If you have sent a Hardship Variation Letter to the lender and they have said no to the change or not responded you may wish to enforce the hardship variation. This means that you would apply for an order that the lender must agree to the hardship variation.

How to make an application

Step 1: Get an application form from the Consumer, Tenancy & Trading Tribunal

You will need to specifically ask for an application for the Commercial Division of the Consumer, Trader & Tenancy Tribunal.

You can do this by either:

• Visit your local Fair Trading Office. Check the White Pages for details, or
• Ring the Consumer, Trader & Tenancy & Tribunal on 1300 135 399 or
• Download an application form from the Consumer, Trader & Tenancy Tribunal web site at www.cttt.nsw.gov.au

Step 2: Complete the application form

Question 1 — requests details of where the contract was made or entered into. In your case, it will be your loan contract. Put the address where you signed the loan contract.

Question 2 — complete your name and address.

Question 3 — tick the box for debtor.

Question 4 — complete the name and address of the lender. If possible check your loan contract and give the name of the lender listed exactly as written on your loan contract.

Question 5 — tick the box for credit provider

Question 6 — Complete the lender's A.C.N. This is a number that appears after the lender's name on all documents. If you are unsure what this number is you should ring the Australian Securities and Investments Commission (ASIC) Phone: 1300 300630 or do a basic company search at www.asic.gov.au.

Question 7 — If you need an interpreter you should complete the applicant box stating "Yes" and the language you speak.

Question 8 — Complete if applicable.

Question 9 — Complete if applicable.

Question 10 — Complete if applicable.

Question 11 — under the heading "What order or orders do you want?", tick the box next to Consumer Credit Code. The relevant sections are section 68 and 88.
The Order you want is:
"I seek an order under s.68 of the Consumer Credit Code to vary my repayments on the grounds of hardship. I seek and order under S.88 of the Consumer Credit Code to postpone enforcement proceedings."

Question 12 — under the heading "What are you reasons for requesting the orders", state the following:
"Application was made to the lender for a variation to my/our contract under section 66 of the Consumer Credit Code 1996. A copy of that letter to the lender dated / / is attached.
The lender has refused to grant the application/not responded.
It is appropriate that enforcement proceedings be postponed pending the Tribunal hearing my application for change on the grounds of hardship."

Question 13 — Complete and sign the application form. Keep a copy.

Step 3: Lodge the application form at the Consumer, Trader & Tenancy Tribunal

Take the application and lodge it at:

• Any registry of the Consumer, Trader & Tenancy Tribunal.
• Any Fair Trading Centre in NSW
• Any Local Court Registry in NSW
• A fee will be payable. You will need to lodge the original application and 3 copies. For details ring the Consumer, Trader & Tenancy Tribunal.

Step 4: Attend the hearing/writing your submission

Some hints on attending the hearing/writing your submission:

Bring the following (or attach copies of the following documents):

• Details of your illness, unemployment or other reasonable cause. For example, for illness you would bring a doctor's certificate covering what the illness is and your likely recovery date. For unemployment, your social security details and separation certificate (to show when you became unemployed).
• Details of your income and expenditure. Bring payslips, loan statements showing your repayments, savings account statements and evidence of other major expenses.
• A copy of the Hardship Variation Letter you have already sent to the lender.

Prepare written notes on what you want to say at the hearing. It is better to prepare them in dot points, with one dot point covering each matter you may need to speak on. You will need to prepare to speak on:

• The reason why you need the hardship variation
• Why your request is reasonable
• Details on how you plan to be in a position to repay the loan in a reasonable time, if your request is granted.

Warning: Do not raise any other complaints you may have against the lender at the hearing unless you have gotten legal advice.