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Issue 6-2015 9 April 2015
Warning issued over compliance deadline
In this issue
inance providers and their agents, including car dealers, only have a short amount of time to prepare systems and update practices to ensure they comply with the latest part of the loan-shark laws. They also need to focus on staff training, says the Financial Services Federation (FSF), following the government releasing the final version of its responsible lending code. The document was published on March 17, and it will apply to all lenders and third-party contractors from June 6.
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It gives guidance on how lender responsibility principles included in changes to legislation covering credit contracts passed last year should be implemented. Paul Goldsmith, the Minister for Commerce and Consumer Affairs, recognises most businesses already follow responsible lending practices, “but a percentage – such as loan sharks and unscrupulous pay-day lenders – do not”. The law has been amended to provide greater protection for consumers, although there have been concerns about the legislation
and lending code’s effects on legitimate operators in the finance and automotive sectors. Some of these have been addressed, but businesses now face a tough compliance timescale. Lyn McMorran, executive director of the FSF, says officials managed to get the lending code out a week earlier than anticipated. “There was no slippage, but the timeframe is still tight with a deadline of June 6 to implement any required changes in the way business is done,” she told Autofile.
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Industry repercussions from verdict
T
he court of appeal’s dismissal of an appeal lodged by Motor Trade Finances Ltd (MTF) and Sportzone Motorcycles in a long-running prosecution brought by the Commerce Commission has implications for the wider industry. Glen Todd, MTF’s chief executive officer, describes the
case as significant and says its effects will be felt in the wider consumer lending sector, especially in relation to fees charged. This is because lending principles are incorporated in the responsible lending code, which takes effect from June 6. “The code sets out processes, practices and procedures lenders should follow to ensure fees are
not unreasonable, and will apply to all consumer credit contracts written after that date,” says Todd. The court’s ruling, made public on March 31, upheld earlier high-court judgements on the commission’s approach to assessing whether lenders’ charges are reasonable as required by the Credit Contracts and Consumer Finance Act (CCCFA).
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Made over to cruise Kiwi roads
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