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) s89A: After a hardship notice, do not begin enforcement until 14 days after the written notice refusing a change

Where a default notice is required and the debtor gives a hardship notice before or after it, and no other hardship notice was given in the prior 4 months (or the provider reasonably believes the new one rests on a materially different basis), the credit provider must not begin enforcement proceedings until it has given the s 72(4)(b) notice stating that no change was agreed and 14 days have passed from that notice (strict liability, 50 penalty units). The 14 day period runs independently of the 30 day remedy period. The provider may still take possession of mortgaged goods where it reasonably believes they have been or will be removed or disposed of without permission or urgent action is needed to protect them.

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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