Losing your job can be very
traumatic.
It throws your whole financial plan into chaos and
can create a lot
of extra worry and stress upon yourself and your family.
If you have debts they still have to be paid and this can be
very difficult.
However under the Uniform Consumer Credit Code
(the law
governing personal, non-business credit)
you are entitled to approach your
credit provider about a hardship variation.
In many cases you will be
able to come to an acceptable arrangement
with your creditors just by talking to
them and explaining your situation.
Should your creditor fail to
respond you can make a formal application for an hardship variation.
In NSW this
is under sect.66 of the Consumer Credit Code.
Should you still not have
success you can apply to the
CTTT
(Consumer, Trader and Tenancy Tribunal) for a
variation.
If you don’t talk to your
creditors they won’t know you are are sick
and they will treat any non-payment
of the loan as a default.
This may result in legal action or repossession of the
mortgaged goods, if it is a secured loan.
If you Lose your job you should
Contact Centrelink about any benefit you may be entitled to.
Get legal advice if you think you have been unfairly dismissed or discriminated against by your employer
Talk to your creditor
Do a money plan or budget to work out what you can afford
Check that you have received all your entitlements, get advice if you believe you have not.
Consider making a formal hardship application or an application to the CTTT
if your creditor refuses to negotiateTalk to a financial counsellor if your creditor refuses to negotiate a realistic payment plan
To work out what you can afford you should do a money plan or budget. Click here
For
Centrelink advice on
Benefits
If you are having problems
with Centrelink
Contact the
Welfare Rights
Centre
The
Consumer Credit Legal
Centre has produced a range of
useful fact sheets on
credit and debt issues.
For Hardship Variations
Employment
rights
For information contact
CTTT (Consumer, Trader & Tenancy Tribunal)
If your lender refuses your application for a hardship variation or does not
respond you can apply
to the Commercial Division of the Consumer, Trader &
Tenancy Tribunal asking for an order that
the lender agree to the variation you
have asked for.
How to Apply
for a Hardship Variation in the
Consumer
Tenancy and Trader Tribunal
Click Here
To get the
application form for
CTTT
(Consumer, Trader and Tenancy Tribunal)
Commercial Division application form
Disclaimer: The information contained on this web site
is of a general nature. It is intended as a guide and you must not rely
on the information contained on this website for legal purposes. If you
have a legal problem you must seek independent legal
advice from a qualified legal practitioner. To the extent permissible by
law, the Lismore and District Financial Counselling
Service Inc. disclaims all liability for anything contained on or
accessed via this site and any use you make of it.
Please note that some of the information on this website applies to residents of NSW
Australia only.
Credits: Web content produced with funding from the
Sugar Industry Reform Program.