LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Can I Request for Financial Hardship After Husband's Death?

Discussion in 'Australian Consumer Law Forum' started by Abused Wife, 28 May 2016.

  1. Abused Wife

    Abused Wife Member

    Joined:
    28 May 2016
    Messages:
    2
    Likes Received:
    0
    My husband committed suicide and left me a partnership debt (husband and wife partnership). I suspect maladministration in the Security Deed Agreement.

    Lawn Mower $24600 - 100% business debt use. Capital Finance lender.

    a. Do I have legal right to request Financial Hardship provisions as this loan put the family into severe Financial Hardship? Say 3 months stay until I determine a way forward?

    b. Do I have the legal right to request a copy of the deed agreement application and the requested data and verification's performed against the application data?
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,178
    Likes Received:
    262
    Were you in a legal partnership (i.e. did the partnership have it's own tax file number)? Did you co-sign for the loan?

    Ans a) You can only try. No harm in asking. However don't ask if there's a chance you're not liable for the debt. See my questions above.

    Ans b) Yes if you are party to the agreement you are entitled to a copy. Not sure what the second part of the question means.
     
  3. Abused Wife

    Abused Wife Member

    Joined:
    28 May 2016
    Messages:
    2
    Likes Received:
    0
    Thanks Rod,

    This is a husband and wife partnership loan where both signed a deed agreement loan for a $24,600 Lawn Mower. I signed for fear on retributions if I did not as I knew we could not afford the loan.

    Capital Finance will not supply me a copy of the Application my husband complied for this loan. They have also refused to give me Financial Hardship provisions even for three months.

    They have advised they do not have to comply with the National Consumer Credit Protection Act 2009 for this type of loan.

    Can anyone tell me if this is correct?
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,178
    Likes Received:
    262
    Call these guys and see if they can help:
    Financial Ombudsman Service
    Credit and Investments Ombudsman​

    Sorry I don't know enough about the National Consumer Credit Protection Act 2009 to be able to help.

    What security was put up for the loan? Can you sell the mower to recover some money?

    Have you had a good look through your husband's papers/email for a copy of the deed?
     

Share This Page

Loading...