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Financial Hardship Lodgment
- DA/ADA needs to check for the list of stonewalling CPs
- DA/ADA’s must discuss with management if the case needs to be lodged for Financial Hardship
- If Management approves, ADA’s must ensure CRM contact is up to date and accurate (all docs attached, all notes updated)
- ADA’s will open a task for Legal Counsel to review CD documents
- ADA also sends an email to Legal Counsel notifying them of the situation
- The ADA/DA’s will need to answer the following questions;
- Is there pending threatening legal action by the CR or collector?
- Is there a pending credit default?
- Is there pending repossession?
- How many debts under mgt are in negotiations?
- Have we successfully DoS any of the client’s debts?
- What are the total debts under management?
- What is the DUM Subsection status for each debt?
- Legal Counsel will then review the account;
- Review CD
- Prepare legal synopsis
- Discuss with management regarding strong breaches
- Legal Counsel will have CSE answer the following questions;
- Does the client know if we lodge AFCA case there will be a faster settlement?
- Is it in the client’s debt strategy they want a faster settlement?
- Why does the client want to go to AFCA to obtain a faster debt settlement, are they applying for a home loan or other finance?
- Do they just want their file cleaned? If they are not applying for finance this is a waste of our time?
- Does the client know they will need to do an interview with ILC & CSE to determine debt backstory to assist with legal synopsis?
- Is the client CreditReboot account in arrears?
- And if so how much? And what is the balance outstanding
- Does the client know that they will need evidence of business turndown and that they will need to support that with documentation?
- Legal Counsel will need to answer the following questions;
- Has the ILC uncovered substantial NCCP/ACCC breaches
- Is the case strong in our favor?
- What is the legal thrust that will win the dispute?
- Is there enough evidence from the client to substantiate a hardship story or claim?
- Legal Counsel will prepare the Financial Hardship Request
- Legal Counsel will contact Management for a final review
- Management will deliberate and decide on the next best steps, taking into account all of the information provided.
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