment and expect substantial changes in industry practices,” Mr Chapman says.

    For consumers who consider that their service provider is not complying with the code, Chapman says they “may make a complaint to the provider in the first instance and if they are not satisfied with the resolution, they should contact the Telecommunications Industry Ombudsman.”

    And, if telecommunications service providers do not comply with the code, Chapman says they faced a direction to comply from the ACMA, “while further breaches could lead to Federal Court action where civil penalties of up to $250,000 are possible.”

    We will be following these telco improvements with great interest as they relate to the volume of credit file defaults due to telco customer service issues and bill disputes.

    For those consumers currently facing what they consider to be excessive charges, or other issues with their telco which have resulted in bad credit – it is possible MyCRA Credit Rating Repairs may be able to help.

    If a credit listing has been placed unlawfully, it may be required to be removed from the consumer’s credit file. Consumers can contact a credit repair advisor 1300 667 218 to assess their suitability for credit repair. There are no guarantees of success, but the specialised knowledge of credit reporting and industry law means engaging the services of a professional credit repairer gives the consumer the best chance of having bad credit removed completely and permanently from their credit file. Visit the main website for more information www.mycra.com.au.

  • Will the spring boom be mowed down by bad credit?

    Spring has almost sprung – which is evident by the sunny weather spanning much of Australia today. We look at what this might mean for the housing market, and why this is the best time for people to get cracking on making sure their credit file comes up smelling like roses.

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

    Traditionally spring is the season where people dig out the clip-boards and the comfortable buying shoes and go get pre-approval for some serious house-hunting.

    Spring is a great time to buy due to more property on the market – transfers; people planning for moving prior to the new school year; people with pools selling when it’s warmer; and homes generally look prettier in the spring – can contribute to this rise in good stock. And for the same reasons, more buyers can be available at this time, which potentially means more borrowers.

    But RP Data’s Executive General Manager, Craig McKenzie told Australian Broker Online today that the 2012 spring selling season would be largely determined by levels of buyer confidence in the market place. He warned a lack of confidence would hamper activity.

    “Until such time as there is a sustained recovery in the consumer mindset it seems unlikely there will be a vast improvement in sales activity,” he said.

    The Housing Industry Association’s chief economist Harley Dale also echoed this belief.

    “The consistently weak consumer confidence is weighing very heavily on new housing investment, far more so than is the case for retail expenditure,” he said.

    “Combine that low confidence with very tight credit conditions and excessive taxation, and you have the unpalatable recipe for the recessionary conditions facing new housing.”

    I would argue nothing exudes buying confidence like pre-approval for a home loan. But this thinking can sometimes see people come unstuck if they’re not careful. If people don’t know what is said about them on their credit report before they apply for finance – they will find out after. If the news is bad – if they have a bad credit listing there – this would mean they are refused credit, and would also have created a credit enquiry on their credit report. “Tight credit conditions” mean any blemish on the credit report – including too many credit enquiries – can see a person refused credit.

    Most people think if they had any kind of black mark on their credit report they would know about it. But unfortunately “surprise” bad credit is pretty common. Bills and notices get sent to the wrong address; mistakes happen; listings are put there unfairly; or in some cases the wrong person cops the bad credit of someone else entirely. But if people apply for finance and their credit report comes back with nasties – the banks probably won’t be very understanding – they consider these blemishes require them to undertake too much ‘risk’ on the loan.

    In most cases the best way to alleviate bad credit history bringing undone all the hard work and savings that have gone into getting a person ready to buy is by using the free yearly credit report to check that everything on their credit file is as it should be before applying for finance.

    The very people who should be ordering a copy of their free credit report are the people who think their credit file should be returned clear. It only takes 10 days to receive it in the mail, but its piece of mind and ‘confidence’ to know that everything is as it should be.

    No amount of “fast talking” or explaining will take back that credit refusal if it occurs. The only thing that will fix a bad credit listing is to address the credit listing at its source – with the Creditor and if it shouldn’t be there – request its removal.

    But why should people use a credit repairer?

    For people who have ever tried to call up and fix their phone troubles, they can be on hold for hours; they can be passed from one person to another; and in the end, still hang up dissatisfied. Clients say it is a similar situation when trying to dispute a credit listing.

    Most times they are told (eventually) that listings can only be marked paid and cannot be removed. But this is not true. If a listing has been placed unlawfully on a person’s credit file, then it should be removed.

    What it takes to negotiate the removal of a credit listing

    • Ability to review pages and pages of documentation
    • Ability to be patient and go through the proper channels to request documents and information
    • Ability to build a strong case as to why a listing has been placed unlawfully based on client information crossed with relevant legislation
    • Ability to negotiate directly with the people that matter within the company in question
    • Knowledge of how to escalate a complaint when necessary, for the best outcome of the client

    Working within the law, a professional credit repair firm gives people the best chance of completely removing bad credit which should not be there. This way, they can apply for finance with a clean slate – achieving the interest rate of their choice, and saving themselves thousands.

    If someone is dreaming of white picket fences, the best way for them to confidently take charge of their “approvability” is to take charge of their credit file and what is says about them. With a clear credit file, they will be able to confidently apply for pre-approval, without stress, negotiating that best price on the house of their dreams.

    To order a free copy of your credit file, or for more information about professional credit repair contact MyCRA Credit Rating Repairs on 1300 667 218 or visit our main site www.mycra.com.au.

    Image 2: dan/ www.FreeDigitalPhotos.net

    Image 3: anankkml// www.FreeDigitalPhotos.net

  • W.A Government to toughen up on identity checks to combat identity fraud

    Western Australia’s Births Deaths and Marriages just got that little bit harder to swindle with the introduction of tighter identity controls to prevent identity theft and fraud. The changes come into effect next week and will mean anyone who applies for a birth, death or marriage certificate or a name change will have to provide at least three forms of current identification. We look at what these changes will mean in preventing fraud and subsequent bad credit history that shouldn’t be there, and why the positives of increased security outweigh any ‘inconvenience’.

