Part IIIA of the Privacy Act regulates the handling of credit information by certain types of organisations, including credit reporting bodies and credit providers.
UFS is deemed to be a credit provider under the Privacy Act only while it acts as an agent for a credit provider in performing a task that is reasonably necessary in processing an application for credit made to that credit provider.
The only circumstance in which UFS acts as an agent of a credit provider is where UFS obtains and verifies certain identification information about clients on behalf of a credit provider for the purposes of the Anti-Money Laundering and Counter Terrorism Financing Act 2006.
This involves the collection of "Credit Information" for the purposes of the Privacy Act, however, limited to "identification information". We do not collect or hold any other Credit Information, Credit Eligibility Information or CP derived information in our capacity as a credit provider.
However, where our clients have authorised us, we may request on our clients' behalf to obtain our clients' Credit Reporting Information from Credit Reporting Bodies. These requests will be made in the capacity of an access seeker authorised by our clients and we will not be acting as a credit provider for the purposes of such requests.
NSW & ACT:
- United Financial Services Pty Limited ABN 77 072 442 445
Australian credit licence 386927
QLD & NT:
- United Financial Services (Qld) Pty. Limited ABN 43 073 887 813
Australian credit licence 386930
VIC, SA, WA & TAS:
- United Financial Services Network Pty. Limited ABN 47 095 911 283
Australian credit licence 386932
As the holder of Australian Credit Licence # 437240, Ownright Pty Ltd T/a Funda is licensed to provide credit and credit assistance. We are required to give you this Credit Guide as soon as practicable after it becomes apparent to us that a credit contract is likely to be entered into. This Guide includes information about us, our responsible lending obligations, and our dispute resolution process.
Our Responsible Lending Procedures
Ownright Pty Ltd T/a Funda is here to ensure you don’t take out a loan you can’t afford to repay, by complying with our Responsible Lending Procedures. These Procedures are:
We will always act as a responsible lender, in accordance with the National Consumer Credit Protection Act 2009 and ASIC guidance.
We will base our lending decisions on a careful and prudent assessment of your financial position.
We will only lend amounts to you that we believe, on the information available to us, you can reasonably afford to repay.
We expect you to provide honest and accurate information to us when applying for a loan. However, we will also undertake our own independent checks.
As your Credit Provider, we will:
1. Conduct reasonable enquiries about you by:
(a) making reasonable enquiries about your financial situation
(b) making enquiries about your requirements and objectives
(c) taking reasonable steps to verify your financial situation
(d) taking any steps prescribed by the regulations to verify any matter prescribed by the regulations.
2. Based on these enquiries, make a final assessment about whether the proposed credit contract is “not unsuitable” for you. The proposed credit contract will be unsuitable if, at the time of the final assessment, it is likely that:
(a) you will be unable to comply with your financial obligations under the proposed credit contract, or could comply with substantial hardship; or
(b) the proposed credit contract will not meet your requirements or objectives.
3. If requested by you, give you a free written copy of the final assessment prior to you entering into the credit contract. Or, if requested within two years of entering into the credit contract, we will forward this copy within 7 days of receiving your request. If your request is within two to seven years of entering into the credit contract, it will be forwarded within a maximum of 21 days.
In both cases, we do not need to give you a copy of the assessment if: your request is made more than 7 years after entering into the contract or the credit limit increase; or the credit contract is not entered into.
Ownright Pty Ltd T/a Funda offers its clients both an internal and an external dispute resolution process that are readily accessible and free.
When Does a Dispute Arise?
A dispute arises if you make a complaint to Ownright Pty Ltd T/a Funda about a product or service and you are not satisfied with the response that you receive.
Internal Dispute Resolution
To use our internal dispute resolution procedure you should address a letter, email or fax detailing the dispute to:
Disputes Resolution Officer
Telephone: 1300 647 996
Facsimile: 02 40 440253
Mail: Disputes Resolution Officer,
Ownright Pty Ltd, T/a Funda
PO Box 290
The Junction, NSW 2291.
If the Dispute Resolution Officer is able to resolve the dispute he or she will promptly notify you in writing of the outcome and provide reasons for the outcome. If you are still not satisfied with the outcome of a dispute, you can refer the matter to our External Dispute Resolution Scheme.
You are not obliged to pursue a dispute with Ownright Pty Ltd T/a Funda using the internal dispute resolution procedure. If you do use the internal dispute resolution procedure, you may commence legal proceedings before, after or at the same time as using the internal dispute resolution procedure.
Ownright Pty Ltd’s participation in the internal dispute resolution procedure is not a waiver of any rights it may have under the law or under any contract between you and Ownright Pty Ltd.
External Dispute Resolution
External dispute resolution is a free service established to provide you with an independent mechanism to resolve specific complaints. You must attempt to resolve your complaint with us before contacting our external dispute resolution scheme. If you have a complaint which remains unresolved after speaking to our Dispute Resolution Officer, you can contact our external dispute resolution provider or get legal advice.
Our external dispute resolution provider is:
Credit Ombudsman Service Limited, you can contact them as follows:
Telephone: 1800 138 422 or (02) 9273 8400
Facsimile: (02) 9273 8440
Mail: The Ombudsman, COSL,
PO Box A252,
Sydney South, NSW 1235