NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - SCHEDULE 1 Forms

NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - SCHEDULE 1

(subregulation   6(1))

Form 1 -- Notice requiring reasonable assistance in connection with an investigation and appearance at an examination

subsection   253(2) of the Act

regulation   32 of the Regulations

To:   1

In relation to an investigation of   2

you are notified that under subsection   253(2) of the National Consumer Credit Protection Act 2009 (the Act) you are required:

(a)   to give the Australian Securities and Investments Commission (ASIC) all reasonable assistance in connection with the

    investigation; and

(b)   to appear at   3 on

  4 at

  5 before   6

for examination on oath or affirmation and to answer questions put to you in relation to the investigation.

Please note the provisions of subsection   257(1) of the Act (relating to legal representation) and section   295 of the Act (relating to self - incrimination). The effect of those provisions is set out at the end of this form.

Dated   4

Signature of person authorised

by ASIC to conduct the

examination:

NOTICE OF RELEVANT STATUTORY PROVISIONS

1.   Subsection   257(1) of the Act provides that a person who is required to submit to an examination is entitled to have his or her lawyer attend the examination. It also provides that the person's lawyer may address the inspector or ask the person questions about matters raised with the person by the inspector.

2.   (1)   You must not fail to comply with this notice without reasonable excuse (see subsection   290(1) of the Act).

  (2)   It is not a reasonable excuse for failure to comply with this notice that giving information or signing a record or producing a book might tend to incriminate you or expose you to a penalty (see subsection   295(1) of the Act).

  (3)   However, if:

  (a)   before making an oral statement or signing a record in answer to this notice you claim that making the statement or signing the record might tend to incriminate you or expose you to a penalty; and

  (b)   making the statement or signing the record might in fact tend to incriminate you or expose you to a penalty;

the statement, or the fact that you have signed the record, is not admissible in evidence in any criminal proceedings, or proceedings for the imposition of a penalty, against you other than proceedings in respect of the falsity of the statement or the record.

  (4)   The right to make a claim of this kind is not available to a body corporate (see section   295 of the Act).

1   I nsert full name and address of the person to whom the notice is to be given.

2   Insert the nature of the matter to which the investigation relates.

3   Insert time of day.

4   Insert date.

5   Insert full particulars of the address of the place at which the requirement is to be satisfied.

6   Insert full name of the person conducting the examination.

Form 2 -- Summons to witness

subsection   284(1) of the Act

regulation   34 of the Regulations

In the matter of   1

To:   2

at   3 you are summoned to appear before the Australian Securities and Investments Commission (ASIC)

on   4

at   5 and thereafter to attend from day to day until the hearing in this matter is completed or you are excused or released from further attendance by a member of ASIC.

You are required to produce the following document(s) at the hearing:

  6 .

Dated   4

Signature of person authorised by

ASIC to issue summons:

1   I nsert description of matter.

2   Insert full name and address of the person to be summoned to appear.

3   Insert time of day.

4   Insert date.

5   Insert full particulars of the address of the place where the hearing is to be held.

6   Insert description(s) of the documents that are to be produced at the hearing.

Form 4 -- Prescribed terms and conditions of mortgage

paragraph   9(3)(f) of the Code

regulation   66 of the Regulations

  1   In this mortgage--

"Code" means the National Credit Code.

"goods" means the goods hired under the hire contract.

"hire contract" means the contract for the hire of goods as a consequence of which the mortgagor and the supplier are deemed by paragraph   9(3)(f) of the Code to have entered into this mortgage.

"mortgagor" means the person to whom the goods are hired under the hire contract.

"supplier" means the person from whom the goods are hired under the hire contract.

  2   The mortgagor gives and the supplier takes a mortgage of the goods.

  3   The mortgagor's right or obligation to purchase the goods, which is contained in the hire contract, is extinguished.

  4   Subject to item   5, the supplier may take possession of the goods, or may take possession of, and sell, the goods if--

  (a)   the supplier was induced by fraud on the part of the mortgagor to enter into the hire contract; or

  (b)   the mortgagor, contrary to a term of the hire contract, has attempted to assign or dispose of the goods; or

  (c)   the mortgagor, contrary to a term of the hire contract, has--

  (i)   failed to keep the goods in good order and repair; or

  (ii)   failed to keep the goods insured or registered; or

  (d)   the mortgagor has made default in the payment of any instalment or other monetary sum due under the hire contract; or

  (e)   the mortgagor has made default in any other obligation under the hire contract which is likely to affect directly the value of the supplier's security; or

  (f)   the mortgagor has returned the goods to the supplier, or has given notice in writing to the supplier, that the mortgagor can not continue to observe the obligations imposed by the hire contract.

  5   Nothing in item   4 affects the operation of any statute or any principle of law or equity applicable to the rights and duties of the mortgagor or supplier in relation to each other.

Form 5 -- Information statement

paragraph   16(1)(b) of the Code

regulation   70 of the Regulations

Things you should know about your proposed credit contract

    This statement tells you about some of the rights and obligations of yourself and your credit provider. It does not state the terms and conditions of your contract.

    If you have any concerns about your contract, contact the credit provider and, if you still have concerns, the AFCA scheme, or get legal advice.

The contract

  1   How can I get details of my proposed credit contract?

    Your credit provider must give you a precontractual statement containing certain information about your contract. The precontractual statement, and this document, must be given to you before--

• your contract is entered into; or
• you make an offer to enter into the contract;

    whichever happens first.

  2   How can I get a copy of the final contract?

    If the contract document is to be signed by you and returned to your credit provider, you must be given a copy to keep. Also, the credit provider must give you a copy of the final contract within 14 days after it is made. This rule does not, however, apply if the credit provider has previously given you a copy of the contract document to keep.

    If you want another copy of your contract, write to your credit provider and ask for one. Your credit provider may charge you a fee. Your credit provider has to give you a copy--

• within 14 days of your written request if the original contract came into existence 1 year or less before your request; or
• otherwise within 30 days of your written request.

  3   Can I terminate the contract?

    Yes. You can terminate the contract by writing to the credit provider so long as--

• you have not obtained any credit under the contract; or
• a card or other means of obtaining credit given to you by your credit provider has not been used to acquire goods or services for which credit is to be provided under the contract.

    However, you will still have to pay any fees or charges incurred before you terminated the contract.