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

    Attorney General Michael Mischin told Perth Now yesterday these tighter measures are designed to ensure those who are entitled to access personal information can do so easily, while deterring those who are not.

    “In the past few years thousands of West Australians have been affected by identity crime with millions of dollars stolen from innocent people,” Mr Mischin said.

    Under WA law people can face up to seven years jail if they produce, use or supply another person’s identification when there is intent to use that information to commit a crime, or facilitate someone else to commit a crime.

    The nature of this form of identity crime is pretty complicated, but the payoffs for the criminals would be huge. This type of identity fraud involves the use and misuse of someone’s personal information. Fraudsters may have one piece of the identity puzzle that they may have obtained from somewhere – say a credit application dumped un-shredded in a rubbish bin, personal details from social networking, or perhaps a stolen wallet containing a licence or bank account. What the fraudsters then do is look at piecing together different bits of information – requesting replacement copies of basic identity documents, even changing addresses until they have enough information to commit fraud. The icing on the cake for this type of identity fraud – would be obtaining a replacement copy of an actual birth, death or marriage certificate.

    If fraudsters had this type of document, they could easily apply for new credit in their victim’s name – even going so far as to mortgage a property in their victim’s name.

    The ramifications of this crime would be absolutely devastating for the victim. They would not only be in debt thousands and thousands of dollars, but also facing a series of defaults against their name which would stop them getting credit in their own right for a very long time (up to 7 years).

    Western Australia has not been without its share of well-publicised fraud cases. One such bout late last year involved the mortgaging of properties owned by overseas investors.

    In 2010 Wembley Downs retiree Roger Mildenhall had his Karrinyup investment property sold without knowing anything about it. And in 2011 Nigerian-based scammers sold a Ballajura property without the owners’ knowledge.

    The previous owners were living and working overseas at the time and didn’t discover the property had been sold until they 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 of 2011 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 in September last year.

    Following this, the WA Government was prompted to upgrade its security measures for overseas-based property owners.

    “WA property owners living abroad who are concerned about identity theft can now lodge a caveat over their property to reduce the risk of being targeted by scammers, under a raft of anti-fraud measures introduced by Landgate,”Lands Minister Brendon Grylls said at the time.

    “They could remove the caveat only by attending Landgate’s Midland office in person and completing a 100-point identity check”, Mr Grylls said.

    Under the range of increased security measures, all transfers of land executed overseas now requires a 100-point identity check, signatures to be witnessed by an Australian Consular officer and the sales will need to be independently checked by at least two senior Landgate officers.

    The introduction of new security at the Births, Deaths and Marriages Departments seems a no-brainer, and a change which should be going across the board in every Australian State.  A person’s identity and their credit file are the flag for their financial life, and to allow any fraudster opportunity to mess with that through less than bullet-proof security of their personal information is to do them a great disservice.

    If you have been a victim of identity theft – whether you have lost money or not – don’t forget three important rules…

    1. Tell Police and/or the ACCC. We must report these crimes – however “embarrassing” it may be.

    2. Tell your Creditors. Just because nothing has happened yet, doesn’t mean it won’t in the future. Alert them to your identity theft vulnerability before you become a victim and your bank accounts or credit rating suffers.

    3. Check your Credit File. Make sure you have not had credit taken out in your name. If you haven’t – warn the credit reporting agencies that you may be vulnerable to identity theft.

    If you find defaults on your credit file which should not be there, you may require help to recover your good name. Contact a Credit Repair Advisor on 1300 667 218 to discuss your suitability for credit repair or visit our main site for more information www.mycra.com.au.

    Image: photostock/ www.FreeDigitalPhotos.net

  • What Is Credit Repair? How you can fix a bad credit rating

    Many people have only a vague idea of what a ‘credit rating’ is or how they get one, until they are banned from credit.

    If you are refused credit because of your credit rating, then you find out quite quickly what that elusive credit file really does, and why a clear credit rating is so important. Lenders or ‘Creditors’ that you have borrowed from have the ability to report about your repayments on a central national database – called your credit file. What Creditors say about you determines whether or not someone else will lend you money or services in the future.  This system is not always accurate. So we look at what happens if you are given a bad credit rating, have a negative listing on your credit file, or also commonly termed a ‘bad credit score’ and how credit repair may be appropriate to fix your bad credit.

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

    Recently, A Current Affair ran a story about well-known Australian actor, John Jarratt and his bad experience with fixing his credit rating after a listing was placed incorrectly on his credit file. The story, titled Phone Bill Fiasco demonstrated the difficulty John had in dealing with his Creditor and recovering his good name. John said he wanted to tell his story for all those ‘little guys’ that find it difficult to stand up to these companies over billing mistakes that see them refused credit.

    We look at what John could have done, or anyone else facing a similar situation, could do to resolve those credit listing complaints and fix their bad credit that shouldn’t be there.

    Can a bad credit rating happen to you?

    You’re sitting in front of your mortgage broker, heart in your throat, being told that the house you spent months searching for, the house you paid hundreds for inspections for, the house that your family is head over heels for, is not going to be yours.

    “I’m sorry mate, your credit file shows up with a default listing, and the lender is not willing to lend you the money based on this,” your brokers says.

    “What!” you reply. “I haven’t ever defaulted on my payments, it must be a mistake – what was it for?”

    “Well unfortunately your credit file only gives the amount, an account number and a business, so you will need to research it from there,” your broker explains.

    Once you pick yourself up off the floor, you begin to try to get to the bottom of what’s happened to your credit file.

    You call the credit reporting agency, and they give you a copy of your credit file.

