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National Consumer Credit Protection Regulations 2010
Form 12—Information about debtor’s rightForm 12—Information about debtor’s rights after default
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## Form 12—Information about debtor’s rights after default
paragraphs 88(3)(f) and (g) of the Code
regulation 86 of the Regulations
If you cannot make a repayment:
1. Contact us immediately
Contact us \[insert telephone number or email address for dealing with financial hardship applications\] to discuss your situation. If there is a reason why you cannot make repayments we may be able to help you by agreeing to vary your contract. The sooner you contact us the easier it will be to assist you.
You have specific legal rights to request changes be made to your contract to help you repay the debt if:
you cannot make repayments due to hardship (for example, illness, unemployment or some other good reason); and
you expect to be able to make the repayments if the terms of your contract are changed; and
you entered into your contract:
on or after 1 July 2010 and the amount you have borrowed is less than $500 000; or
before 1 July 2010 and the amount you have borrowed is less than the relevant threshold.\*
You may request that we:
- extend the term of your contract and reduce repayments; or
- extend the term of your contract and delay payments for a set time; or
- delay payments for a set time without extending the term of your contract.
Alternatively, you may request that we negotiate with you to postpone any further action that we may take against you.
If you do not contact us before \[insert default notice period end date\], we may commence further action against you.
IMPORTANT
There is no guarantee that we will agree to change your contract or postpone any further action.
After we receive your application, we will provide you with a written notice within 21 days stating whether or not we agree to the change.
If we agree, you will receive a written notice detailing the agreement within 30 days.
If we refuse, we will provide you with reasons. You have the right to have the decision reviewed.
2. Right to review
If we refuse your request to change your contract, you can ask us to reconsider. If we still refuse, or if we do not respond to your request within 21 days, you can go to the AFCA scheme by \[insert contact details and method(s) for lodging complaints\]. You should apply as soon as we refuse your request or fail to respond.
THE AFCA SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS.
If we fail to respond, we may have breached our obligation to you. You can contact ASIC on 1300 300 630 or through ASIC’s website at http://www.asic.gov.au.
Alternatively, if we refuse, you can ask a court to make changes to your contract.
You can also ask a court to delay enforcement action against you. You may wish to get legal advice, for example from a community legal centre or Legal Aid, on how to go about this.
There are other people, such as financial counsellors, who may be able to help.
\* You can find out what the relevant threshold is by contacting us or referring to ASIC’s website at http:// www.asic.gov.au or contacting ASIC on 1300 300 630.