How to negotiate payment terms
Work out what you can afford to pay
If you’re struggling to pay back money you owe, the first thing to do is to work out what you can actually afford to pay by doing a simple budget. How to work out what you can afford to pay.
If you can afford to pay something
Start paying the amount you can afford and get in touch with your creditor straight away to put a repayment agreement in place.
If you can’t afford to pay anything
Call us on 1800 007 007 straight away for advice.
Contact the organisation
- Contact the organisation and ask for the team that helps customers in financial hardshipSometimes, this is called the ‘hardship department‘ or ‘hardship team’ or may have a name like ‘customer assist’
- They can talk you through the options to help you with your debt, such as giving you extra time to pay or offering a payment plan based on what you can afford. These are often called ‘hardship variations’ (see below for examples)
- If your hardship is with a loan or lease for personal (or investment property) purposes, you have additional rights. See Financial hardship – Credit.
- Before you contact the hardship department, try to have the following ready:
- a brief description of what caused your financial hardship
- a copy of your budget (see Step 1)
- what you can afford for repayments
- proof of your income, such as a Centrelink Income Statement or a recent payslip
- evidence of why you’re in hardship (such as a copy of a medical certificate)
- If you cannot get all of the above ready, don’t worry, still call and discuss your situation. It is often possible to make a repayment arrangement immediately over the phone
- Keep a detailed record of all contact you have with your creditor and others in relation to your request, including date, time of the calls and what was said by you and the organisation’s representative
If you agree to a plan, do your best to stick to it
If you agree to a plan, get it confirmed in writing, and then do your best to stick to the repayments.
- Make the agreed payments on pay day
- If you’re on a Centrelink income, use the Centrepay system for utility or telco bills
- If you’re struggling to make the repayments, go back to Step 1. If something changes or you were perhaps a bit optimistic about your repayments, don’t ignore it. Take action and renegotiate
If you can’t agree, you can dispute it
If you can’t come to an agreement that you think is fair, you have a right to seek ‘external dispute resolution’ if it’s available in your state or territory. This free and independent service gives you an opportunity to explain how, by working with your lender, you can get back on track with payments. Refer to Dispute Resolution (Step 2).
Speak to one of our financial counsellors
If your problem still hasn’t been solved, or you’re feeling overwhelmed, call us on 1800 007 007 to speak with one of our financial counsellors.
Options when you’re negotiating
Temporarily stop payments
This is often called a moratorium, ‘deferral’ or ‘repayment holiday’.
- No repayments are made in the deferral period
- It is a useful option for definite, short-term hardship; for example, a fixed period of time off work due to injury, an unexpected illness or temporary unemployment
- Some creditors might stop fees and interest during a deferral period if you ask
Change your repayments
The payments can be:
- reduced temporarily then return to the usual repayment at a later date. (If there is a loan, the arrears can be added to the loan and the term of the loan extended)
- reduced temporarily and then you later make higher repayments or pay the arrears in full
- permanently reduced and you repay the debt over a longer period of time
Make a lump sum payment
- An offer is made to settle the debt for less than the amount owing
- The offer is made in full and final settlement of the debt
Surrender your assets
If your situation has permanently changed and you’re certain you won’t be able to afford payments on your house, car or other asset, you can contact your creditor and arrange to surrender the asset to them. They’ll then sell the asset and put the proceeds against your debt.
While creditors try to sell goods for a reasonable price, it’s possible that:
- Your goods will sell for less than their expected market value; and
- You’ll still be left owing money after the item has been sold; and
- You’ll need to make a repayment arrangement or otherwise settle the remaining debt.
In certain circumstances, creditors may waive the debt. For example, if:
- Your only assets are basic household goods and/or a low value car
- You are a long-term recipient of Centrelink
- You are unwell or other compassionate grounds apply
Debt waivers are often appropriate if you have one or two debts. If you have multiple debts, other options might be more appropriate.
Freezing interest and fees
Freezing fees and interest (at 0%) to make repayments smaller may make it easier for you to pay the debt.
Often part of other solutions such as deferrals and moratoriums (above) can be a useful option.
Your credit report
If you are behind on repayments for your debt, this can affect your credit report. A default cannot be listed on your credit report (after March 1, 2014) unless you have been sent two notices:
- default notice
- a notice of intention to list a default
If you have made a repayment arrangement with the creditor, a default cannot be listed while you are keeping to the repayment arrangement.
For loans and leases for personal (or investment property) purposes, the lender can list repayment history information on your credit report if you are more than 14 days late with a repayment. For more information see Financial hardship – credit.
KNOW YOUR RIGHTS
NEGOTIATING WITH YOUR CREDITOR
Organisations like utility companies, telcos and credit providers have obligations to provide ‘reasonable’ assistance to customers in financial hardship.
- If your creditor doesn’t agree to a fair solution, you don’t have to accept their decision. You have a right to take your dispute to the relevant External Dispute Resolution Scheme (if the creditor is a member).
- If you make a complaint in writing to an External Dispute Resolution scheme, the creditor cannot take legal action against you while the dispute is being considered
- Always keep making payments you can afford while you’re negotiating