    After what seems like days on hold to the company in question, you have no luck resolving this so-called outstanding account. You feel like you are just going around in circles with no joy – until finally someone from the company tells you to pay the outstanding amount (of which you’re not even sure you owe) and the matter will be settled.

    So you do, of course, expecting the matter to be at an end. Only to find your listing has merely changed to ‘paid’. Your broker says this will probably not change the outcome of your borrowing capacity with the lender.

    So you spend more hours on the phone with your Creditor, before being told that default listings are never actually removed, but can be marked as paid. That is the best they can do.

    For 5 years this listing will haunt your dreams – well your financial dreams anyway – as you are refused not only the home loan, but even a new credit card, a car loan or mobile phone plan.

    What is the solution to bad credit?

    The best solution to fix bad credit is to have it removed from your credit file.

    Contrary to what your creditor may have told you, bad credit can be removed, if it should not be there in the first place. If a listing has been placed unlawfully on your credit file, or it contains errors, then it needs to be removed from your credit file.

    You just need someone on your side, who can give you a hand with all of the legislation mumbo-jumbo, look over your records and see what went wrong, spend time dealing with your creditor for you (which includes knowing who to talk with and how to talk to them the right way so you get the best result), and working on your behalf with all parties – including the credit reporting agencies to give you the best chance of actually having that listing off your credit file permanently. This is what professional credit repairers can do for you.

    I can’t afford a lawyer!

    Many of the more reputable credit repairers will have one or more lawyers on staff, but their services come at a fraction of the cost a Solicitor would. It is a specialised field – we know a whole lot about one aspect of the law – as it applies to credit reporting. This allows us to pass on our knowledge at a fraction of what it would cost you for a Solicitor. We also have a working relationship with most Creditors, and have spent the time to know how to negotiate with them most effectively to get the best outcome for listing removal.

    Some credit repairers work differently to others. At MyCRA Credit Rating Repairs, payments are made in stages. We charge an assessment fee, which is fully refundable, in which we obtain and review your credit file. Next, once we determine you are actually suitable for credit repair, you are charged the next stage of fees – to actually prepare your case for the listing or listings to be removed from your credit file, and present that case to your Creditor and any appropriate higher authorities. As no cases can be absolutely guaranteed, we reserve the final stage of payment for when your listing is actually removed from your credit file. See a schedule of MyCRA’s current costs.

    Where are the savings in using a credit repairer?

    We outlay on average 20 working hours per default. Not only will you save yourself this time, but in comparison to legal costs – at say, $250 per hour (you could be up for about $5,000 per default) you will save money. If you are lucky enough to be successful in having the listing removed, you will also save thousands in interest as you will be able to borrow with a mainstream lender, rather than go into a non-conforming loan at a high interest rate.

    Families with a bad credit rating who enter into a $300,000 loan with a non-conforming lender will be paying a staggering $15,046.57 or more just over the first three years of the loan. This is credit repair saving is calculated based on a standard variable rate of 7% versus a non-conforming interest rate of 9%.

    Why can’t credit repair be guaranteed?

    It would be nice to guarantee every client that they will have their bad credit rating removed. But although we have a previous track record of up to 91.7% of removal in cases we take on, there are people who unfortunately don’t get the outcome we hope for. At rare times, despite our best efforts, and despite sometimes there being moral grounds for removing the listing, there can be found no legal avenue for requesting your Creditor remove the listing from your credit file, or we simply run into a stalemate with our negotiations with your Creditor. Unfortunately despite a whole lot of work on your file, sometimes after a final Management Review we are forced to close it. For this reason, we reserve the final stage of payments for once the listing has actually been removed.

    How long does credit repair take?

    If we had a crystal ball we could tell you how quickly your Creditor is going to respond to our requests to supply the documentation on your account, or how quickly they will respond to our formal complaint, whether they will dispute the complaint and if so, whether we will need to escalate the complaint to the Creditor’s Ombudsman and also how much legislation we will need to review to formulate your case. Since there are so many unpredictable factors to credit repair cases, we can’t give you a firm time. What we can tell you is that we aim for 45-60 days for our cases. But do understand there is no onus on the Creditor to remove the listing. Most times we give them the best persuasive case so they are encouraged to do so, or we can help encourage the removal via their industry Ombudsman but at times, they can really drag the chain in helping us help you – so do bear that in mind.

    What do I need to do to get started repairing my credit rating?

    We can do it all – from requesting a free copy of your credit file on your behalf, to requesting your account information, to dealing with your Creditor. All you need to do once the listing is removed, is to call the credit reporting agencies and confirm you clear credit file and you are on your way again with a clean slate.

    For a consultation, call us tollfree on 1300 667 218 or visit our main website www.mycra.com.au.

    What we ask from you, is your complete honesty in regards to your case, and the belief that we will do our utmost to make sure you have your financial freedom back again.

    Image 1: photostock / www.FreeDigitalPhotos.net

    Image 2: David Castillo Dominici / www.FreeDigitalPhotos.net

  • Telcos may be forced to reign in their mobile roaming charges

    Going overseas? Often you are told to be wary about using your mobile in case you are charged for international roaming. And with good reason – many clients get what’s commonly called “bill shock” after returning from overseas. But it was announced last week that the government is cracking down on these charges. We look at what this means for you and your credit file.

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

    Recently we gave you a breakdown of things to look out for with your credit file when traveling. In this blog post, titled How An Overseas Trip Can See You With Bad Credit we looked at ways in which you could be at risk of getting a bad credit rating when traveling overseas. Number 3 on the list of ways you can cop bad credit on an overseas trip was phone charges:

    Many phone companies charge you extra for calls you make and receive while you are o/s. Call your telco provider and make sure you know all the facts before you take your phone on a holiday with you. It might be better to get an overseas phone or SIM for your trip instead.

    We help a number of clients who have had a default or other credit listing placed on their credit file during or after the course of a bill dispute following what customers call “excessive” “outrageous” and “unfair” mobile roaming charges which see them with whopping phone bills they either can’t pay or refuse to pay.

