Credit and Consumer Law

Paul’s Story 

Paul receives the pension and lives remotely. A merchant provided an unsolicited agreement for solar panels that was to be paid to a ‘Buy Now Pay Later’ credit provider (BNPL credit provider) agreement.

The merchant did not provide the contract or explain the contract terms, misrepresented the contract and mislead Paul under the Australian Consumer Law. Paul could not afford the payments without significant financial hardship. He also has dyslexia and was reliant on the merchant’s explanation of the contract terms.

We originally wrote to the BNPL credit provider to seek a waiver of the debt, and to the merchant to seek compensation for their conduct, but the matter was not resolved at that stage.

We lodged a detailed complaint at the Australian Financial Complaints Authority. The BNPL credit provider reviewed the information and opted for early resolution by offering to waive the remaining $6000 debt, which our client was grateful to accept.

Privacy Notice: The names, identifying details and photographs used throughout this material have been changed or substituted with stock imagery to protect the privacy and confidentiality of our clients. The scenarios, outcomes and insights presented are based on real engagements but have been modified to ensure anonymity. Any resemblance to specific individuals or businesses is unintentional.

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