New legislation to stop predatory lending practices

Federal Cabinet has signed off on two new pieces of legislation to stop predatory lending practices by banks, card providers and finance brokers.

News Ltd says credit card providers that push unwanted cards and increased limits onto customers who can’t afford them will lose their lending licences under the legislation.

The package, to be introduced to Parliament by September, will also cover bank and non-bank home loans. The elderly, more of whom are using reverse mortgages to compensate for shrinking superannuation returns, will also receive new protection.

After seven months of negotiations driven by the Superannuation and Corporate Law Minister Nick Sherry, the states have handed over their powers and there will be uniform national legislation to protect borrowers.

News Ltd says Cabinet sources have confirmed that under the new laws, to be overseen by the Australian Securities and Investments Commission, all credit providers will have to be licensed.

All credit provision will be subject to new responsible lending conduct rules, which will shift the onus of checking the credit suitability of a borrower to the lending institution.

If a lender breaches the responsible lending code once, it will be subject to hefty fines.

Borrowers will be able to take the lender or bank to an independent disputes resolution body.

Repeated breaches by lending institutions will see them lose their lending licences.

AAP

2 Comments

arnell johnson February 6, 2011

I understand why lenders would want to push the envelope when it comes to lending money, that’s how they get paid, but I also realize that they must make sure the people they are lending to have the means to pay them back. The problem is the economy is so messed up one cannot afford to live a normal life due to the lack of income compared to the cost of living.

Thanks for the info

Simon Halliday November 20, 2011

It is interesting just how much pressure is being applied to mortgage brokers via NCCP legislation and yet banks and other lenders still develop complex lending products that are designed to confuse borrowers.

This is evident when you review advertising that is clearly intended to attract clients to products that are in no way applicable to most borrowers situations.

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