    But it seems telcos may soon be forced to reduce their mobile roaming charges.

    The Australian reports in its story New Move to Cut Mobile Roaming Charges,that the Australian and New Zealand governments have combined to stop telcos on both sides of the Tasman from hitting travellers with excessive mobile roaming fees.

    Communications Minister Stephen Conroy and New Zealand Communications Minister Amy Adams today released a draft report that looks at ways to cut charges and improve transparency.

    “The draft report makes it clear that telecommunications companies are stinging consumers on trans-Tasman mobile roaming charges and that their profit margins are excessive,” Senator Conroy told reporters in Canberra.

    The findings have already prompted the federal government to protect Australians travelling further abroad.

    The Australian Communications and Media Authority (ACMA) has been told to create an industry standard for mobile roaming so charges for call, text messages, internet surfing are transparent.

    Senator Conroy said the standard should be in place within a year.

    “One of the most common complaints that I hear is from people who return from overseas and are confronted by a mobile phone bill that runs into the hundreds or even thousands of dollars,” he said.

    Both Ministers said the frequency of travel between nations highlights the need for common and reasonable pricing for international roaming.

    They are now seeking feedback on the draft report from the telecoms industry, ahead of formulating their final responses.

    In the meantime, there are many who are currently facing these billing issues. The important thing to remember is – whenever any changes are made or agreements are reached, whether it be with your billing charges or your accounts, or when going overseas, you should always request things be sent to you in writing for confirmation.

    If you are worried about what may have been reported about you on your credit report, you are entitled to obtain a copy of your credit report for free from the credit reporting agencies in Australia (you can do this once every 12 months). A report will be mailed to you within 10 days of your request.

    If you think a default on your credit file is wrong, or you want to dispute your credit report, contact a professional credit repairer to discuss your suitability for credit repair. If the credit listing is incorrect, contains errors or just shouldn’t be there, a credit repairer can help prepare your case and give you the best chance of having the default or other mistake on your credit file completely removed so you can apply for credit with a clean slate. Contact a Credit Repair Advisor at MyCRA Credit Rating Repairs on 1300 667 218 or visit our main website www.mycra.com.au.

    Image: adamr/ www.FreeDigitalPhotos.net

  • Dating scam victims most likely to be vulnerable to identity theft

    The Australian Institute of Criminology (AIC) Consumer Fraud Taskforce has published results of an online consumer fraud survey conducted in 2010 and 2011. There have been some interesting revelations, particularly the likelihood that dating scam victims can suffer both financial loss and disclosure of their personal details (the building blocks of identity theft). We look at this survey in detail, and what the results could mean for the health of your credit rating.

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

    The AIC’s Online Consumer Fraud Survey was published last week.

    This report presents the results of the 2010 and 2011 surveys, which each ran for three months commencing from 1 January and encompassed National Fraud Prevention week that coincides with global awareness-raising activities. The theme of the 2010 campaign was Online Offensive—Fighting Fraud Online, which focused on the increased prevalence of online fraud. In 2011, the campaign Scams—It’s Personal aimed to increase awareness about personalised and targeted frauds and scams.

    Both surveys explored scams where respondents had been contacted by phone, SMS, email, letter, via the internet and/or in person by someone that they did not know in relation to:

    • having won a lottery or some other prize (lottery scams);
    • a request for assistance to transfer money out of another country (such as Nigeria; advance fee frauds);
    • a notification of an inheritance (inheritance scams);
    • a request from a business to confirm personal details or passwords (phishing scams);
    • a request to supply financial advice (financial advice scams);
    • an opportunity to work from home (a front for money laundering; work from home scams);
    • pursuing a personal relationship that turned out to be false (dating scams); and
    • other fraud types.

    It was found about 1145 people who responded to the survey lost almost $7 million in 2011 to scams.

    Dating scams were the most likely to result in financial loss or the disclosure of personal details, with almost half of victims reporting they had lost money. Dating scams are more complex and can use identity fraud, along with information gathered from social networking sites, to target and groom particular individuals.

    In 2010, people aged 45 to 54 reported the highest percentage of victimisation. In 2011 the age group with the highest victimisation rate shifted to those aged 65 years and over.

    Assistant Treasurer David Bradbury says it is important that anyone targeted by a criminal scammer report it to the Australian Competition and Consumer Commission on 1300 795 995.

    “Even if the amount of money or information involved seems small, the same scammer could be targeting other people and that information can help prevent more fraud,” Mr Bradbury said in a statement to the media last week.

    Here is an excerpt from the AIC’s report, on the findings of that survey:

    Scams were received by a large proportion of the survey respondents—89 percent in 2010 and 94 percent in 2011. While lottery scams, advance fee frauds, phishing and work from home scams were the most common types of scams received, they were not necessarily the ones that resulted in the highest levels of victimisation. Dating scams, although less prevalent, were the most likely to result in the disclosure of personal details or a financial loss when a respondent was exposed to them. This finding is consistent with scam complaints made to the ACCC (2012a) and indicates that it is not sufficient to just raise awareness about the most commonly received scam invitations, but there must also be a focus on the more obscure scams.

    The results of the number of people falling victims to scams, and the types of scams people have fallen for year to year have changed. This sends some messages about scams:

    1. Education is working. Once consumers are made aware of a scam in the community – it might be likely that victim numbers fall for that particular scam.

    2. Fraudsters are concocting new scams all the time. Because consumers are getting educated – fraudsters are changing scams all the time. Consumers need to be on their guard for new scams.

    3. Just because people have not identified a monetary loss, does not mean the personal details that fraudsters have been able to obtain will not be used at some future time for purposes of identity theft.

    4. The number of people reporting scams is still fairly low – are we all getting too blasé about scams – and at what cost?

