Personal information is information or opinion that allows others to identify you. It includes your name, age, gender, contact details and financial information. We collect personal information to provide you with the products and services you request as well as information on other products and services offered by us. We only exchange personal information with external organisations that help us provide and regulate the provision of these products and services.
We require your consent to use your personal information for these purposes. Without this consent, we may not be able to process your Application or provide you with an appropriate level of service.
By signing this acknowledgement, you authorise us to:
- Act as your agent in seeking access to your consumer credit information file held by a credit reporting agency for an application, or proposed application by you for credit; or you having sought advice in relation to existing credit.
The information in this document details how we comply with the requirements of the Privacy Act 1988 and the Australian Privacy Principals in protecting your personal information.
Privacy Act 1988
The Commonwealth Government has enacted privacy legislation to protect information held by all credit providers, (not just banks) about their customers' personal credit dealings. Since 1991, under Part 111A of the Privacy Act 1988, credit providers have only been allowed to disclose information about personal credit dealings to certain classes of persons (such as another bank or a credit union) for certain very limited purposes. We protect your personal information in accordance with the Australian Privacy Principles.
Obtaining Your Consent
In most cases, before or at the time of utilising our service, we obtain your consent to the purposes for which we intend to use and disclose your personal information, if you do not give us consent, we may not be able to provide you with the products or services you want.
Depending on the product or service you require, we may obtain from, or exchange personal information with:
- Credit Reporting Agencies or other businesses that provides information about credit worthiness and credit reports containing personal or commercial credit information about you;
- Credit Providers we deal with about your Application and those Credit Providers that may be named in credit reports issued by a Credit Reporting Agency;
- Any employer named in this application to confirm your employment details;
- Any motor vehicle or drivers' license registry in Australia;
- External Service Providers that help us provide you with the products and services and recovery and collection agents who assist us with the regulation and maintenance of the service sought to be provided to you.
- Any person acting on your behalf, including your financial adviser, solicitor and accountant, executor, administrator, trustee, guardian or attorney;
- Your referee (to confirm details about you);
- Regulatory bodies and government agencies;
Access to Personal Information
You can request us to provide you with access to the personal information we hold about you. Only relevant information provided by you will be disclosed. Your identity must be confirmed before access is provided.
For the purposes detailed above and subject to the Privacy Act 1988, the undersigned consent to and agree that the we and any Credit Provider nominated by us may do all the following now and in the future:
1. Disclose the Applicant’s personal information to any Credit Reporting Bodies chosen by us and collect and use the Applicant credit reporting information, including information about the Applicant’s commercial or consumer creditworthiness obtained from a Credit Reporting Body in order to assess the Application for consumer credit or commercial credit or to consider whether to accept the Applicant as a guarantor.
2. Collect from and disclose to another Credit Provider named in the Application for finance or in information otherwise obtained in relation to the Application any personal information about the Applicant, including credit eligibility information about the Applicant in order to assess the application for consumer credit or commercial credit.
3. Collect from and disclose to any body which maintains a register of personal property securities (such as PPSR), any personal information about the Applicant, including any information about the Applicant’s creditworthiness, credit standing, credit history or credit capacity, the status of any finance application and any default or late payment notification by the Applicant in accordance with the Privacy Act 1988 or the Australian Privacy Principles.
4. Collect from and disclose to any person or organisation identified in the application, personal information about the Applicant.
5. Disclose to any guarantor or proposed guarantor of the application, any information about the finance or personal information (including credit eligibility information) about the Applicants now or at any time in the future in order for the guarantor or proposed guarantor to consider whether to offer to act as guarantor in relation to the credit or to offer property as security for the credit.
6. Collect from and disclose personal information about the Applicant to the Credit Provider's agents, contractors, and external advisers as well as to suppliers of goods, mercantile agents, collection agencies and insurers, and the Applicant’s car or finance broker.
7. Disclose to the Applicant and any Guarantor the result of any credit decision made by the Credit Providers concerning the Applicant’s Application.
The Applicant by execution hereof confirms that the Applicant fully understand that you are asking the Applicant for personal information about the Applicant so as to use Veda Advantage’s credit reporting service or ay other Credit Reporting Agency chosen my us to credit check the applicant. The Applicant by execution hereof confirms that the Applicant understands that in sharing with Credit Reporting Bodies:
1. We may disclose information about the Applicant to a Credit Reporting Body if the Applicant is applying for credit or the Applicant has obtained credit from us or if the Applicant guarantee or are considering guaranteeing the obligations of another person to us or the Applicant are a director of a company that is loan Applicant or borrower or guarantor.
2. When we give the Applicant’s information to a Credit Reporting Body, the Applicant’s information may be included in reports that the Credit Reporting Body or Bodies gives other organisations (such as other lenders) to help them assess the Applicant’s credit worthiness.