  4   Can I pay my credit contract out early?

    Yes. Pay your credit provider the amount required to pay out your credit contract on the day you wish to end your contract.

  5   How can I find out the pay out figure?

    You can write to your credit provider at any time and ask for a statement of the pay out figure as at any date you specify. You can also ask for details of how the amount is made up.

    Your credit provider must give you the statement within 7 days after you give your request to the credit provider. You may be charged a fee for the statement.

  6   Will I pay less interest if I pay out my contract early?

    Yes. The interest you can be charged depends on the actual time money is owing. However, you may have to pay an early termination charge (if your contract permits your credit provider to charge one) and other fees.

  7   Can my contract be changed by my credit provider?

    Yes, but only if your contract says so.

  8   Will I be told in advance if my credit provider is going to make a change in the contract?

    That depends on the type of change. For example--

• you get at least same day notice for a change to an annual percentage rate. That notice may be a written notice to you or a notice published by your credit provider.
• you get 20 days advance written notice for--
• a change in the way in which interest is calculated; or
• a change in credit fees and charges; or
• any other changes by your credit provider;

    except where the change reduces what you have to pay or the change happens automatically under the contract.

  9   Is there anything I can do if I think that my contract is unjust?

    Yes. You should first talk to your credit provider. Discuss the matter and see if you can come to some arrangement.

    If that is not successful, you may contact the AFCA scheme. The AFCA scheme is a free service established to provide you with an independent mechanism to resolve specific complaints. The AFCA scheme can be contacted at [ insert telephone number, email/website and postal address ].

    Alternatively, you can go to court. You may wish to get legal advice, for example from your community legal centre or Legal Aid.

    You can also contact ASIC, the regulator, for information on 1300   300   630 or through ASIC's website at http://www.asic.gov.au.

Insurance

  10   Do I have to take out insurance?

    Your c redit provider can insist you take out or pay the cost of types of insurance specifically allowed by law. These are compulsory third party personal injury insurance, mortgage indemnity insurance or insurance over property covered by any mortgage. Otherwise, you can decide if you want to take out insu rance or not. If you take out insurance, the credit provider can not insist that you use any particular insurance company.

  11   Will I get details of my insurance cover?

    Yes, if you have taken out insurance over mortgaged property or consumer credit insurance and the premium is financed by your credit provider. In that case the insurer must give you a copy of the policy within 14 days after the insurer has accepted the insurance proposal.

    Also, if you acquire an interest in any such insurance policy which is taken out by your credit provider then, within 14 days of that happening, your credit provider must ensure you have a written notice of the particulars of that insurance.

    You can always ask the insurer for details of your insurance contract. If you ask in writing, your insurer must give you a statement containing all the provisions of the contract.

  12   If the insurer does not accept my proposal, will I be told?

    Yes, if the insurance was to be financed by the credit contract. The insurer will inform you if the proposal is rejected.

  13   In that case, what happens to the premiums?

    Your credit provider must give you a refund or credit unless the insurance is to be arranged with another insurer.

  14   What happens if my credit contract ends before any insurance contract over mortgaged property?

    You can end the insurance contract and get a proportionate rebate of any premium from the insurer.

Mortgages

  15   If my contract says I have to give a mortgage, what does this mean?

    A mortgage means that you give your credit provider certain rights over any property you mortgage. If you default under your contract, you can lose that property and you might still owe money to the credit provider.

  16   Should I get a copy of my mortgage?

    Yes. It can be part of your credit contract or, if it is a separate document, you will be given a copy of the mortgage within 14 days after your mortgage is entered into.

    However, you need not be given a copy if the credit provider has previously given you a copy of the mortgage document to keep.

  17   Is there anything that I am not allowed to do with the property I have mortgaged?

    The law s ays you can not assign or dispose of the property unless you have your credit provider's, or the court's, permission. You must also look after the property. Read the mortgage document as well. It will usually have other terms and conditions about what you can or can not do with the property.

  18   What can I do if I find that I can not afford my repayments and there is a mortgage over property?

    See the answers to questions 22 and 23.

    Otherwise you may--

• if the mortgaged property is goods -- give the property back to your credit provider, together with a letter saying you want the credit provider to sell the property for you;
• sell the property, but only if your credit provider gives permission first;

OR

• give the property to someone who may then take over the repayments, but only if your credit provider gives permission first.

    If your credit provider won't give permission, you can contact the AFCA scheme for help.

    If you have a guarantor, talk to the guarantor who may be able to help you.

    You should understand that you may owe money to your credit provider even after the mortgaged property is sold.

  19   Can my credit provider take or sell the mortgaged property?

    Yes, if you have not carried out all of your obligations under your contract.

  20   If my credit provider writes asking me where the mortgaged goods are, do I have to say where they are?

    Yes. You have 7 days after receiving your credit provider's request to tell your credit provider. If you do not have the goods you must give your credit provider all the information you have so they can be traced.

  21   When can my credit provider or its agent come into a residence to take possession of mortgaged goods?

    Your credit provider can only do so if it has the court's approval or the written consent of the occupier which is given after the occupier is informed in writing of the relevant section in the National Credit Code.

General

  22   What do I do if I can not make a repayment?

    Get in touch with your credit provider immediately. Discuss the matter and see if you can come to some arrangement. You can ask your credit provider to change your contract in a number of ways--

• to extend the term of your contract and reduce payments; or
• to extend the term of your contract and delay payments for a set time; or
• to delay payments for a set time.

  23   What if my credit provider and I can not agree on a suitable arrangement?

    If the credit provider refuses your request to change the repayments, you can ask the credit provider to review this decision if you think it is wrong.

    If the credit provider still refuses your request you can complain to the AFCA scheme. Further details about this scheme are set out below in question 25.

  24   Can my credit provider take action against me?

    Yes, if you are in default under your contract. But the law says that you can not be unduly harassed or threatened for repayments. If you think you are being unduly harassed or threatened, contact the AFCA scheme or ASIC, or get legal advice.

  25   Do I have any other rights and obligations?

    Yes. The law will give you other rights and obligations. You should also READ YOUR CONTRACT carefully.

    IF YOU HAVE ANY COMPLAINTS ABOUT YOUR CREDIT CONTRACT, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING THE AFCA SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT THE AFCA SCHEME OR GET LEGAL ADVICE.

    THE AFCA SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. THE AFCA SCHEME CAN BE CONTACTED AT [ INSERT TELEPHONE NUMBER, EMAIL/WEBSITE AND POSTAL ADDRESS ].

    PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.

Form 6 -- Disclosure about credit contracts

subsection   17(16) of the Code

subregulation   74(2) of the Regulations

Form 7 -- Disclosure about credit contracts

subsection   17(16) of the Code

subregulation   74(3) of the Regulations

Form 7A -- Disclosure about credit contracts (reverse mortgages)

subsections   18B(2) and (4) of the Code

regulation   74A of the Regulations

The rights of any spouse, partner or other resident in your home will be affected by this reverse mortgage

When this reverse mortgage needs to be repaid, if another person (including a spouse, partner or other family member) is living in your house THEY WILL HAVE TO MOVE OUT SO YOUR HOUSE CAN BE SOLD.

BEFORE YOU SIGN THE CONTRACT FOR THIS REVERSE MORTGAGE - You should carefully consider whether you want other people to continue living in the house, even if, for example, you move into aged care accommodation. To help you, you may wish to obtain independent legal advice.

If it is important to you that other people who live with you continue to have the right to remain in your home, then you should:

•   find a reverse mortgage that provides rights to other residents;

•   consider options other than a reverse mortgage.

If you need further information, go to www.moneysmart.gov.au .

MoneySmart shows you how reverse mortgages work.

Or call the Australian Securities and Investment Commission infoline on [provider to insert ASIC number] .

The National Information Centre on Retirement Incomes [NICRI] also provides a free independent telephone information service to consumers covering all aspects of reverse mortgages. To speak to an information officer from NICRI call [provider to insert NICRI number] .

Form 8 -- Disclosure about guarantee

section   55 of the Code

regulation   81 of the Regulations

Form 9 -- Information statement

section   56(1)(b) of the Code

regulation   82 of the Regulations

Things you should know about guarantees

    This information tells you about some of the rights and obligations of yourself and the credit provider. It does not state the terms and conditions of your guarantee.

Guarantees

  1   What is a guarantee?

    A promise by you that the person who is getting credit under a credit contract (the debtor ) will keep to all the terms and conditions. If that person does not do so, you promise to pay the credit provider all the money owing on the contract (and any reasonable enforcement expenses) as soon as the money is asked for, up to the limit, if any, stated in the guarantee. If you do not pay, then the credit provider can take enforcement action against you which may result in the forced sale of any property owned by you such as your house.

  2   How do I know how much the debtor is borrowing and how the credit charges are worked out?

    These details are on the copy of the credit contract or proposed credit contract that you should be given before you sign the guarantee.

  3   What documents should I be given?

    Before you sign the guarantee you should get--

• the document you are reading now; and
• a copy of the credit contract or proposed credit contract.

    Your guarantee is not enforceable unless you get a copy of the credit contract or proposed credit contract before you sign.

    Within 14 days after you sign the guarantee and give it to the credit provider, the credit provider must give you a copy of--

• the signed guarantee (if you do not already have a copy of the guarantee); and
• the credit contract or proposed credit contract (if you do not already have a copy of the contract).

  4   Can I get a statement of the amount that the debtor owes?

    Yes. You can ask the credit provider at any time for a statement of the amount the debtor currently owes or any amounts credited or debited during a period you specify or any amounts which are overdue and when they became overdue or any amount payable and the date it became due.

    The credit provider must give you the requested information--

• within 14 days if all the information requested related to a period 1 year or less before your request is given; or
• otherwise within 30 days.

    This statement must be given to you in writing if you ask for it in writing but otherwise may be given orally.

    You may be charged a fee for the statement.

    You are not entitled to more than 1 written statement every 3 months.

  5   How can I find out the payout figure?

    You can write to the credit provider at any time and ask for a statement of the amount required to pay out the credit contract as at any date you specify. You can also ask for details of the items that make up the amount.

    The credit provider must give you the statement within 7 days after you give your request to the credit provider. You may be charged a fee for the statement.

  6   What other information can I get?

    You can write to the credit provider and ask for a copy of--

• the guarantee; or
• any credit - related insurance contract (such as insurance on mortgaged property) the credit provider has; or
• a notice previously given to you, the debtor or the mortgagor under the National Credit Code.

    The credit provider must give you the requested copy--

• within 14 days of your written request if the contract came into existence 1 year or less before the request was given to the credit provider; or
• otherwise within 30 days.

    The credit provider may charge you a fee.

    Your request can be made any time up to 2 years after the end of the credit contract.

  7   Can I withdraw from my guarantee?

    You can withdraw from your guarantee at any time by written notice to the credit provider if the final credit contract is materially different from the proposed credit contract given to you before you signed the guarantee.

  8   Can I limit my guarantee?

    Yes, if it relates to a continuing credit contract (such as a credit card contract or an overdraft). In that case you can give the credit provider a notice limiting the guarantee so that it only applies to--

• credit previously given to the debtor; and
• any other amount you agree to guarantee.

  9   Can my guarantee also apply to any future contracts?

    No, unless the credit provider has given you a copy of the proposed new credit contract and you have given your written acceptance.

  10   If my guarantee says I have to give a mortgage, what does this mean?

    A mortgage means that you give the credit provider certain rights over any property you mortgage. If you default under your guarantee, you can lose that property and you might still owe money to the credit provider.

  11   Should I get a copy of my mortgage?

    Yes. It can be part of your guarantee or, if it is a separate document, you will be given a copy of the mortgage within 14 days after your mortgage is entered into.

  12   Is there anything that I am not allowed to do with the property I have mortgaged?

    The law says you can not assign or dispose of the property unless you have the credit provider's, or the court's, permission. You must also look after the property. Read the mortgage document as well. It will usually have other terms and conditions about what you can or can not do with the property.

  13   What can I do if I find that I can not afford to pay out the credit contract and there is a mortgage over my property?

    See the answer to question 22.

    Otherwise you may --

• if the mortgaged property is goods--give the property back to your credit provider, together with a letter saying you want the credit provider to sell the property for you;
• sell the property, but only if the credit provider gives permission first;

OR

• give the property to someone who may then pay all amounts owing under the guarantee or give a similar guarantee, but only if the credit provider gives permission first.

    If the credit provider won't give permission, you may contact the AFCA scheme for help. You should understand that you may owe money to the credit provider even after the mortgaged property is sold.

