Australia National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009)
Part 5: Ending and enforcing credit contracts, mortgages and guarantees – Australia National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009)

Australia National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009) s82-84: Allow pay out at any time and give a written pay out statement within 7 days of a written request

A debtor or guarantor may pay out the credit contract at any time; for a non-continuing contract the pay out figure is the amount of credit plus interest and fees to the termination date (for small amount credit contracts, fees only, excluding unexpired monthly fees), reasonable enforcement expenses and any contractual early termination charges, less payments made and any s 148 insurance rebate. On written request the credit provider must give a written statement of the pay out amount as at the requested date, with the component items if asked and a statement that the figure changes with the payment date, within 7 days of the request (strict liability, 50 penalty units); joint parties need only the requester served. If no statement is given the court may fix the amount and daily increase, and tender of that amount discharges the contract.

Maintained by Gerard Blokdyk

Other controls in Part 5: Ending and enforcing credit contracts, mortgages and guarantees – Australia National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009)

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