Proposed laws re lenders financial history

Just thought I would post this for debate for people who may not have read it, its from the realestate.com newsletter:


Lenders will be able to pry deeper into people's financial histories providing a much better picture of a person's total debt under proposed laws.

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Everybody applying for a credit card or a new loan will have to agree to give up much more information about their financial history and circumstances under compromise proposals now before the Rudd Government.

However, the Australian Law Reform Commission rejected calls by banks and credit agencies for comprehensive reporting of credit applicants' financial history. They wanted access to complete repayment histories but will have to settle for a lot less.

Commission president Professor David Weisbrot said more information would lower the cost of credit to low-risk borrowers and high-income earners.

"On the other hand, consumer groups were not convinced that more information would be used to assist responsible lending, rather than to advance more credit and contribute to higher levels of indebtedness."

After launching the commission's report, Prof Weisbrot suggested that comprehensive credit reporting, as called for by lenders, could lead to a US-style sub-prime crisis.

The commission recommended that credit reporting agencies should be allowed to collect four additional items of information: the type of each current credit account opened (for example, mortgage, credit card, personal loan); the date opened; the credit limit; and the date closed.

In effect, credit agencies will provide a much better picture of a person's total debt, without showing repayments or missed repayments, except those that lead to defaults.

That's a big step up from what is now allowed, which is defaults on credit, loans or bills and applications made for credit products. Lenders do not get a complete readout of everything that people owe and how they are going with repayments.

Such reporting could work against good borrowers said Geoffrey Chester, a debt administrator with Debtcutters in Wellington Point on Brisbane's bayside.

"I have a client who moved and didn't pay his $90 phone bill, which became a default on his file," Mr Chester said.

"When he went for a home loan he was forced to the predatory end of the market where he has to pay thousands more in interest and fees for a low-doc mortgage.

"All because he had a default listed on his credit reference file."

The Law Reform Commission's compromise approach was welcomed by consumer groups. "We have been concerned for a while that lenders were using people's credit reports not only to assess them for a loan, but also to pre-screen them for marketing offers," said Nicole Rich, a solicitor at Victoria's Consumer Action Law Centre.

"This is an inappropriate use of private personal information and we support the recommendation that it be prohibited."

The centre also supports other recommendations such a minimum amount below which a debt cannot be listed on a credit report.
 
... so would this be a good or a bad thing to a property investor, who's main goal with mortgages is to get more debt to buy more assets?
 
Good for those who are honest.

Bad for those who bend the rules.

Good for the country mindset as the availability of easy credit traps the young, hopeful and desperate into financial debt crisis.

Good for credit rating as an element of risk will be removed.

Bad for banks using the excuse they didn't know when they gave a pensioner, child, a $50k credit card or dodgy loan.

IMO Peter
 
Allowing every Bank to have lawful and quiet access to every nitty-gritty detail is to be fully encouraged. I think it's a great idea. :)

Let's start with the chairman of the Bank. I'd like to run a fine tooth comb thru his affairs. Then we'll have a gander at the Chief Legal Counsel of the Bank. Let's see what she's got going on.
 
Better information usually means better decisions

Better information usually means better control. For the banks.... Good if your a bank shareholder....

Good for those who are honest.

If you fit into their 'typical person' model. If not, some ambiguity (whilst remaining honest) might be more desireable.

Good for the country mindset as the availability of easy credit traps the young, hopeful and desperate into financial debt crisis
Don't see how it will affect easy credit. The bank will just know exactly how far it can lead you up the creek without a paddle - enough so you can't get back but not so far you sink..... All in their judgement of course!


Allowing every Bank to have lawful and quiet access to every nitty-gritty detail is to be fully encouraged. I think it's a great idea.
Yep, great for negotiating from an equal starting point hey Dazz;)
 
I can't see why this is being proposed. If the premise is for better information, what are the current issues today that are being caused as a result of inadequate information?

My gut feel is that they would want to use the information for cross-marketing purposes.

Double edged sword, I would have thought for banks anyway. Maybe gives them better information, but what happens to the constant, "you are now pre-approved for a $xxxk [insert name] credit card" letter. Or the "we have increased your credit card limit to $xxxk, please sign and return to approve" letter.
 
Better info - better decisions

I can't see why this is being proposed. If the premise is for better information, what are the current issues today that are being caused as a result of inadequate information?

My gut feel is that they would want to use the information for cross-marketing purposes.

Double edged sword, I would have thought for banks anyway. Maybe gives them better information, but what happens to the constant, "you are now pre-approved for a $xxxk [insert name] credit card" letter. Or the "we have increased your credit card limit to $xxxk, please sign and return to approve" letter.

Current credit reporting is less than half of the story. The main issue is that, unlike positive reporting jurisdictions like the US, OZ credit reporting is negative in that it lists only what loans you have applied for and your "bad debts".

It doesn't give current outstanding balances (which many people lie about) nor show how good you have been paying off your debts.

Adding the first series of data will make it harder from some, but only the bulls**t artists and those that shouldn't have more debt, while adding the latter will make it easier for those who borrow less frequently but pay well.

The other benefit to borrowers is that it will allow funders to more accurately price for risk which will mean lower costs for low risk, reliable borrowers

All in all, a very good thing.
 
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