Credit and Debt

Credit and Debt

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Things to look out for – how was the contract made?

The table in Going to Court - Making and Defending Claims sets out a summary of some of the defences available to clients facing litigation for debt recovery. 

A number of these turn on the circumstances in which the contract was made.  Knowledge of these provisions will also be useful in negotiating with the creditor and in terms of advising your client of their options. 

Some of the key things to look out for when considering a client’s credit or debt problem are set out below (based on the protections in the ACL (and the equivalent protections in relation to financial services under the ASIC Act), as well as additional provisions under the National Credit Act and Code in relation to consumer credit contracts).

This section is divided into two parts:

  • Things to look out for when dealing with all consumer contracts (ie. both credit and non-credit); and
  • Things to look out for only in relation to consumer credit contracts.