    Here is another excerpt from the AIC’s report:

    One of the salient findings from the surveys was the low reporting rate to law enforcement and regulatory agencies. The main reasons provided for not reporting were not thinking anything would be done, being unsure of which agency to contact and perceiving that reporting was not worth the effort. A failure to report scams is problematic, in part because it reduces knowledge and understanding of the nature and extent of scams, not only for creating awareness about current threats, but also in coordinating law enforcement investigations and collecting evidence about small-value, high-volume frauds that may affect a large number of victims. A focus on the reasons why scams were reported, namely preventing others from being scammed, knowing it was the right thing to do and to assist in investigating and apprehending offenders, may be useful in the development of future education campaigns that encourage others to report scams.

    How scams can affect the victim’s credit rating

    For people who have fallen for this type of scam, generally they are robbed of money. But in some cases, the fraudsters can have enough personal information about their victims to be able to get credit cards or loans or even mortgage properties in their name.

    The costs can be significant long term for the victim and are magnified by the fact that fraud is not often detected until the victim attempts to take out credit in their own name and is refused due to credit rating defaults they didn’t initiate.

    It can be quite a shock for someone to realise their entire financial freedom has been taken away, along with any monies that have been stolen from them. Basically someone with credit file defaults finds it extremely difficult to obtain credit for 5 years while the listing is part of their credit record.

    Any kind of credit account (from mortgages and credit cards through to mobile phone accounts) which remains unpaid past 60 days can be listed as a default by creditors on the victim’s credit rating. Credit rating defaults remain on credit files in Australia for 5 years. The consequence of people having a black mark on their credit rating is generally an inability to obtain credit.

    By law in Australia, if a credit listing contains inconsistencies or is incorrect, the credit file holder has the right to negotiate their amendment or removal, but the difficulty is, to clear their good name, the identity theft victim needs to prove to creditors they did not initiate the credit. Not only are victims generally required to produce police reports, but large amounts of documentary evidence to substantiate to creditors the case of identity theft – another reason for vigilant reporting of scams when we come across them.

    For those respondents of the AIC’s survey that revealed disclosure of personal details, I sincerely hope they were advised to keep an eye on their credit report as well as their bank accounts.

    Often going unchecked until the time of credit application, an identity theft victim’s credit report can often be the first sign they have been duped – and by then they can have debts owing and defaults or other listings ruining their financial futures and ability to obtain credit in the future and any signs of the perpetrator of this event can be long gone.

    For advice on how to keep an eye on your credit report if you feel you may be vulnerable to identity theft or if you wish to try to recover your credit file following fraud – contact MyCRA Credit Rating Repairs on 1300 667 218 or visit our main website www.mycra.com.au.

  • Charging for credit repair – What method is best?

    Credit repair is a fairly new phenomenon. But it has been borne out of a real gap in the ability for the average consumer to handle the information on their credit report as it relates to agencies, the creditor and credit reporting legislation. So we are very much needed. But we also need to act with integrity. So what is the best way to charge clients for the service of credit repair? What is in the best interests of the consumer – a fee for service approach or a no-win-no fee approach? And what are the rules for how to best help consumers ethically?

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

    Recently I read an article in the Sydney Morning Herald Tougher Stand Taken on Credit Files about the new credit laws currently in Parliament and how they could help consumers. But it came with it a warning at the end about credit repair companies. It seems on the whole we don’t get a good rap out there. Consumers are warned against credit repairers because we are charging for something people can technically do for themselves.

    Yes, technically they can. There is no secret to that. But in reality, this is not happening.

    Consumers we meet are getting told that they can’t get their listings removed – at best they can be marked as paid if the debt has been settled. They have been told the debt is valid when it isn’t; they have also had information changed on their accounts; they have not been given the right amount of notice and more.

    Consumers are meant to know how to tackle these big guys without knowing the legislation. With this in mind, how are they meant to have success in removing their own credit rating errors?

    However NSW Consumer Credit Legal Centre, Karen Cox, in this article reports on some pretty dodgy practices amongst credit repairers out there, and this is also a concern of mine.

    “Some have used aggressive tactics to try to persuade the lender or credit reporting agency to remove legitimate listings.
    And in some instances that Cox’s staff have dealt with, the credit repair company has persuaded the consumer to enter Part IX insolvency arrangements, which they subsequently administer for a fee,” the SMH reports.

    So how do we rise out of these criticisms as an industry and provide the much-needed ethical version of credit rating repair? By addressing our fees and in turn our ethics.

    Earlier this year, I wrote an article on fee structure in the credit repair industry http://grahamdoessel.com/wp/credit-rating-repair-customer-costs-a-tale-of-two-business-models/, investigating the two customer payment business models current in the credit rating repair industry, ‘fee for service’ and ‘no win no fee’ payments.

    I also found in my research that the credit rating repair industry was falling way down in its credibility. Some companies weren’t advertising their fees, some were charging way too much and delivering too little – and this was creating mistrust across the board and tarnishing the reputation of what is actually a necessary service.

    Here are the two types of payment structure I investigated:

    Fee for service
    ‘Fee for service’ in the credit rating repair industry, means a fixed amount charged to a client for an agreed level of service. This is charged based on the level of service and or performance. This means that the fee structure is provided to the client up front, and as the client approaches each stage of service, the fee for that service will be due.

    No win no fee
    ‘No win no fee’ cost agreements are also known as conditional cost agreements. No win no fee broadly means that the client only pays credit rating repair costs if their claim is successful. I found that the definition of a “successful claim” varied greatly between credit rating repairers.

    I found that no one single method suited the industry entirely. Both had their merits for consumers and should be allowed to co-exist alongside some basic best practice methods which crossed both approaches.

    Pros of fee for service
    Upfront fees give the consumer more reassurance they will be told what they are going to get, how much it will cost, and because money has changed hands – the credit rating repairer will be bound to deliver what they have promised.

