Credit Contracts and Consumer Finance Act 2003

Consumer credit contracts - Changes on grounds of unforeseen hardship

57A: Obligations of creditor in relation to application

You could also call this:

"What the lender must do when you ask to change a credit contract"

Illustration for Credit Contracts and Consumer Finance Act 2003

When you apply to change a consumer credit contract under section 55, the creditor must do a few things. They must acknowledge your application in writing within 5 working days. They must also decide whether to agree to change the contract within 20 working days, following the lender responsibility principles as outlined in section 9C. The creditor will give you written notice of their decision. If they do not agree to change the contract, they must tell you why and explain your rights under section 58. The creditor cannot charge you a credit fee for making the application, unless the fee would have been payable anyway, as explained in Part 3A and section 83J. However, if your application is successful, the creditor can charge a fee to cover the costs of changing the contract.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6502097.

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Part 2Consumer credit contracts
Changes on grounds of unforeseen hardship

57AObligations of creditor in relation to application

  1. On receipt of an application by a debtor under section 55, the creditor must do the following:

  2. within 5 working days after receiving the application, acknowledge receipt of the application by giving a written notice to the debtor (see section 26B(1)(a) and (2)(b)):
    1. within 10 working days after receiving the application, request any further information from the debtor (but only if that further information is necessary to decide the application) by giving a written notice to the debtor:
      1. within 20 working days after receiving the application,—
        1. in compliance with the lender responsibility principles (see section 9C), decide whether to agree to change the consumer credit contract in accordance with the application; and
          1. give written notice to the debtor of that decision; and
            1. if the creditor does not agree to change the consumer credit contract in accordance with the application, give written notice to the debtor setting out—
              1. the creditor's reasons for that decision; and
                1. a clear summary of the debtor's rights under section 58.
              2. However, if the creditor has requested further information in accordance with subsection (1)(b), the time within which the creditor must comply with subsection (1)(c) is the later of—

              3. 10 working days after receiving the further information; and
                1. 20 working days after making the request under subsection (1)(b).
                  1. A creditor—

                  2. must not charge any credit fee in relation to an application (whatever the outcome of the application) if that fee would not, in the absence of the application, be otherwise payable:
                    1. must, if Part 3A applies, comply with section 83J (which prevents enforcement action until the application is decided).
                      1. However, if the application is successful, nothing in subsection (3)(a) prevents a creditor from charging a credit fee that reasonably compensates the creditor for the costs incurred by the creditor in documenting the changes to the credit contract.

                      Notes
                      • Section 57A: inserted, on , by section 39 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                      • Section 57A(1)(a): amended, on , by section 26 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).