If your client does not have copies of relevant documents relating to their consumer contract or their credit contract (including the contract itself), you should write to the creditor to request this documentation.
In relation to consumer credit contracts (i.e. if your client’s legal problem relates to, for example, a credit card or a personal loan):
the template letter below can be used, which requests information required to be provided under the Code, including:
under section 185 of the Code:
the credit contract;
copies of any notices sent to the client;
any credit related insurance contract;
under section 34 of the Code, a statement of:
the current balance of the account;
the amounts credited or debited and any fees and charges during a specified period;
any amounts overdue and when each amount became due; and
any amount payable and the date it became due; and
under section 83 of the Code, a statement of the amount required to pay out the client’s credit contract and details of items that make up this amount;
if the creditor does not provide the information you require within the specified time period (14 days if the information requested is less than a year old and 30 days if that information is more than one year old), you can complain to the relevant external dispute resolution scheme (section 185(2) of the Code).
It is possible that the credit provider or company will charge a fee to access this documentation.
In relation to contracts for goods and services (for example, mobile phone contracts), you should call the hardship team at the relevant service provider and request copies of, for example, the written contract, latest bills and any correspondence with your client, including reminder notices or default notices. If necessary, fax a request to the relevant contact person at the service provider using the letter template below. In most cases, the supplier is required to provide proof of transaction and an itemised bill under sections 100 and 101 of the ACL.
Letter to creditor requesting documentation regarding the debt and an itemised bill (Goods & services)Download DOC (165 KB)