    This model allows the credit rating repairer to give better service to the consumer, through the increased level of commitment by the consumer.

    What I found important in a fee for service model, was the refundable assessment fee. This takes the benefits of fee for service to another level – by assuring those that enter into this business payment model are refunded any monies should they not proceed beyond the assessment stage of credit rating repair.

    Cons of fee for service
    The difficulty in a fee for service model is its restriction on consumers who can’t afford upfront payment, and can’t borrow due to a bad credit rating. At the same time, the fee for service credit rating repairer would likely impose less ‘defaults’ on consumer credit files.

    Recently MyCRA Credit Rating Repairs (who runs a fee for service model) implemented a payment plan system, to accommodate those clients who couldn’t afford to pay a large sum up front.

    Cons of no win no fee
    I found hidden costs let down this customer payment method significantly from a ‘best practice’ standpoint. Extra costs; and hidden costs dumped on consumers regardless of their success in credit rating repair can lead to confusion and anger over fees and charges.

    There is also the potential to skip vital steps in assessment which can lead to an inadequate volume of information prior to the engagement of credit repair – potentially leading to promises of credit repair not based in fact.

    Furthermore, should non-payment arise, the company may be forced to place defaults on credit files– a woeful situation that no credit rating repairer wishes to be in.

    Pros for no win no fee
    I found the no win no fee business payment model had merit due to the ability to help those people who otherwise could not afford credit repair.

    Other industries
    In deciding which customer business payment model to adopt for the credit rating repair industry, I address other professions where these debates have occurred.

    The financial planning industry is on the cusp of streamlining a fee for service payment model across the entire financial planning sector. This has been in response to demand for better transparency to combat criticism of conflict of interest – and uses a ‘best interest’ approach.

    This consumer ‘best interest’ approach has strong merit when constructing any best practice customer payment model in the credit rating repair industry.

    In the legal arena, the no win no fee model popular in personal injury claims has been criticised for misleading advertising and hidden costs, something which the credit rating repair industry should keep in mind when making any reforms.

    Recommendations for payment models
    I found both business models had merits for credit rating repair, provided these changes were made:

    – Refundable upfront fees
    –  Full disclosure of all fees, charges, terms and conditions on advertising.

    These changes would make customer payments fair and simple to understand.

    These best practice reforms would create transparency and credibility and would vastly contribute to providing a valid place for credit rating repair in Australasia’s credit reporting landscape in the future.

    Ethics in credit rating repair
    Ethics in credit rating repair should not be an anomaly.

    ”It [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”][credit rating repair] is a completely unregulated area,” Ms Cox says in the SMH article.

    But this is no longer true. The necessity for regulation has prompted an industry body to form – the Credit Repair Industry Association of Australasia (CRIAA).

    The newly published CRIAA Code of Conduct for the credit rating repair industry gives weight to ethical practice, fee structure and advertising, and sets some benchmarks in this area. See their website for more details as well as the full CRIAA Code of Conduct www.criaa.org.au.

    The opinion of Graham Doessel reflected in this article is personal and does not necessarily reflect the opinion of the CRIAA or any of its members.

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

  • Australia has new privacy legislation to fight worldwide cybercrime

    New laws passed the Senate yesterday changing Australia’s privacy legislation to bring us in line with other countries and pave the way for Australia to accede to the Council of Europe Convention on Cybercrime – effectively allowing Australia to work alongside other countries to share and access information to aid in investigations of cybercrime. We look at the implications for this new bill, and the benefit in investigating fraud cases which can not only lead to loss of monies but negatively impact the victim’s credit file.

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

    We have been following the passage of this Bill through Parliament for over 12 months, since its introduction into the House of Representatives in June. See http://mycra.com.au/blog/2011/06/government-brings-laws-war-cyber-crime-identity-theft/ and http://mycra.com.au/blog/2011/11/bill-fight-global-cybercrime-coming-year/ and looking at the possible impact these changes could have on identity theft numbers.

    The Cybercrime Legislation Amendment Bill 2011 amends the Mutual Assistance in Criminal Matters Act 1987, the Criminal Code Act 1995, the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997.

    The Government amended the Bill in the Senate to address some of the recommendations made by the Joint Select Committee on Cyber-Safety, including privacy protections and aspects of the provision of assistance to foreign agencies. The Government has agreed in principle with 12 of the Committee’s 13 recommendations.

    The passing of the Bill means Australia is one step closer to acceding to the Council of Europe Convention on Cybercrime, meaning it would join 34 other nations that have already become a party to the Convention. The Convention is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with computer-related fraud, child pornography and violations of network security.

    Attorney-General Nicola Roxon said in a statement to the media yesterday that the Convention will help make it easier for police to track down cyber criminals around the world.

    “In particular, this will help combat criminal offences relating to forgery, fraud, child pornography, and infringement of copyright and intellectual property.

    “The Convention promotes a coordinated approach to cybercrime by requiring countries to criminalise these computer related offences. The Convention also establishes procedures to make investigations more efficient to improve international cooperation,” Ms Roxon says.

    Privacy Protection or Privacy Invasion?

    One well publicised change to Privacy Law will be the increase in police powers of surveillance. Police will be able to enforce the retaining of data by internet service providers on persons of interest even before they have an arrest warrant.

    Whilst these legal changes are widely approved, some raised concerns during a Senate inquiry into online privacy that this part of the law threatens the Privacy of individuals and threatens human rights and civil liberties.

    There are so many reports that the world is effectively chasing the tail of cybercriminals – the extent of which is far-reaching and difficult to combat. Australia is reportedly now a prime target for fraud with many accounts of scams, bugs, phishing attacks etc etc often instigated from overseas shores.

    To find out more about how we as ordinary Australians fit into the cyber-crime puzzle, you can read our blog post about the ‘Dark Market’: http://mycra.com.au/blog/2011/09/insight-%e2%80%98dark-market%e2%80%99-cyber-crime-underworld/.

