Consumer Protection

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Consumer groups have welcomed the announcement by the Australian Banking Association that bank customers applying for payment deferrals as a result of the COVID-19 pandemic will not have a missed payment or hardship flag appear on their credit file.
Importantly, this approach will apply across the board to all consumer debt, including mortgages, personal loans and credit cards. Consumer advocacy organisations and banks have been working together to provide solutions for customers experiencing financial hardship as a result of the COVID-19 pandemic through the Australian Banking Association’s Consumer Outcomes Group. The ABA has worked with its member banks to ensure where repayment deferrals are granted due to COVID-19, credit reporting is conducted in a fair and consistent manner. This ensures clarity and minimises any risk of confusion by customers who have different credit products from the same bank. This approach to credit reporting means that banks will not notify credit reporting bureaus of a customer’s missed repayments during the COVID-19 deferral period. This will give consumers peace of mind when entering into loan deferrals with their banks as their credit rating will not be negatively impacted. They urge other credit providers to follow the banks’ example.
Fiona Guthrie, CEO of Financial Counselling Australia said, "financial counsellors are already getting questions from clients about the impact of COVID-19 related hardship on credit reporting scores. This puts the matter firmly to rest when it comes to interacting with the banks and we welcome it strongly."
"But this also shows why, when this crisis is over, this approach should remain in place. People are put off asking for hardship variations if they know it will hurt their credit report. No one chooses to experience financial hardship. When it happens we shouldn't be punished for it."
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No impact on credit files during COVID-19 pandemic

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John L Realty Pty Ltd, formerly trading as Ray White Kwinana and now trading as Ray White Jones &amp; Associates, has been reprimanded, with a $1,000 fine.
The WA State Administrative Tribunal ruled after Consumer Protection got a complaint from the new owners of a property who became aware of the pre-existing issues over a faulty toilet and the real estate agency/property manager’s inadvertent nondisclosure.
It was three days after settlement when their tenants reported a toilet blockage.
Acting Commissioner for Consumer Protection David Hillyard said the selling agent not communicating information to the buyer, even though it was an unintentional oversight, was a breach of the Real Estate and Business Agents Act 1979 in contravention of the Code of Conduct for Agents and Sales Representatives 2011.
“Before or after receiving the buyer’s offer, the real estate agent should have disclosed the plumbing contractor’s invoices from July and August of 2013 stating that the property’s pipework to the septic tank was damaged and that further problems would occur if it was not repaired,” Mr Hillyard said.
“It was not otherwise likely the buyers themselves would ascertain these facts because the condition of the septic system was only detectable by a special inspection of the tank and pipes, rather than by routine inspections ordinarily carried out by home buyers.
“If the potential buyers had known about the issue they could have considered and explored the cost of the recommended option to connect to the deep sewer, which was available. They may then have altered the amount they were offering for the property on that basis.
“We hope this case serves as a reminder to real estate agents in WA that they must disclose things like this to potential purchasers.”
John L Realty Pty Ltd managed a Medina rental property for its owners from July 2009 to May 2014.
In July/August 2013 the tenants reported pipework problems and a plumbing contractor attended on two occasions to clear blockages between the property and its septic system.
The property manager/real estate agency was advised via the plumbing contractor’s invoice that there was a broken section of pipework between the septic tank and the property, which would cause problems in the near future, according to Consumer Protection WA.
There was also a recommendation from the plumber for the owner to connect the property to the now available deep sewer service.
By November 2013 the owners entered into a selling agency agreement through Ray White Kwinana with settlement completed in May 2014.
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Property 101: Toilet blockage non-disclosure triggers agency fine

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Consumer Affairs Victoria has received reports of a possible hacking scam targeting the email accounts of estate agents.
The scam sees home buyers deposit money into wrong bank accounts. 
The new hacking scam targeting Victorian home buyers and real estate agents has seen reported losses in excess of $200,000.
In most cases, the home buyer was sent an email from the selling agent with the contract of sale and trust account details for payment of the deposit. Shortly afterwards, they received a second email from the same email address, advising them of an 'error’ in the first email, and to deposit their money into a different account. 
While it looks legitimate, the second email is possibly a hack - and money paid goes to an account not related to the selling agent.
If you have purchased a home and receive an email from the estate agent with trust account details to make payment, call the agent or visit them in person to verify that the email is legitimate. Be very suspicious if you receive a second email telling you to make payment into another account, even if it is from the same email address. 
CAV strongly encourage estate agents, and all businesses, to regularly review and secure their online systems. Follow these tips to help keep email accounts safe: 
<ul>
<li>consider setting up a two-step verification process with your email accounts. This requires a user to provide more than one type of proof that they are authorised before they can access an account</li>
<li>change your passwords and other verification details regularly</li>
<li>delete spam messages without opening them</li>
<li>do not share your email address online unless you need to. Consider setting up a separate email just for online transactions, and another for communicating privately with clients and customers.</li>
</ul>
If you are an estate agent sending account details for customers to make payment via email, the department encourage you to advise them to: 
<ul>
<li>be very wary if they receive a second email telling them to pay into another account, even if the email comes from the same address</li>
<li>call your office to check the email’s legitimacy.  </li>
</ul>
Any business or individual who believes they have been tricked into paying money into an incorrect account, should contact their bank immediately.
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