The Law Handbook 2024

462 Section 5: Managing your money (i.e. copied) by fraudsters. If this has occurred, you should not be liable for the unauthorised transactions. Ombudsman services If you can’t resolve your dispute with the creditor, you can complain to AFCA, which is an external dispute resolution scheme that can receive complaints about creditors. It is free for consumers to complain to AFCA. It is intended that AFCA provide an easily accessible method for unrepresented consumers to have their disputes heard and determined by a fair and independent decision-maker. Decisions made by AFCA are binding on the creditor but not on the consumer. If the consumer doesn’t agree with the decision, they can take their case to a court (see ‘Going to court’, below). To find out whether a credit provider is a member of AFCA, or to lodge a dispute, contact AFCA directly (see ‘Contacts’ at the end of this chapter). Under the AFCA Rules, once a dispute is lodged, the member credit provider must not (unless AFCA agrees in writing): • commence legal proceedings against the con- sumer in relation to any aspect of the dispute; • continue legal proceedings it had already commenced when the dispute was lodged except to the minimum extent necessary to preserve its legal rights; or • take any action to recover a debt that is the subject of a dispute, protect assets securing the debt or assign the debt while AFCA is dealing with the dispute. Going to court Disputes arising in Victoria under the NCCP Act can be dealt with by the Federal Court, the Federal Circuit Court, or the Supreme, County or Magistrates’ Court. For some applications under the National Credit Code, the applicant can choose to have their proceeding dealt with as a ‘small claims proceedings’ in the Magistrates’ Court or in the Federal Circuit and Family Court. Small claims proceedings are conducted in a more informal manner, without regard to legal forms and technicalities, and without lawyers (except with the court’s permission). In addition, there is a presumption in small claims proceedings that the court will not award legal costs against the unsuccessful party. The details of the national jurisdictional framework are set out at division 2 of Part 4-3 of the NCCP Act. Section 199 lists causes of action that may be brought within the small claims jurisdiction. Where to get help If you need advice about a credit or consumer matter, contact the Consumer Action Law Centre ( CALC ). CALC is Australia’s largest specialist consumer legal practice, employing a team of solicitors with expertise in consumer litigation and dispute reso­ lution. Its legal practice aims to achieve redress for low-income, vulnerable and disadvantaged consumers in Victoria who have suffered loss in any one of a variety of consumer law disputes. If you are unsure whether credit is a good option for you, or you are having difficulty with debt, contact a free financial counselling service, such as the National Debt Helpline (see also Chapter 5.4: Financial counselling services). Contacts Australian Financial Complaints Authority (AFCA) Tel: 1800 931 678 Email: info@afca.org.au Web: www.afca.org.au Australian Securities and Investments Commission (ASIC) Level 7, 120 Collins Street, Melbourne Vic 3000 Tel: 1300 300 630 Web: www.asic.gov.au Consumer Action Law Centre (CALC) Tel (consumer legal advice line): 1800 466 477 (Tuesday to Thursday, 10am to 1pm) Web: consumeraction.org.au National Debt Helpline Tel: 1800 007 007 Web: www.ndh.org.au