    And often by the time people know they have had fraud committed against them the dust has long settled on any trace.

    But the effects can be felt for years by their victims, especially if the fraudsters are able to steal an identity, and take credit out in their victim’s name. The victim is then not only faced with a mountain of debt, and a series of defaults against their credit file. Both of which are not easy to recover from. They have to prove it wasn’t them that initiated the debt – pretty hard when there is no actual ‘perpetrator’ that anyone can see.

    For the sake of people in this situation, and victims of other cybercrimes – in particular, child pornography which is possibly more rampant, more damaging and more difficult to investigate – we need to get united as we are on the Web.

    It may be a bitter pill to swallow for Australians to give up some of their rights to Privacy to be replaced with more privacy protection but we may all have to swallow it regardless.

    What you can do to protect your credit rating from identity theft

    Our message at MyCRA Credit Rating Repairs is: please take steps to protect your credit rating from fraud!

    Educate yourself – visit the government sites like SCAMwatch, Stay Smart Online, and the Attorney-General’s website. If you are interested in keeping up to date with what could be occurring – say in cyber-circles you can visit technology sites like ZD Net Australia, or Computerworld or even subscribe to MyCRA’s RSS Feed for updates on security issues affecting credit files.

    Know what’s on your credit file – grab a free copy of your credit file today from one or more of Australia’s credit reporting agencies, Veda Advantage, Dun & Bradstreet, and TASCOL in Tasmania which will be mailed to you within 10 days.
    Your credit report is free every 12 months – take advantage of this by ordering a copy every year. Make sure there are no defaults currently attached to your file. If they shouldn’t be there or there are errors – you may be eligible for credit repair.

    If you feel vulnerable to fraud, for a fee credit reporting agency Veda offers an ‘alert’ service, which informs you of ANY changes to your credit file such as a change of contact details or a credit enquiry, which would point to you being a victim of identity theft – possibly BEFORE there are harmful defaults put against your name.

    For more information on identity theft, or help with credit repair following identity theft, contact MyCRA Credit Rating Repairs tollfree on 1300 667 218 or visit our website www.mycra.com.au.

    Image: Victor/ www.FreeDigitalPhotos.net

    Image 2: thanunkorn/ www.FreeDigitalPhotos.net

  • Debt Struggles Plague Queenslanders and threaten their credit history

    Queensland is according to those in the know, still experiencing the economic implications of disaster following the recent floods. Ratings agency Fitch has released its latest study which still shows the State as the worst-performing in the nation. We look at why this may be occuring, and the ramifications of mortgage delinqency for the credit file.

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

    A mortgage ‘delinquency’ – is classified as such when a borrower is at least 30 days behind in repayments. According to Fitch, Queensland has more delinquencies than any other state in Australia.

    According to The Australian yesterday, Queensland has six out of the 10 worst-performing regions in the nation led by Ipswich, Gold Coast east and west, Logan City, Caboolture Shire and the Sunshine Coast, which has experienced major property market “volatility”.

    It also reports Queensland has the highest rate of 90-day delinquency in the country (mortgages about to default) – that rate is 0.78 per cent vastly more than the national average of 0.63 per cent.

    Fitch analyst James Zanesi said the Reserve Bank’s interest rate cuts in May and June would help ease the mortgage stress but the benefits were yet to be felt by home owners.

    Fitch estimates there is a four-month lag between rates being cut and troubled mortgages starting to improve.

    Mr Zanesi said the unemployment rate was one of the most important factors in directing the future of the property market and mortgage stress. The Fitch report showed the Western Australian market was performing well, with the state’s delinquency rate below the national average.

    According to a story Borrowers Struggling in tourism areas in the Brisbane Times, the large proportion of Queensland arrears also has to do with investment and tourism in sea-side suburbs along the east coast.

    Here is an excerpt from that story:

    RP Data research director Tim Lawless said the biggest falls in the ”lifestyle” market had occurred in Queensland and NSW.

    Prices of units in Cairns have fallen 22.2 per cent from their peak, while units on Victoria’s Surf Coast have lost 6.8 per cent.

    ”All these markets really have quite a similar performance in the sense that we’ve seen some material declines in values,” Mr Lawless said.

    The ongoing sharemarket slump has also choked off housing demand from some Australian retirees, many of whom have deferred plans to retire on the coast, he said.

    ”All those people that were aspiring to put their feet up at the Gold Coast and retire, a lot of them are rethinking because they’ve seen a halving of their share portfolio and their retirement savings aren’t what they used to be,” Mr Lawless said.

    The ongoing weakness in beachside regions suggests the poor performance of regional tourism is hurting the value of holiday home investments.

    On the Gold Coast, for instance, Fitch analyst James Zanesi said many of the borrowers who were falling behind on their repayments were investors, rather than owner-occupiers.

    ”When house prices are going down you might have a borrower who is trying to hold onto a home because they don’t want to make a loss.”

    For investors – a housing market slump can significantly hurt their chances of staying in the clear with their credit file. But it often comes down to decision making.

    When property prices go down and buyers are scarce, many struggle with repayments. Add perhaps a little drop in employment in an area meaning perhaps rental rates come down when more people choose to live where the work is, and you have a property worth less, with no tenant or rental returns less than than forecasted. Many investors feel they are in a no-win situation – so they figure the best thing to do is wait and cross their fingers for improvement.

    But just as I advise families struggling to make repayments on their residential home – burying your head in the sand about debts is never the safest option.
    Anyone whose mortgage has gone into arrears has a serious problem if they can’t make the repayments. They have to look the situation square in the face – without pride getting in the way and make some tough decisions on what to do next.