    The AFCA scheme is a free service established to provide you with an independent mechanism to resolve specific complaints. The AFCA scheme can be contacted at [ insert telephone number, email/website and postal address ].

  14   Can the credit provider take or sell the mortgaged property?

    Yes, if you have not carried out all of your obligations under your guarantee.

  15   If the credit provider writes asking me where the mortgaged goods are, do I have to say where they are?

    Yes. You have 7 days after receiving the credit provider's request to tell the credit provider. If you do not have the goods you must give the credit provider all the information you have so they can be traced.

  16   When can the credit provider or its agent come into a residence to take possession of mortgaged goods?

    The credit provider can only do so if it has the court's approval or the written consent of the occupier which is given after the occupier is informed in writing of the relevant section in the National Credit Code.

  17   If the debtor defaults, do I get any warning that the credit provider wants to take action against the debtor?

    In most cases both you and the debtor get at least 30 days from the date of a notice in writing to do something about the matter. The notice must advise--

• why the credit provider wants to take action; and
• what can be done to stop it (if the default can be remedied); and
• that if the same sort of default is committed within 30 days of the date of the notice and is not remedied within that period, the credit provider can take action without further notice.

    You should immediately discuss any warning notice with the debtor and consider getting independent legal advice and/or financial advice.

    However, there will be no warning notice if--

• there is a good reason to think the debtor committed a fraud to persuade the credit provider to enter into the contract; or
• the credit provider has been unable to locate the debtor after making reasonable efforts to do so; or
• the court says so; or
• there is a good reason to think that the debtor has, or will, remove or dispose of mortgaged goods without the credit provider's consent, or that urgent action is necessary to protect mortgaged property.

  18   When can the credit provider enforce a judgment against me?

    When--

• the credit provider has judgment against the debtor and if the judgment amount has still not been met 30 days after the credit provider has asked the debtor in writing to pay it; or
• the court says so because recovery from the debtor is unlikely; or
• the credit provider has been unable to locate the debtor after making reasonable efforts to do so; or
• the debtor is insolvent.

  19   If the debtor can not be found and the credit provider intends to take legal action against me do I get any warning?

    You may not. See the answer to question 17.

  20   Can the credit provider take action against me without first taking action against the debtor?

    Yes, but the credit provider will not be able to enforce any judgement against you except in the circumstances described in the answer to question 18.

  21   How much do I have to pay the credit provider if the debtor defaults?

    You have to pay what the debtor owes the credit provider, subject to any limit provided in the guarantee, plus the credit provider's reasonable expenses in making you honour your contract of guarantee.

General

  22   What can I do if I am asked to pay out the credit contract and I can not pay it all at once?

    Talk to the credit provider and see if some arrangement can be made about paying.

    If you can not come to a suitable arrangement, contact the AFCA scheme.

    There are other people, such as financial counsellors, who may be able to help.

  23   If I pay out money for a debtor, is there any way I can get it back?

    You can sue the debtor, but remember, if the debtor can not pay the credit provider, he or she probably can not pay you back for a while, if at all.

  24   What happens if I go guarantor for someone who is under 18 when he or she signs a credit contract?

    You are responsible for the full debt if the contract of guarantee has a clear and obvious warning. The warning has to tell you that the courts might not let you sue the debtor if you have to pay out the credit contract for him or her.

  25   Do I have any other rights and obligations?

    Yes. The law does give you other rights and obligations. You should also READ YOUR GUARANTEE carefully.

    IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING THE AFCA SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT THE AFCA SCHEME OR GET LEGAL ADVICE.

    THE AFCA SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. THE AFCA SCHEME CAN BE CONTACTED AT [ INSERT TELEPHONE NUMBER, EMAIL/WEBSITE AND POSTAL ADDRESS ].

    PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.

Form 10 -- Information after surrender of mortgaged goods

subsection   85(3) of the Code

regulation   84 of the Regulations

TO:       . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of mortgagor)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (address of mortgagor)

FROM:     . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of credit provider)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Australian credit licence number)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(address of credit provider)

. . . . . . . . . . . . . . . .

Date

CONTACT PERSON:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

(name, telephone number and address)

    You have returned mortgaged goods to the credit provider/asked the credit provider to sell the mortgaged goods. *

    This information tells you some of your rights and obligations and some of the options open to you.

Details you should know

    Description of the goods: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    Date you returned the goods to the credit provider/asked the credit provider to sell the goods * : . . . . . . . . . . . . . . . . . . . . . . .

    The cost of enforcing the mortgage up to the date you returned the goods to the credit provider/asked the credit provider to sell the goods * is $ . . . . . . . . . . . . . .

    The cost of the goods being in the credit provider's possession is $. . . . . . . . . . . . . . . . .

    per . . . . . . . . . . . . . . . . . **

    The credit provider's estimate of the value of the goods is $ . .

How to get the goods returned or not sold

    YOU CAN GET THE GOODS BACK OR STOP THEM BEING SOLD BY THE CREDIT PROVIDER IF YOU ASK THE CREDIT PROVIDER AND IF THE REPAYMENTS AND OTHER OBLIGATIONS UNDER THE CREDIT CONTRACT HAVE BEEN MET. YOUR REQUEST MUST BE MADE IN WRITING WITHIN 21 DAYS OF THIS NOTICE BEING GIVEN TO YOU.

If you do nothing, you may lose the goods.

Sale of goods

    The law says that the credit provider must get the best price reasonably obtainable for the goods.

    If you want to, you can introduce a buyer to the credit provider. This has to be done in writing within 21 days after the date of this notice and the buyer must be willing to pay the credit provider's estimate of the value of the goods or any greater amount for which the credit provider has obtained a written offer to buy the goods.

    The credit provider must offer to sell the goods to the buyer you have introduced.

    Your letter introducing the buyer has to reach the credit provider before the goods are sold. If you post the letter, it is best to send it by certified or registered mail. Then you can check that it was delivered. If you take it to the credit provider's office, you should get an employee of the credit provider to sign and date something to say that your letter has been received. Make sure you keep anything that was signed by that employee.

    Once the 21 day period has expired, the credit provider must sell the goods as soon as reasonably practicable unless you and the credit provider agree on some other time for sale.

    As mentioned above, the goods must be sold for the best price reasonably obtainable.

