Commonwealth Consolidated Regulations

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NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 79C

Default in payment by direct debit under small amount credit contract

  (1)   For subsection   39C(1) of the Code, the credit provider must refrain from seeking a repayment due under a small amount credit contract by relying on a direct debit request if:

  (a)   the credit provider has twice sought to obtain the repayment using the direct debit request; and

  (b)   the credit provider:

  (i)   has not told the debtor that the direct debit requests have been unsuccessful; or

  (ii)   has not made reasonable attempts to contact the debtor.

  (2)   If the credit provider receives the repayment to which subregulation   (1) relates:

  (a)   subregulation   (1) ceases to apply; and

  (b)   the credit provider may seek repayments due under the small amount credit contract by relying on a direct debit request.

 



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