Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
-
Do I need a PIN (personal identification number) for my credit card?
- Changes to the way credit cards operate in August 2014 mean that transactions made over-the-counter require you to enter your PIN at the time of purchase.
- This is not the case if you choose to use your card for a visa pay wave transaction unless the cost is over $100.
>> Read more & related FAQ's
-
What if I cannot repay my debt?
- You should act early in the event that you cannot repay your debt. This is regardless of the size of the debt. If you ignore the problem if can make things more difficult to resolve in the longer term.
- Try to pay whatever you can afford even if it is not the entire repayment amount.
- Contact the credit provider to discuss what options are available to you.
- You can apply to the credit provider for a financial hardship variation.
- You can also use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.
>> Read more & related FAQ's
-
Who can I complain to about my credit provider?
- You should always try to resolve the complaint with your credit provider first. Most credit providers will have internal dispute resolution processes. These processes usually conform to standard industry codes and practices.
- Make sure you keep notes about all the conversations you have with them. Include dates, times, who you spoke to and what they said.
- If you cannot work things out with the credit provider you should contact your credit provider’s independent dispute resolution service.
>> Read more & related FAQ's
-
What can I do if I find out that someone has been using my credit card without my permission?
- If your credit card has been used without your permission most financial institutions will consider this an unauthorised transaction.
- You should contact the financial institution immediately upon discovering that there have been unauthorised transactions on your account and request them to put a stop on all transactions.
- You should then write to your financial institution stating which transactions have been made without your permission. You can usually request a refund of the unauthorised amount.
>> Read more & related FAQ's
-
When could I be held responsible for an unauthorised transaction?
- You could be held responsible for the unauthorised transaction if you have contributed to the loss.
- This includes doing such things as recording your PIN in your wallet or on an electronic device that can be accessed easily or telling someone your pin.
- If you delay notifying your financial institution about the losses this may also be considered contribution on your behalf.
- It will depend on the circumstances of your particular case.
>> Read more & related FAQ's
-
What can I do if I have debts that I have had trouble repaying and now a debt collector is contacting me every day?
- When you have outstanding debts with a company they may contact your directly or may have a solicitor or debt collector who take control of the debt.
- Whoever you owe money to is able to contact you about having the money repaid.
- They are able to ring you a reasonable amount of times to discuss repayment with you.
- They can visit you at home a reasonable amount of times to request repayment.
- They can tell you that they will take legal action against you to get the money repaid.
- There are many things that a debt collector cannot do. This includes:
- threatening to tell other people about your debt;
- threatening to have you go to jail;
- threatening to have your wages or income garnished;
- removing or selling your property unless they have a court order;
- repeatedly calling you or calling you at an inappropriate time such as late at night;
- visiting or ringing you at work if you have provided them with another contact option; or
- using abusive or threatening letters.
- You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.
>> Read more & related FAQ's
-
What can I do if I am scared about the actions of a debt collector who has made physical threats towards me?
- If you have been hurt or threatened by someone trying to collect a repayment you should contact your state or territory police to discuss obtaining an apprehended violence order (AVO) often referred to as a restraining order.
- You can also contact the debt collection agency and make a complaint.
- If you need the assistance of a lawyer our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.
>> Read more & related FAQ's
-
When may a contract be invalid because of incapacity?
- If a person or organisation has doubts about another person’s capacity the safest thing to do is:
- to go through the contract with the person; or
- offer them the opportunity to bring a support person to do this; or
- require them to get independent legal advice before they sign anything. This is particularly important if the transaction is for a large amount of money or otherwise concerns their financial affairs.
- In some circumstances a transaction or contract with a person may be set aside if:
- the person lacked capacity at the time they signed it;
- the other person knew or ought to have known the person lacked capacity;
- the person can give back all or most of the benefits received; and
- any property the person lacking capacity wants back has not be sold on to a third person where the third party was not aware of the capacity issue.
- There is also support under general consumer law. See our Consumer Law topic for more information.
- If you have any concerns you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.
>> Read more & related FAQ's
View more Information on Banking & Finance