Financial Rights needs case studies for some upcoming law reform work.
We are calling on caseworkers and financial counsellors to send us your de-identified case studies. Please send case studies to julia.davis@financialrights.org.au
While we are happy to hear about any systemic issues you are seeing, we are particularly interested in getting stories in the following areas:
Bankruptcy
1. Raising the Threshold
We are looking for good examples of people being threatened with bankruptcy for debts under $50,000. Especially debts that are below $20,000. If you have evidence of the amount of legal fees being added to these debts that would be helpful too.
2. Extending the time to respond to a Bankruptcy Notice
We are looking for stories where a debtor has not had enough time to see a financial counsellor or get free legal advice before the 21 days to respond to a Bankruptcy Notice expires. Do you have a client that came to you for help right before the Notice period expired? Have you spoken with someone in the Bankruptcy Court that was not able to get advice at all because they did not have enough time?
3. Lifetime listings on the NPII
We are looking for examples of people who have suffered harm because of the NPII lifetime bankruptcy listing. Has this made it difficult for them to access services or find a place to rent?
4. Faster discharge
We are looking for stories of people who could have benefited from a faster discharge from bankruptcy. People who would have started a business or gotten a better job if they could have gotten a fresh start sooner.
5. Easier annulments for inappropriate bankruptcies
We are looking for examples of clients that should never have been made bankrupt, but the current annulment proceedings are too arduous or expensive for them to get out.
Strata
We are looking for case studies around people who are being threatened with bankruptcy or at risk of losing their home over unpaid strata levies. We are particularly interested to see examples of Bankruptcy Notices which are primarily for strata levies. Personal details on these notices can be redacted before you send them through.
Credit Reporting
There is a comprehensive review about to commence around the laws governing credit reporting. This review will include the relatively new rules around financial hardship reporting.
Please send through any case studies you have relating to credit reporting disputes if you think they demonstrate an area of the law that is not working for people.
We are particularly interested in examples of:
- People who are afraid to enter hardship arrangements because financial hardship information is now being reported on credit reports
- Hardship arrangements that are not being reported how the person thought they would be. (There has been some breakdown in communication with the creditor over how the arrangement would appear on the credit report)
- Defaults that are statute barred but still listed
- Listings made by Telcos or Energy companies that don’t seem right
- Listings made by BNPL companies that don’t seem right
- Problems with complaints handling by credit reporting bodies like Equifax/Experian, etc.
- Problems arising when a person is trying to refinance and their credit report is preventing them getting a better deal
Mortgage Stress
As interest rates go up and cost of living increases we know lots of homeowners are feeling the pinch. If you have seen examples of people dealing with mortgage stress and the lender is not acting reasonably we would like to hear about it. We know there is not a lot that financial counsellors can do for someone who simply can no longer afford their mortgage payments, but if you hear about a situation that seems unfair, or a systemic trend we should raise with Government, please let us know.
Please send any examples of the above issues to julia.davis@financialrights.org.au
