If a fee-charging representative complains about a credit listing on behalf of their client, AFCA will require the representative to provide documentation and information relevant to the complaint at the time it is made.
In addition to the information required from a commercial fee-charging representative set out generally, we require a representative to provide:
If there is still an outstanding debt and the complainant is seeking financial difficulty assistance, the representative should provide a completed Statement of Financial Position, including a realistic repayment proposal that will see the debt repaid within a reasonable time. The representative should also provide the information outlined in the financial difficulty information for commercial fee-charging representatives.
If the complainant is claiming that the credit listing should not have been made because they were experiencing financial difficulty at the time, the representative should provide details of when the applicant notified the financial firm of their financial difficulty, how they contacted the financial firm and, if relevant, who they spoke to and what was said.
The representative should also provide any available supporting documentation.
If the complainant claims they have made repayments in line with a repayment obligation or arrangement and the financial firm should not have made a credit listing because of this, the representative should provide documents showing what repayments were made and details of any arrangement reached.
If the complainant is claiming the financial firm has sent the default notice to an incorrect address, the representative should provide us with details of when the complainant notified their financial firm of their change of address, how they contacted the financial firm and, if relevant, who they spoke to and what was said.
The representative should also provide supporting documentation showing the complainant had changed their address. For example, by providing copies of statements received from other financial firms or utility bills from around the same time.