3. Some of that information may reflect adversely on the Applicant’s credit worthiness, for example, if the Applicant fails to make payments or if the Applicant commit a serious credit infringement (like obtaining credit by fraud). That sort of information may affect the Applicant’s ability to get credit from other lenders.
By execution hereof the Applicant or Applicants acknowledge and consent to the aforementioned terms of the Privacy Agreement
The Guarantor's agree that the Credit Provider may seek a credit report concerning them from a Credit Reporting Agency to assess whether to accept them as a guarantor of the finance commitments for the named Applicant under Section 18K(1)(c) of the Privacy Act 1988.
New Start Auto Loans Pty Ltd Responsible Lending Policy.
New Start Auto Loans Pty Ltd adheres to NCCP responsible lending obligations which are founded from the following regulatory guide in particular RG209. The objective of the responsible lending obligations is to ensure that the credit contract or lease is ‘not unsuitable’ for the consumer.
The National Credit Act defines situations where a contract will be unsuitable to include where:
• the consumer will be unable to meet the repayments or can only comply with substantial hardship; or
• the contract does not meet the consumer's requirements of objectives.
The responsible lending obligations also require that credit assistance is not provided to a consumer by:
• suggesting they remain in an unsuitable credit contract
• assisting them to enter into, or increase the limit on an unsuitable credit contract
• suggest the consumer apply for, or remain in an unsuitable consumer lease
• assisting the consumer to enter into a consumer lease that will be unsuitable for them
New Start Auto Loans Pty Ltd breaks the process down into three steps:
1. Make reasonable inquiries about the consumer.
2. Make a preliminary assessment whether the proposed credit contract is not unsuitable for the consumer
3. Provide a written assessment that the credit contract is not unsuitable if required.
This is primarily done through the collection and verification of all identification items, the verification of all financial statements and documents and an assessment is done to the validity of the loan. In accordance with responsible lending obligations, and in determining whether a loan is not unsuitable for a consumer, an assessment must be undertaken of the consumer’s financial status, reasons and objectives for obtaining the loan and also to verify the information that has been supplied on the application form.
There are two primary questions that must be kept in mind when undertaking a preliminary assessment and these must be answered in the affirmative prior to granting a loan:
• Will the consumer be able to meet their financial obligations under the credit contract (ie, have the capacity to repay the loan) without substantial hardship?
• Does the credit contract meet the consumer’s requirements and objectives?
The first step, is finding out what are the consumer's requirements and objectives in obtaining the loan. The second step is obtaining from the consumer details of their income and their outgoings – a completed application form and privacy statement.
The information that is obtained from the consumer must by law be ‘verified’- reliance on the consumer’s word is never sufficient. ASIC gives some examples of the types of information that franchisees could use to verify a consumer’s financial situation, including:
• For PAYG employees: recent payroll receipts/payslips and confirmation of employment with the employer.
• For self-employed consumers: recent income tax returns, a statement from their accountant and Business Activity Statements.
• For all consumers: credit reports, information/reports from other lenders and bank account or credit records held by the credit provider.
New Start Auto Loans Pty Ltd - Hardship Policy
If there are extenuating circumstances where the loan cannot be repaid on its conditions the borrower can notify for Financial Hardship Assistance. Customers generally can only notify for assistance if they have experienced some sort of event that has caused their hardship. It is not designed for people who have just decided not to pay their debts. Some of the circumstances that could be eligible for assistance are:
· Injury or illness
· Divorce or relationship separation
· Death of a spouse
· Natural Disasters
· Unexpected reduction in income * Compassionate grounds – case by case scenario approach used as New Start Auto Loans has no guideline for this topic.
The types of assistance available will vary depending on individual circumstances. For eligible customers, assistance may include but not be limited to:
· Repayment arrangements based on what the borrower can afford to pay at the time
· Reduced repayments
· Interest adjustments
· Repayment extension periods
We would ask a customer to fill out an income versus expenditure table and the reasons and cause of their applying for hardship assistance – A Hardship Application
We would look to come to tailor an arrangement suited to our client’s current circumstances.
We would ask for 90 days bank account statements to do our assessment and any other documents our clients may feel support their plight for assistance.
Hardship applications will be processed within 7 days if no additional information is needed from the customer. If additional information is required New Start Auto Loans will provide a notice to the borrower within that 7 days requiring the debtor to provide within (a further) 7 days, specified information relevant to the hardship application.
If the information was asked for and not provided, the Hardship application would be processed 28 days after the additional information was requested. A notice will be provided to the customer to agree/disagree with the change as per the timeframes above. In the event an application for hardship is not returned within 14 days of it being sent electronically New Start Auto Loans reserve the right to decline the application without review and deem the necessity for assistance has passed. An application submitted without supporting documents will be deemed incomplete and un-assessable. Our clients will be advised immediately and a further 7 days will be granted to supply the requested information.
© 2021 - New Start Auto Loans Pty Ltd
ACN# 127 430 559