    For investors, it might mean cutting their losses and selling for less – yes less than what they purchased the home for. If the alternative is to suffer bad credit from mortgage arrears – then it can often be the kindest option. When the opportunity arises they can easily re-enter the property investment market without any credit blemishes. If they wait around for the bank to take the home, not only will there be defaults against their name, but there could also be a bigger debt from the bank once costs are incurred.

    For those families struggling to pay the mortgage on their residential home, it is a similar issue. If the reason for arrears is simply due to unemployment or illness, the family needs to contact their lender and attempt to work out a variation on their repayments – preferably prior to any arrears – and certainly prior to a default. See more on how to apply for a financial hardship variation with your lender.

    If the problem gets bigger, less temporary, then the best thing for them could be to sell. It is certainly preferential to going Bankrupt and having their credit history scarred for life. It is also better than facing 5 to 7 years without access to credit through having a default or similar listing noted on their credit rating.

    Defaults – which are noted after a repayment is more than 60days in arrears effectively destroy a person’s credit rating for 5 years. They are not only refused a home loan, but most mainstream credit including mobile phone plans. It’s pretty serious.

    Anyone who is finding it hard to meet mortgage repayments should contact creditors and attempt to work out a payment plan.

    Most banks want to work with people to help them out of a rough patch. But if they fail to contact, and fail to pay, they will be defaulted.

    Image: Kittikun Atsawintarangkul/ www.FreeDigitalPhotos.net

    Image 2: jscreationzs/ www.FreeDigitalPhotos.net

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

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

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

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

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

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

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

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

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

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

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

    What It Means To Have a Bankruptcy Notation

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

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

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

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

    Talk to your creditors

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

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

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

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

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

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

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

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

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

    What about if the creditor has already issued a default?

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

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

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

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

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

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

    Sacrifice and struggle is better than bankruptcy

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

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

    If legal proceedings have commenced it may not be lost

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

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

    Image 1: nuttakit/ www.FreeDigitalPhotos.net

    Image 2: Grant Cochrane/ www.FreeDigitalPhotos.net

  • New Credit laws passed Parliament yesterday which may protect those who need it most

    It’s not the long awaited comprehensive credit reporting, but it is the Consumer Credit Legislation Amendment (Enhancements) Bill 2012 passed by Parliament yesterday and waiting for Royal Assent. The reforms will among other things, alter laws around financial hardship, and put the first national cap on payday loans – which should assist those people who are struggling with credit and access to credit. We look at what this Bill will and won’t do for people on the fringe, or people who are under hardship, and what the implications will be in terms of their credit file and maintaining a good credit rating.

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

    For someone who is struggling with debt, keeping your head just above water and avoiding defaults is the best thing you can do for yourself. This is why the ‘streamlining’ of laws around financial hardship is so important. For someone who is suffering temporary hardship to be able to discuss alternative arrangements with their lender other than being hit with a default on their credit file is so vitally important because if they are unable to secure a hardship variation, the consequences can be dire – which starts with defaults, and can end with more debt and defaults.

    The consequences of having a negative credit listing, whether that be a default, a Judgment, a writ or a Clearout is generally a ‘lock-down’ of mainstream credit services for the term of the listing which is between 5 and 7 years. Once that lower-interest option is no longer available to you, it’s time to seek aid in other areas, especially in times of emergency. So that is where the payday lenders come in, or non-conforming lenders in the mortgage marketplace. These lenders have a bigger ‘risk’ because you may have a bad credit record, so they charge more in interest to offset that risk.

    The Government has decided to crack down on payday lenders and cap their interest rates. Minister for Financial Services Bill Shorten said in a statement to the media yesterday, that these reforms will stop loan sharks from exploiting vulnerable Australians:

    “These laws will place reasonable limits on what lenders can charge. The cap on costs appropriately balances consumer protection while still allowing lenders a return that is commercial.”

    “The Gillard Government has moved to reduce the financial harm caused by lenders who ruthlessly impose excessive fees and charges simply because vulnerable consumers cannot obtain alternative access to credit. These reforms continue the Gillard Government’s ongoing commitment to deliver a fair go for all Australians,” explained Mr Shorten.

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

    The legislation will also introduce a number of other reforms according to Mr Shorten:

    • Applying a cap to other credit contracts based on the 48% cap currently in force in some Australian States. The Commonwealth cap addresses the range of avoidance techniques lenders currently have devised to avoid that cap.
    • Responsible lending obligations to address high risk conduct by small amount lenders.
    • For seniors who use reverse mortgages, greater certainty as to future outcomes when they enter into such contracts that the amount they are required to pay cannot exceed the value of the equity in their home (through a no negative equity guarantee).
    • Simplifying the procedures for borrowers to apply for a variation to their repayments on the grounds of financial hardship, as it is in the best interests of both parties to try and resolve these situations as quickly and simply as possible.

    Some objected to the Bill, saying the Government had effectively gone soft on the payday lenders.

    In The Australian, Greens Senator Sarah Hanson-Young said the final version was so weak it could have been written by the loan sharks.

    As a credit repairer, I am of the view that any restriction on interest rate for pay day loans is a welcome move. But I see the bigger picture. Some people who are forced into these situations are there because the system has failed them. Not all defaults deserve to be there, but they all have the same outcome for prospective borrowers. They are banned from obtaining mainstream credit.

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

    So in an emergency situation, people who are stuck with bad credit must turn to payday loans. Including those people that aren’t able to obtain a hardship variation for their circumstances, and have a default or other negative listing placed on their credit file.

    So I do applaud the new laws, but it’s not over yet.

    I am still waiting to see how the new credit laws within the Privacy Amendment Bill will impact on the ease of correction of mistakes in credit reporting as well as how overdue payments are going to impact their ability to get mainstream credit before I hang my hat up and say that the Government has done all it can to help vulnerable consumers and give a ‘fair go for all Australians’.

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

    Image: Daniel St.Pierr/ www.FreeDigitalPhotos.net