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THE LENDER IS THREATENING TO TAKE US TO COURT

THE LENDER IS THREATENING TO TAKE US TO COURT

When you have received a standard notice and/or the lender is threatening legal proceedings, you’ll want to work urgently. You need to instantly:

  1. Forward a page into the loan provider asking for a variation of one’s contract due to hard­ship (when you have maybe not sent one). The lender and ask for a variation on the grounds of financial hardship if this is not possible ring.
  2. Lodge an application in writing or online in EDR, scheme, which will be administered by the Australian Financial Complaints Authority (AFCA). Its contact information are:
  • Ph: 1800 931 678
  • E-mail: info@afca.org.au
  • Online: afca.org.au

SIGNIFICANT: The lender cannot commence court procedures against you once you’ve lodged a written dispute with AFCA before the dispute is set (or AFCA considers it cannot think about your dispute).

3. Get legal counsel.

IF a STATEMENT has been received by you OF CLAIM

  1. In NSW you have got 28 times through the date you may be offered having a declaration of claim to register a defence. Following the 28 times has elapsed the financial institution can put on for judgment. It is suggested you lodge with AFCA rather than file a defence in Court. You need to lodge with AFCA prior to the loan provider will get judgment, so lodge with AFCA at the earliest opportunity. (See point 2 above).