Finalising the contract

    As soon as the goods are sold, the total amount payable under the credit contract becomes due. The credit provider must credit you with the proceeds of the sale less--

• the amount owing under your mortgage (which can not be more than the amount owing under the contract); and
• any amount owing under a prior mortgage of the goods; and
• any amount owing under a subsequent mortgage of the goods which the credit provider knows about; and
• the credit provider's reasonable expenses of enforcing the mortgage; and
• the expenses reasonably incurred by the credit provider in connection with the possession and sale of the mortgaged goods.

    After the goods are sold the credit provider must give you a notice setting out certain information including--

• what the sale price was; and
• the net proceeds of the sale; and
• the amount credited to you; and
• the amount required to pay out the credit contract or the amount due under the guarantee.

General

    You should discuss this matter with the credit provider as soon as possible. You should know that even after the goods are sold, you will still have to pay the credit provider any amount still outstanding. You may be able to work out some alternative arrangement about your contract if you are the debtor. For example, you could ask the credit provider--

• to extend the term of the contract and either reduce the amount of each payment accordingly or defer payments for a specified period; or
• to simply defer payments for a specified period.

    The name and telephone number of the person to contact is on the front of this document.

    If you can not come to a suitable arrangement with the credit provider, contact the AFCA scheme immediately. If you are the debtor and have been unemployed , sick or there is another good reason why you are having problems making payments under your contract, then your contract may be able to be varied under the law to meet your situation.

    IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING THE AFCA SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT THE AFCA SCHEME.

    THE AFCA SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. THE AFCA SCHEME CAN BE CONTACTED AT [ INSERT TELEPHONE NUMBER, EMAIL/WEBSITE AND POSTAL ADDRESS ].

    Alternatively, you can seek legal advice, for example from a community legal centre or Legal Aid. There are other people, such as financial counsellors, who may be able to help.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(signature of credit provider or person signing on behalf of

credit provider)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of person signing)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(position of person signing)

*   Omit whichever is not applicable .

**   Indicate the daily, monthly or other rate at which enforcement expenses may accrue .

Form 11 -- Direct debit default notice

subsection   87(3) of the Code

regulation   85 of the Regulations

DIRECT DEBITS FROM YOUR BANK ACCOUNT

    A direct debit repayment has been dishonoured (not paid). Contact us [ insert telephone number or email address ] to arrange to make your payment. Check your direct debit request before your next payment is due. Make sure you understand how your direct debit works and what to do if you have a problem.

    Are you unable to make a payment?

    If you can not make a payment, you should contact us immediately. Depending on your circumstances, we may make changes to the repayments under your contract to help you repay the debt.

    You can ask us to:

• 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.

    If we refuse your request, you can ask us to reconsider. If we still refuse, 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 if we do not respond to you within 21 days.

    THE AFCA SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS.

    Alternatively, you can seek legal advice, for example from a community legal centre or Legal Aid. There are other people, such as financial counsellors, who may be able to help.

    Some useful tips on direct debits

    Make sure you have the correct account number . Ensure that you have not given the wrong account number, or that the direct debit has not been dishonoured due to the account being changed or closed.

    Read your Direct Debit Request Service Agreement carefully . Make sure you understand how much we will withdraw from your account and when we will withdraw it. Contact us if you need to change the dates on which the direct debit occurs.

    Have adequate funds in your account to meet your payments . This will ensure you don't default again or incur a fee for not having sufficient funds in your account.

    Check your bank statements . Make sure we are withdrawing the correct amount at the right time.

    Cancelling your direct debit . In most situations, you can cancel a direct debit with us or with the bank or financial institution where your account is held (provided you comply with any specific requirements). However, you need to make sure you have made alternative payment arrangements with us so that you do not default on your payment. Your instruction to cancel a direct debit may have to be in writing. Contact your bank or financial institution a few days after you have sent your written notification to check that the direct debit has been cancelled.

    Resolving a problem with your direct debit . If you have a problem with a direct debit you can make a complaint to us or to the bank or financial institution where your account is held. You can also contact the AFCA scheme for assistance in resolving the complaint if you were unable to resolve it with us. The AFCA scheme can be contacted at [ insert telephone number, email/website and postal address ].

    Get further information . If you have questions about direct debit authorities, talk to your bank or financial institution.

Form 11A -- Direct debit default notice

subsection   87(3) of the Code

regulation   85 of the Regulations

YOU NEED TO CONTACT US IMMEDIATELY

    1.   Is there a reason why your direct debit arrangements have failed?

    There may be reasons why your direct debit may fail, and you may wish to check with your bank or financial institution. If you need to change your direct debit arrangements, contact us at [ insert telephone number or email address for dealing with variations to direct debit arrangements ].

    If you continue to fail to make the payments due under your credit contract we may take action against you.

    2.   Are you experiencing financial difficulty? Contact us immediately

    Contact us * [ insert telephone number or email address for dealing with financial hardship applications ] to discuss your situation. We may be able to help you to repay your debt by varying your contract (for example, changing the amount or timing of your repayments). The sooner you contact us, the easier it will be to help you.

    If we refuse to change your contract, we will notify you in writing and you can seek a review of our decision by going to the AFCA scheme by [ insert contact details and method(s) for lodging complaints ].

    If you go to th e AFCA scheme, you may have enforcement action put on hold while your complaint is considered. You are not bound by the decision that the AFCA scheme makes and you can still apply to a court if you are not satisfied.

    THE AFCA SCHEME IS A FREE AND INDEPENDENT SERVICE TO RESOLVE COMPLAINTS.

    3.   If you are having financial difficulties you can also contact a financial counsellor on 1800   007   007 (free call)

For information about your options for managing your debts, ring 1   800   007   007 from anywhere in Australia to talk to a free and independent financial counsellor.

* Credit providers may replace the word "us" with the name of a relevant area. For example: "Contact our Hardship Team".

    Some useful tips on direct debits

Make sure you've given the right account number and there is enough money in the account to cover the direct debits.

Read your Direct Debit Request Service Agreement carefully and check your bank statements to make sure the right amount is being taken out at the right time. If there is not enough money in the account, you will be in default and may have to pay a fee for that default.

Changing or cancelling your direct debit

Contact us if you need to change the dates when the direct debit is taken out.

If you close the account, remember to change the direct debit so it comes from another account.

You can usually cancel a direct debit with us or with your bank or financial institution. You may need to do this in writing. Contact your bank or financial institution a few days after you've sent your written instruction to check that the direct debit has been cancelled.

