Hardship

If you are experiencing financial hardship, you can make a request to your creditor to vary the repayments due under your credit contract with them (Hardship Variation).

Click here to see our  Hardship Variation Fact Sheet and our Hardship Variation Flow Chart.

For information about how you can request a Hardship Variation and what your creditor must do after they receive this request, see our:

  1. Step by Step Guide to Applying for a Hardship Variation before 1 March 2013; or
  2. Step by Step Guide to Giving a Hardship Notice on or after 1 March 2013.

You can write to your creditor to request a variation to your credit contract by completing our online form or by using our Sample Hardship Variation Letter to prepare your own letter.

If you have missed a repayment, you are in default and your lender may send you a default notice. Click here to read our Default Notices Fact Sheet.

If your creditor does not agree to a Hardship Variation and you have received a default notice, you can make a request to your creditor to postpone the enforcement of the debt under the credit contract within 30 days of receiving the default notice. For further information see our Postponement Request Flow Chart

If you are having difficulty paying your Utilities bills, please click here for our Hardship Utilities Grant Scheme Fact Sheet (HUGS).

If you have received a court document or document from your creditor’s or lender’s lawyer, you may wish to contact us for advice on (08) 9221 7066. See our Court Documents for further information on this topic.

The difference between contracts entered into before and after 1 March 2013

We refer to a request to your creditor to vary the terms of your contract as a Hardship Variation if it was entered into before 1 March 2013 as well as on or after 1 March 2013.

However, for contracts entered into before 1 March 2013, a request to vary its terms is also referred to as a hardship variation application. For contracts entered into on or after 1 March 2013, this request is also called a hardship notice. The request will be the same but the lender must follow different procedures depending on whether the contract was signed before or after 1 March 2013.

 

* Please note: Until 1 March 2013, your creditor or lender is not required to provide written notice on whether they agree to vary a contract.