Information Statement
Keeping you informed and in control.
Flexibility and transparency are at the very heart of what we do. The fact is you’ll find we say “yes” far more often than most other leading lending channels.
Things you should know about your proposed credit contract
This statement tells you about some of the rights and obligations of yourself and Marketlend or the trustee of the Marketlend series trust.
It does not state the terms and conditions of your contract. In some cases this may not apply as a result of the type of loan provided to you.
If you have any concerns about your contract, contact Marketlend or the trustee of the Marketlend series trust and, if you still have concerns, your Government Consumer Agency, or get legal advice.
The contract
How can I get details of my proposed credit contract?
Marketlend or the trustee of the Marketlend series trust 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.
How can I get a copy of the final contract?
If the contract document is to be signed by you and returned to Marketlend or the trustee of the Marketlend series trust, 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 Marketlend or the trustee of the Marketlend series trust and ask for one. Marketlend or the trustee of the Marketlend series trust may charge you a fee. Marketlend or the trustee of the Marketlend series trust 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.
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 Marketlend or the trustee of the Marketlend series trust 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.
Can I pay my credit contract out early?
Yes. Pay Marketlend or the trustee of the Marketlend series trust the amount required to pay out your credit contract on the day you wish to
end your contract
How can I find out the pay out figure?
You can write to Marketlend or the trustee of the Marketlend series trust 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.
Marketlend or the trustee of the Marketlend series trust 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.
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 Marketlend or the trustee of the Marketlend series trust to charge one) and other fees.
Can my contract be changed by my credit provider?
Yes, but only if your contract says so.
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 in a newspaper.
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 Marketlend or the trustee of the Marketlend series trust;
except where the change reduces what you have to pay or the change happens automatically under the contract.
Is there anything I can do if I think that my contract is unjust?
Yes. You should first talk to Marketlend or the trustee of the Marketlend series trust. Discuss the matter and see if you can come to some arrangement. If that is not successful you could apply to the court. Contact the Government Consumer Agency or get legal advice on how to go about this.
Insurance
Do I have to take out insurance?
Marketlend or the trustee of the Marketlend series trust 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, indemnity insurance or insurance over property covered by any mortgage. Otherwise,
you can decide if you want to take out insurance or not.
Will I get details of my insurance cover?
Yes, if you have taken out consumer credit insurance and the premium is financed by Marketlend or the trustee of the Marketlend series trust. 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 Marketlend or the trustee of the Marketlend series trust then, within 14 days of that happening, Marketlend or the trustee of the Marketlend series trust 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.
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.
In that case, what happens to the premiums?
Marketlend or the trustee of the Marketlend series trust must give you a refund or credit unless the insurance is to be arranged with another insurer.
What happens if my credit contract ends before any insurance contract?
You can end the insurance contract and get a proportionate rebate of any premium from the insurer.
Mortgages or Personal Property Security Interest
If my contract says I have to grant a mortgage or personal property security interest (PPSI), what does this mean?
A mortgage or PPSI means that you give Marketlend or the trustee of the Marketlend series trust certain rights over any property you mortgage or grant
a PPSI. If you default under your contract, you can lose that property and you might still owe money to the credit provider.
Is there anything that I am not allowed to do with the property I have secured or granted a PPSI?
The law says you cannot assign or dispose of the property unless you have Marketlend or the trustee of the Marketlend series trust’s,
or the court’s, permission. You must also look after the property. Read the contracts and all document as well. It will usually have other
terms and conditions about what you can or cannot do with the property.
What can I do if I find that I cannot afford my repayments and there is a mortgage or PPSI over property?
See the answers to questions 22 and 23.
Otherwise you may-
if the securd property is goods – give the property back to Marketlend or the trustee of the Marketlend series trust, together with a letter saying you want the credit provider to sell the property for you;
sell the property, but only if Marketlend or the trustee of the Marketlend series trust gives permission first;
OR
give the property to someone who may then take over the repayments – but only if Marketlend or the trustee of the Marketlend series trust gives permission first.
If Marketlend or the trustee of the Marketlend series trust won’t give permission contact your Government Consumer Agency 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 Marketlend or the trustee of the Marketlend series trust even after secured property is sold.
Can my credit provider take or sell the secured property?
Yes, if you have not carried out all of your obligations under your contract.
If my credit provider writes asking me where the secured goods are, do I have to say where they are?
Yes. You have 7 days after receiving Marketlend or the trustee of the Marketlend series trust’s request to tell Marketlend or the
trustee of the Marketlend series trust. If you do not have the goods you must give Marketlend or the trustee of the Marketlend series
trust all the information you have so they can be traced.
When can my credit provider or its agent come into a residence to take possession of secured goods?
Marketlend or the trustee of the Marketlend series trust 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 Consumer Credit Code.
General
What do I do if I cannot make a repayment?
Get in touch with Marketlend immediately. Discuss the matter and see if you can come to some arrangement. You can ask Marketlend to arrange to change your contract in a number of ways, for example-
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.
What if Marketlend or its trustee of the Marketlend Series trust and I cannot agree on a suitable arrangement?
If you 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 changed to meet your situation.
You may be able to apply to the court. Contact your Government Consumer Agency or get legal advice on how to go about this.
There are other people, such as financial counsellors, who may be able to help.
Can my credit provider take action against me?
Yes, if you are in default under your contract. But the law says that you cannot be unduly harassed or threatened for repayments.
If you think you are being unduly harassed or threatened, contact your Government Consumer Agency or the Australian Consumer Law, or get legal advice.
Do I have any other rights and obligations?
es. The law will give you other rights and obligations. You should also READ YOUR CONTRACT carefully
IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR GOVERNMENT CONSUMER AGENCY OR GET LEGAL ADVICE. PLEASE KEEP THIS
INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.