Before you cancel a direct debit, make sure you've made other payment arrangements with us so you don't default on your payment.

Resolving a problem with your direct debit

If you have a problem with a direct debit you can complain to us or to your bank or financial institution. If you can't resolve your complaint with us, contact the AFCA scheme by [ insert contact details and method(s) for lodging complaints ].

For more information about direct debits, talk to your bank or financial institution.

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.

Form 12A -- Information about debtor's rights after default

paragraphs 88(3)(f) and (g) of the Code

regulation   86 of the Regulations

YOU NEED TO CONTACT US IMMEDIATELY

    1.   Are you in financial hardship? Contact us immediately

    Contact us * [ insert telephone number or email address for dealing with financial hardship applications ] to discuss your situation. We may be able to help you to repay your debt by agreeing to vary your contract (for example, changing the amount or timing of your repayments). The sooner you contact us, the easier it will be to help you.

    If you do nothing before [ insert default notice period end date ], we can commence enforcement action against you.

    If we refuse to change your contract, we will notify you in writing and you can seek a review of our decision by going to the AFCA scheme by [ insert contact details and method(s) for lodging complaints ].

    If you go to the AFCA scheme, you may have enforcement action put on hold while your complaint is considered. You are not bound by the decision that the AFCA scheme makes and you can still apply to a court if you are not satisfied.

    THE AFCA SCHEME IS A FREE AND INDEPENDENT SERVICE TO RESOLVE COMPLAINTS.

    2.   If you are having financial difficulties you can also contact a financial counsellor on 1800   007   007 (free call)

For information about your options for managing your debts, ring 1   800   007   007 from anywhere in Australia to talk to a free and independent financial counsellor.

3.   Your other rights

You have other rights, including the right to ask us to postpone any enforcement action before [ insert default notice period end date ].

* Credit providers may replace the word "us" with the name of a relevant area. For example: "Contact our Hardship Team".

Form 13 -- Consent to enter premises

subsection   99(2) of the Code

regulation   87 of the Regulations

. . . . . . . . . . . . . . .

Date

TO:       . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of credit provider)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Australian credit licence number)

FROM:     . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of occupier)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(address of occupier's premises)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

('the premises')

    I consent to the credit provider entering the premises for the purpose of taking possession of the mortgaged goods described below.

The mortgaged goods are: *

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(signature of occupier giving consent)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name, address and signature of credit provider's

representative by whom the consent was obtained)

*   Insert brief details of the mortgaged goods .

Form 14 -- Notice after taking possession of mortgaged goods

paragraph   102(1)(c) of the Code

regulation   88 of the Regulations

. . . . . . . . . . . . . . .

Date

TO:       . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of mortgagor)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(address of mortgagor)

FROM:     . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of credit provider)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Australian credit licence number)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(address of credit provider)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name, telephone and address)

    This information tells you some of your rights and obligations and some of the options open to you.

Details you should know

    Description of the goods: . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    Date the goods were taken: . . . . . . . . . . . . . . . . . . . . . . . . . . .

    The goods were taken because:. . . . . . . . . . . . . . . . . . . . . . . .

.     . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    The cost of enforcing the mortgage up to the date the goods were taken is $. . . . . . . . . . .

    The cost of the goods remaining in the credit provider's possession is $. . . . . . . . . . .per. . . . . . . . . . . . *

    The credit provider's estimate of the value of the goods is $. . . . . . . . . . .

How to get the goods back

IF YOU WANT THE GOODS BACK YOU MUST DO ONE OF THE THINGS LISTED BELOW AS SOON AS POSSIBLE. IF YOU DO NOT ACT WITHIN 21 DAYS AFTER THE DATE OF THIS NOTICE, THE CREDIT PROVIDER MAY SELL THE GOODS. IT IS ALSO POSSIBLE THAT THE GOODS MIGHT BE SOLD EARLIER IF THE CREDIT PROVIDER GETS A COURT ORDER.

Either

    You can get the goods back if you pay $ . . . . . . . . . and there is no repetition of the default that caused the goods to be taken. This amount of $ . . . . . . . . . . . . . is calculated as follows--

    Arrears . . . . . . . . . . . . . $ . . . . . . . . . . . . .

    Enforcement expenses . $ . . . . . . . . . . . . .

    TOTAL . . . . . . . . . . . . . $ . . . . . . . . . . . . .

OR

    You can pay out the credit contract. If you do this you can get the goods back and you do not have any further obligations.

    To give you an idea of what the amount required to pay out the credit contract may be, 2 figures are given below. The first is the amount required to pay out the contract at the date of this notice. The second is the amount required calculated 21 days from that date. Any difference is the result of further payments or charges that fall due between the 2 dates.

  1   Amount required to pay out

    the credit contract on    /    /      $

  2   Amount required to pay out

    the credit contract on    /    /      $

If you do nothing, you will lose the goods.

Sale of goods

    The law says that the credit provider must get the best price reasonably obtainable for the goods.

    If you want to, you can introduce a buyer to the credit provider. This has to be done in writing within 21 days after the date of the notice you receive and the buyer must be willing to pay the credit provider's estimate of the value of the goods or any greater amount for which the credit provider has obtained a written offer to buy the goods.

    The credit provider must offer to sell the goods to the buyer you have introduced.

    Your letter introducing the buyer has to reach the credit provider before the goods are sold. If you post the letter, it is best to send it by certified or registered mail then you can check that it was delivered. If you take it to the credit provider's office, you should get an employee to sign and date something to say that your letter has been received. Make sure you keep anything that was signed by the employee.

    Once the 21 day period has expired, the credit provider must sell the goods as soon as reasonably practicable unless--

• you and the credit provider agree on some other time for sale; or
• legal proceedings have been taken which prevent the sale.

    As mentioned above, the goods must be sold for the best price reasonably obtainable.

Finalising the contract

    As soon as the goods are sold, the total amount payable under the contract becomes due. However, the credit provider will have to deduct from what you owe any amount the credit provider gets for the goods less--

• the amount owing under your mortgage (which can not be more than the amount owing under the contract); and
• any amount owing under a prior mortgage of the goods; and
• any amount owing under a subsequent mortgage of the goods which the credit provider knows about; and
• the credit provider's reasonable expenses of enforcing the mortgage.

