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Does this guide apply to my loan?

There are laws that protect people who enter into loans (consumer credit contracts). These laws are the:

  • National Consumer Credit Protection Act
  • National Credit Code.

Some of the options listed in this guide are only available if your loan is regulated by the National Credit Code. This guide assumes (unless it says otherwise) the National Credit Code applies to your loan.

How can I tell if the National Credit Code applies to my loan?

The National Credit Code applies to loans where:

  • the loan contract date is after 1 July 2010
  • the loan is mostly for:
    1. personal, domestic or household purposes (not business), or
    2. to buy or renovate residential property for investment purposes, or
    3. to refinance a loan for either of these purposes
  • the loan contract says you may have to pay a charge (eg interest or fees)
  • the credit or loan was provided:
    1. by a bank or other lender/creditor which is in the business of providing loans (credit), or
    2. as part of or incidental to the business of providing credit.

Do not use this guide if your problem is not about money you have borrowed.

Even if this guide does not apply to you, you should still get legal advice about your loan to help you understand your options. Call Legal Aid Queensland on 1300 65 11 88 (cost of a local call from a landline in Queensland).

If you took out the loan in another state, you should contact Legal Aid in that state because the law may not be the same.

Do I need legal advice?

Yes. You should use this guide along with legal advice. Never make any decisions without speaking to a lawyer first.

How can I get legal advice?

You can get legal advice from:

  • Legal Aid Queensland – call 1300 65 11 88 (cost of a local call from a landline in Queensland) for free advice
  • a community legal centre – go to www.legalaid.qld.gov.au or call 1300 65 11 88 to check services in your area
  • a private lawyer – call the Queensland Law Society on 1300 367 757 or visit www.qls.com.au for names of lawyers who can help.
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