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NCCP Hardship Provisions

Discussion in 'Legal Issues' started by Drgonzo, 18th Jun, 2016.

  1. Drgonzo

    Drgonzo Well-Known Member

    Joined:
    30th Jun, 2015
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    Location:
    Berry NSW
    Hello

    A relative of mine is having some difficulty meeting their repayments under their mortgage. The mortgage is with a major lender. After a relationship breakdown she has had to change jobs and separate from her partner of 30 plus years. The partner is a guarantor on the loan and the bank knew at the time they approved the mortgage that they were separating.

    When she entered into the mortgage the bank represented to her that provided the value of the house increased on completion (she bought the house without floor finishes and some other things) they would keep the repayments at interest only. She relied upon that representation when she entered into the mortgage but I don't have a copy of it to see how it was translated into the loan contract or if it was at all.

    A valuation carried out by the bank confirms the property has increased considerably in value almost 100k above what she paid.

    The bank is now asking for principal and is treating her fairly poorly (has started garnishing accounts). She has no capacity to repay principal but can meet the interest payments.

    My question is what obligation does a bank have to accept a hardship variation under s 72 of the Consumer Credit Code (schedule 1 to the NCCP)?

    A secondary question arises around the representation made by the bank prior to entering into the mortgage but I suspect that one needs legal advice.

    Appreciate any thoughts or experience with this thanks.
     
  2. Marg4000

    Marg4000 Well-Known Member

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    Qld
    Every financial institution shouod have a disputes resolution section. If your friend cannot access this, then I would advise she phone the Financial Ombudsman for advice.
    In the first instance, they will probably give her a name and a direct phone contact of a person in the bank who handles matters like this.

    If not satisfied with the response, the Ombudsman can launch an investigation.
    Marg
     
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  3. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Does she have evidence for these representations?
     
  4. thatbum

    thatbum Well-Known Member

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    Its not clear, but has she even asked for one? I can't remember the last time one of my clients asked and actually got refused a variation.
     
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  5. Drgonzo

    Drgonzo Well-Known Member

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    Location:
    Berry NSW
    I will need to check to see whether or not it was in writing