    After the goods are sold, the credit provider must give you a notice setting out certain information including--

• what the sale price was; and
• the net proceeds of the sale after the amounts mentioned above have been deducted; and
• the amount due under the credit contract or the amount of any surplus due to you; and
• details of any further recovery action that might be taken against you under the credit contract if you are the debtor.

General

    You should discuss this matter with the credit provider as soon as possible. You should know that after the goods have been sold, you will still have to pay the credit provider any amount still outstanding. You may be able to work out some alternative arrangement about the contract and mortgage. For example, if your are the debtor, you could ask the credit provider--

• to extend the term of the contract and either reduce the amount of each payment accordingly or defer payments for a specified period; or
• to simply defer payments for a specified period.

    The name, telephone number and address of the person to contact is on the front of this form.

    If you can not come to a suitable arrangement with the credit provider, contact the AFCA scheme immediately. If you are the debtor and have been unemployed , sick or there is another good reason why you are having problems with your contract, then your contract may be able to be varied under the law to meet your situation.

    IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING THE AFCA SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT THE AFCA SCHEME.

    THE AFCA SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. THE AFCA SCHEME CAN BE CONTACTED AT [ INSERT TELEPHONE NUMBER, EMAIL/WEBSITE AND POSTAL ADDRESS ].

    Alternatively, you can seek legal advice, for example from a community legal centre or Legal Aid. There are other people, such as financial counsellors, who may be able to help.

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(signature of credit provider or person signing on behalf of

credit provider)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of person signing)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(position of person signing)

*   Indicate the daily, monthly or other rate at which enforcement expenses accrue .

Form 15 -- Notice of right to terminate maintenance services contract

subsection   136(2) of the Code

regulation   91 of the Regulations

. . . . . . . . . . . . . . .

Date

TO:       . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of debtor)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(address of debtor)

FROM:     . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of credit provider)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Australian credit licence number)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(address of credit provider)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    The law says that you must be told, now that your credit contract has terminated, that you can also--

• terminate your maintenance services contract with

    . . . . . . . . . . . . . . .dated . . . . . . . . . . . . . . . . .

    . . . . . . . . . . . . . . . . . . . . . * ( supplier ); and

• recover from the supplier a proportionate rebate of the amount you have paid under the maintenance services contract.

    You must tell the supplier in writing if you want to terminate the maintenance services contract.

    The proportionate rebate must be calculated in accordance with the law.

    IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING THE AFCA SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT THE AFCA SCHEME OR GET LEGAL ADVICE.

    THE AFCA SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. THE AFCA SCHEME CAN BE CONTACTED AT [ INSERT TELEPHONE NUMBER, EMAIL/WEBSITE AND POSTAL ADDRESS ].

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(signature of credit provider or person signing on behalf of

credit provider)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of person signing)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(position of person signing)

*   Insert name and address of supplier under the maintenance services contract .

Form 16 -- Notice of right to cancel mortgaged property insurance

subsection   149(2) of the Code

regulation   95 of the Regulations

. . . . . . . . . . . . . . .

Date

TO:       . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of debtor)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(address of debtor)

FROM:     . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of credit provider)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Australian credit licence number)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(address of credit provider)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    The law says that you must be told, now that your credit contract has terminated, that you can also--

• terminate your insurance contract over mortgaged property financed under the credit contract; and
• recover from the insurer a proportionate rebate of premium paid under the insurance contract.

    Your insurer will not terminate the insurance contract unless you ask the insurer in writing to do so. If you terminate the insurance, you will not be covered in the event of loss or damage to the property.

    According to our records your insurer is . . . . . . . . . . . . . . . .

    The mortgaged property is --

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    The proportionate rebate of insurance must be calculated in accordance with the law.

    IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING THE AFCA SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT THE AFCA SCHEME OR GET LEGAL ADVICE.

    THE AFCA SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. THE AFCA SCHEME CAN BE CONTACTED AT [ INSERT TELEPHONE NUMBER, EMAIL/WEBSITE AND POSTAL ADDRESS ].

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(signature of credit provider or person signing on behalf of

credit provider)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of person signing)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(position of person signing)

Form 17 -- Information statement

subsection   175(1) of the Code

regulation   105 of the Regulations

Things you should know about your consumer lease

    This statement tells you about some of the rights and obligations of yourself and your lessor. It does not state the terms and conditions of your lease.

The lease

  1   How can I get details of my lease?

    Your lessor must give you a copy of your consumer lease with this statement. Both documents must be given to you within 14 days after the lessor enters into the consumer lease, unless you already have a copy of the consumer lease.

    If you want another copy of your lease write to your lessor and ask for one. Your lessor may charge you a fee. Your lessor has to give you a copy--

• within 14 days of your written request if the contract came into existence 1 year or less before your request; or
• otherwise within 30 days.

  2   What should my lease tell me?

    You should read your lease carefully.

    Your lease should tell you about your obligations, and include information on matters such as--

• details of the goods which have been hired; and
• any amount you have to pay before the goods are delivered; and
• stamp duty and other government charges you have to pay; and
• charges you have to pay which are not included in the rental payments; and
• the amount of each rental payment; and
• the date on which the first rental payment is due and either the dates of the other rental payments or the interval between them; and
• the number of rental payments; and
• the total amount of rent; and
• when you can end your lease; and
• what your obligations are (if any) when your lease ends.

    This information only has to be included in your lease if it is possible to give it at the relevant times.

    If your lease does not tell you all these details, contact the AFCA scheme, or get legal advice, for example from a community legal centre or Legal Aid, as you may have rights against your lessor.

  3   Can I end my lease early?

    Yes. Simply return the goods to your lessor. The goods may be returned in ordinary business hours or at any other time you and the lessor agree on or the court decides.

  4   What will I have to pay if I end my lease early?

    The amount the lease says you have to pay.

    If you have made rental payments in advance then it is possible that your lessor might owe you money if you return the goods early.

  5   Can my lease be changed by my lessor?

    Yes, but only if your lease says so.

  6   Is there anything I can do if I think that my lease is unjust?

    Yes. You should talk to your lessor. Discuss the matter and see if you can come to some arrangement.

    If that is not successful, you may contact the AFCA scheme.

    THE AFCA SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. THE AFCA SCHEME CAN BE CONTACTED AT [ INSERT TELEPHONE NUMBER, EMAIL/WEBSITE AND POSTAL ADDRESS ].

