Question
Allan wants to buy a car and finds just what he wants for sale in Queensland. He buys the car and transfers the money online.
Allan wants to buy a car and finds just what he wants for sale in Queensland. He buys the car and transfers the money online. He decides to combine the trip north to collect the car with a holiday, but Allan is a poor uni student with only a part-time job and he realises he can't afford both the car and the holiday. Happily for Allan, he sees an advertisement for Whizz Bank saying that it has an Australian Credit Licence and the cheapest loans in town because it asks no questions, provides no paperwork and charges just one low fee. Allan intends to apply for a loan of $10,000, but decides after his last exam that he should celebrate and spend his holiday in luxury accommodation rather than in his leaky old tent. He ends up borrowing $30,000. Whizz Bank takes security over his car and a guarantee from Allan's elderly mother, Bertha. After Allan goes to Queensland there is an outbreak of Covid-19, the border between Queensland and New South Wales is closed and Allan is required to self-isolate for 14 days at his own expense in the luxury hotel where he had been staying. He loses his part-time job, the cost of the hotel accommodation uses up all of his loan funds and Allan is unable to make his loan repayments. Allan contacts Whizz Bank and asks that his repayments be postponed until he can return to Sydney and get another job. Whizz Bank responds almost immediately with a standard form letter refusing Allan's request. It advises that it intends to double the interest rate and charge a late payment fee of $100 per day for each day that a repayment is late. Whizz Bank also says it is considering claiming under the guarantee from Allan's mother. In a separate letter, the bank tells Allan that it has some exciting news. It plans to feature him in an educational advertising campaign about people who make poor lending decisions. To provide greater authenticity, the advertisements will mention Allan's name, race and religion. Whizz Bank says this is in the interests of the public and of the bank, so he has no reason to complain. Allan contacts you from his hotel room for advice on how he should respond to Whizz Bank. He also asks you whether there is any alternative to court action to get the matter sorted out. What advice can you give Allan on the issues arising from his dealings with Whizz Bank and his options for getting them resolved?
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