There are many reasons why you may want to obtain copies of loan documents and account information. It is recommended that you ask for copies of loan documents and account statements when:

• You no longer have copies of your loan documents for any reason, such as they have been lost or taken by someone else such as a joint borrower.
• The debt is very old.

Warning: Do not make any repayments towards a very old debt.
Get legal advice first!

• A debt collection agency or the lender wants you to pay the debt and you are not sure whether the amount is correct.
• You want to pay out the loan.

How to get your loan documents

If you need copies of your loan documents, you should decide exactly what documents or information you want from the lender.

Remember: You do NOT have to:

• explain why you do not have the documents
• explain why you want the documents
• obtain the consent of any joint borrower

Please Note: You must get legal advice if your loan is NOT a credit card AND you signed the contract before 1 November 1996 as the Credit Act 1984 may apply. See GETTING HELP below.

Consumer Credit Code

Under the Consumer Credit Code ("the Code") you can request certain documents and information from the lender. To be able to do this, the Code must apply to your loan. Examples of loans that the Code would usually apply to are: car loans, personal loans, home loans, and consumer leases (contract signed on or after 1/11/96) and credit cards (in use after 1/11/96). If you are unsure about this you can ring Consumer Credit Legal Centre — see Getting Help below.

The documents and information that borrowers, mortgagors or guarantors can request are:

1. Copies of:

• Your loan contract
• Any credit related insurance contracts in the lender's possession. For example, loan insurance or car insurance.
• A copy of any notices previously given to you under the Consumer Credit Code.

2. A statement of the following:

• Current balance of your loan account(s)
• Any amounts credited or debited during the term of your loan contract(s)
• Any amounts currently overdue and when they became overdue
• Any amount currently payable and the date that it became due

3. A loan payout figure with details of the items that make up the amount. For example, interest and fees.

How do I ask for the documents and information listed above?

Write to the lender requesting one or all of the above documents and/or information. A sample letter you can use as a guide is Sample Letter: Request for Documents Letter . Keep a copy of the letter you send.

What do I do if the Lender refuses to give me the requested documents?

• Complain to the Federal Privacy Commissioner [Phone: 1300 363 992 or www.privacy.gov.au ] and/or
• Make an application to the Commercial Division of the Consumer, Trader & Tenancy Tribunal (Phone: 1300 135 399) to obtain an order that the lender must provide the requested documents. Get legal advice before you do this.

Privacy Act

As a general rule, everyone can get copies of information contained in their "personal file" held by the lender under the Privacy Principles contained in the Privacy Act. The Privacy Act governs the handling of personal information by the government and business. The Privacy Act may be useful if your loan is not covered by the Consumer Credit Code. We recommend you quote the Privacy Act in any request for documents or information, including information requested under the Consumer Credit Code.

The types of information the lender have in your "personal file" are:

• A copy of your loan contract
• All letters the lender has sent you
• All letters you have sent to the lender
• File notes of all conversations you have had with the lender
• Your loan account statements

If you make a request under the Privacy Act:

• The lender can charge you a reasonable fee for retrieving, copying and sending you the information
• The information must be provided within a reasonable time.
• If you need the information urgently, you can make arrangements with the lender to view your file

If the lender does not respond or refuses to give you the requested information, you can make a complaint to the Federal Privacy Commissioner, phone 1300 363 992 or visit www.privacy.gov.au.