Lease contract must not be unsuitable for you
Under the National Consumer Credit Protection Act, we must not enter into a lease with you if the contract is unsuitable for you. The contract will be unsuitable for you if, at the time the contract is entered into it is likely that:
- you will be unable to comply with your financial obligations under the contract, or could only comply with substantial hardship; or
- the contract will not meet your requirements or objectives.
We must make an assessment of whether the contract will be unsuitable for you before entering into a contract with you. You can request a copy of our assessment. We must give you a copy (at no charge to you):
- before entering the lease contract, if you make the request before then;
- within 7 business days, if your request is made within 2 years of entering into the contract; and
- otherwise, within 21 business days.
We do not need to give you a copy of the assessment if:
- your request is made more than 7 years after entering into the contract or the credit limit increase; or
- the credit contract is not entered into or the credit limit is not increased.
Dispute resolution procedures
We have an internal dispute resolution procedure. We are also a member of an independent external dispute resolution scheme, the Australian Financial Complaints Authority (see contact details below).
Internal dispute resolution
If you have a complaint, you should contact us first, by using any of the contact details shown on the front page of this credit guide.
Wherever possible we will seek to settle your complaint on the spot. If we can’t do this, we will advise you in writing within 2 working days of receiving your complaint about the procedures for investigating and handling the complaint.
- Complaints we can’t resolve on the spot: We will seek to deal with your complaint within 21 days. We will respond to you within 14 days of receiving the complaint to ensure that our response is received within 21 days. If we can’t make a decision within 14 days and we need additional time, we will write to you advising that a further period, not exceeding 24 days, will be required for investigation. This will extend the complaint handling time to a total of 45 days from the initial date of lodgement. If the unresolved complaint exceeds 45 days, we will advise you in writing and specify a date when a decision can be expected, and give you regular updates.
- Complaints involving hardship applications or postponement of enforcement proceedings: These will be treated as urgent matters. If you seek hardship relief or postponement of enforcement proceedings and the matter is not resolved within 21 days, the matter will be referred to external dispute resolution unless we require further information from you about your circumstances. You can lodge a complaint directly with our external dispute resolution scheme where it involves a default notice that has been issued after a request for hardship assistance or postponement of enforcement proceedings has been declined.
- Outcome of the complaint: We will advise you in writing of the outcome of our investigation, the reasons for the outcome, and further action you can take in respect of the complaint. Within 7 days of resolution of complaint, your accounts should be adjusted to give effect to our decision.
External dispute resolution
If you are unhappy with any decision or the handling of the complaint by us, you can refer your complaint for external resolution to the Australian Financial Complaints Authority. This service is available at no cost to you. Contact details are below:
Telephone: 1800 931 678 (free call)
In writing to: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001
In many cases this leads to a successful resolution. If the dispute remains unresolved, the Australian Financial Complaints Authority can then offer conciliation processes or it may investigate the dispute and issue a written decision on your case which is binding on us (including requiring us to make a monetary payment to you).
Our external dispute resolution scheme cannot deal with your complaint (assuming the complaint is within the scheme’s terms of reference) unless you have attempted to resolve the problem with us first, and either:
- we have made a formal proposal to resolve the complaint, and you have told us that the proposal is not acceptable to you; or
- at least 45 days has elapsed since you made your complaint,
whichever occurs sooner. However if the complaint relates to a hardship application or request for postponement of enforcement proceedings (see under Internal dispute resolution above), the scheme may be able to deal with your complaint sooner.