    Alternatively, you can go to court. You may also wish to get legal advice, for example from a community legal centre or Legal Aid, and/or make a complaint to ASIC. ASIC can be contacted on 1300   300   630 or through ASIC's website at http://www.asic.gov.au.

The goods

  7   If my lessor writes asking me where the goods are, do I have to say where they are?

    Yes. You have 7 days after receiving your lessor's request to tell your lessor. If you do not have the goods you must give your lessor all the information you have so they can be traced.

  8   When can my lessor or its agent come into a residence to take possession of the goods?

    Your lessor can only do so if it has the court's approval or the written consent of the occupier which is given after the occupier is informed in writing of the relevant section in the National Credit Code.

General

  9   What do I do if I can not make a rental payment?

    Get in touch with your lessor immediately. Discuss the matter and see if you can come to some arrangement.

    You can ask your lessor to change your lease in a number of ways--

• to extend the term of your lease and reduce rental payments; or
• to extend the term of your lease and delay rental payments for a set time; or
• to delay rental payments for a set time.

  10   What if my lessor and I can not agree on a suitable arrangement?

    If the lessor refuses your request to change the rental payments, you can ask your lessor to review this decision if you think it is wrong.

    If the lessor still refuses your request, you can complain to the AFCA scheme. Further details about this scheme are set out below in question 12.

  11   Can my lessor take action against me?

    Yes, if you are in default under your lease. But the law says that you can not be unduly harassed or threatened for rental payments. If you think you are being unduly harassed or threatened, contact the AFCA scheme or ASIC, or get legal advice.

  12   Do I have any other rights and obligations?

    Yes. The law will give you other rights and obligations. You should also READ YOUR LEASE carefully.

    IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING THE AFCA SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT THE AFCA SCHEME OR GET LEGAL ADVICE.

    PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.

Form 18 -- Direct debit default notice

subsection   179C(2) of the Code

regulation   105J of the Regulations

YOU NEED TO CONTACT US IMMEDIATELY

    1.   Is there a reason why your direct debit arrangements have failed?

    There may be reasons why your direct debit may fail, and you may wish to check with your bank or financial institution. If you need to change your direct debit arrangements contact us at [ insert telephone number or email address for dealing with variations to direct debit arrangements ].

    If you continue to fail to make the payments due under your consumer lease, we may take action against you.

    2.   Are you experiencing financial difficulty? Contact us immediately

    Contact us * [ insert telephone number or email address for dealing with financial hardship applications ] to discuss your situation. We may be able to help you to repay your debt by agreeing to vary your contract (for example, changing the amount or timing of the rental payments). The sooner you contact us, the easier it will be to help you.

    If we refuse to change your contract, we will notify you in writing and you can seek a review of our decision by going to the AFCA scheme by [ insert contact details and method(s) for lodging complaints ].

    If you go to the AFCA scheme, you may have enforcement action put on hold while your complaint is considered. You are not bound by the decision that the AFCA scheme makes and you can still apply to a court if you are not satisfied.

    THE AFCA SCHEME IS A FREE AND INDEPENDENT SERVICE TO RESOLVE COMPLAINTS.

    3.   If you are having financial difficulties you can also contact a financial counsellor on 1800   007   007 (free call)

For information about your options for managing your debts, ring 1   800   007   007 from anywhere in Australia to talk to a free and independent financial counsellor.

* Lessors may replace the word "us" with the name of a relevant area. For example: "Contact our Hardship Team".

Some useful tips on direct debits

Make sure you've given the right account number and there is enough money in the account to cover the direct debits.

Read your Direct Debit Request Service Agreement carefully and check your bank statements to make sure the right amount is being taken out at the right time. If there is not enough money in the account, you will be in default and may have to pay a fee for that default.

Changing or cancelling your direct debit

Contact us if you need to change the dates when the direct debit is taken out.

If you close the account, remember to change the direct debit so it comes from another account.

You can usually cancel a direct debit with us or with your bank or financial institution. You may need to do this in writing. Contact your bank or financial institution a few days after you've sent your written instruction to check that the direct debit has been cancelled.

Before you cancel a direct debit make sure you've made other payment arrangements with us so you don't default on your payment.

Resolving a problem with your direct debit

If you have a problem with a direct debit you can complain to us or to your bank or financial institution. If you can't resolve your complaint with us, contact the AFCA scheme by [ insert contact details and method(s) for lodging complaints ].

For more information about direct debits, talk to your bank or financial institution.

Form 18A -- Information about lessee's rights after default

section   179C of the Code

regulation   105K of the Regulations

YOU NEED TO CONTACT US IMMEDIATELY

    1.   Are you in financial hardship? Contact us immediately

    Contact us * [ insert telephone number or email address for dealing with financial hardship applications ] to discuss your situation. We may be able to help you to repay your debt by varying your contract (for example, changing the amount or timing of your rental payments). The sooner you contact us, the easier it will be to help you.

    If you do nothing before [ insert default notice period end date ], we can commence enforcement action against you.

    If we refuse to change your contract, we will notify you in writing and you can seek a review of our decision by going to the AFCA scheme by [ insert contact details and method(s) for lodging complaints ].

    If you go to the AFCA scheme, you may have enforcement action put on hold while your complaint is being considered. You are not bound by the decision that the AFCA scheme makes, and you can still apply to a court if you are not satisfied with the outcome.

    THE AFCA SCHEME IS A FREE AND INDEPENDENT SERVICE TO RESOLVE SPECIFIC COMPLAINTS.

    2.   If you are having financial difficulties you can also contact a financial counsellor on 1800   007   007 (free call)

For information about your options for managing your debts, ring 1   800   007   007 from anywhere in Australia to talk to a free and independent financial counsellor.

3.   Your other rights

You have other rights, including the right ask us to postpone any enforcement action before [ insert default notice period end date ].

* Lessors may replace the word "us" with the name of a relevant area. For example: "Contact our Hardship Team".

Form 19 -- Consent to enter premises

subsection   179N(1) of the Code

paragraph   105L(c) of the Regulations

. . . . . . . . . . . . . . .

Date

TO:       . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of lessor)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Australian credit licence number)

FROM:       . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name of occupier)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(address of occupier's premises)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

('the premises')

I consent to the lessor entering the premises for the purpose of taking possession of the hired goods described below.

The hired goods are: *

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(signature of occupier giving consent)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name, address and signature of lessor's

representative by whom the consent was obtained)

* Insert brief details of the hired goods.