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Help & SupportUnforeseen Hardship

Unforeseen Hardship

Unforeseen Hardship

Under the Credit Contracts and Consumer Finance (CCCFA) Act 2003, as a borrower, you have the right to ask the creditor to change your loan contract if you meet the following criteria:

  • You have suffered a hardship you couldn't reasonably have seen coming, such as illness or injury, loss of employment, the end of a relationship, or death of a partner or spouse as a result of that hardship; and
  • You cannot reasonably meet your debt repayments; and
  • You believe you would be able to meet your debt repayments if the creditor changed the contract in the ways specified by the CCCFA (see below).

An application to change your loan contract in these circumstances is called a 'Hardship Application'. It is essential that you contact the creditor quickly if you cannot make your debt repayments. You have a limited time to make a hardship application if you are in default.

When can you make a hardship application?

You can make a hardship application at any time unless you:

  • Have been in default for two months or more; or
  • Have been in default for two weeks or more after receiving a repossession warning notice or Property Law Act notice; or
  • Have failed to make four or more consecutive debt repayments on their due dates.

You may only make one hardship application on the same grounds within any four-month period unless the creditor agrees to consider another application.

If you catch up on your debt repayments and defaults, you are again entitled to make a hardship application.

How do you make a hardship application?

You must make an application in writing (via email or post) to explain your reason(s) for the application and request one of the following:

  • An extension of the term of your contract – this will reduce the amount you pay with each repayment, but increase the number of repayments; or
  • A postponement of the dates on which payments are due under the contract; or
  • Both of the above

Once your application has been received, the creditor will contact you in writing, outlining the process from there.

If the creditor does not require any further information from you, a decision will be made within 20 working days of receiving your application.

If the creditor agrees to your requests, they may ask you to enter into a new loan contract or may change the terms of your existing loan contract to help you meet your obligations.

If the creditor agrees to a hardship application, you will have to pay a new loan establishment fee or a variation fee as per the fee schedule.

You can make an application for unforeseen hardship in writing. Please refer to your loan contract for the contact details of your creditor.

If you have any questions, please do not hesitate to contact us by emailing hello@lendingpeople.co.nz or calling (0800) 899 879.

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¹Fees: We do not charge a fee to use our service (commonly referred to as a platform fee, broker fee, or referral fee) if (a) you are an existing customer, (b) we arrange vehicle finance, and you use the vehicle purchased as security on the credit contract, or (c) you do not proceed with a credit contract. A fee to use our service of between $0.00 and $995 is applicable in all other cases.

²Annual Interest Rate (AIR): The AIR offered by our Personal Loan providers ranges from 6.95% p.a. to a maximum of 26.95% p.a.

³Annual Percentage Rate (APR): Also known as the 'comparison rate', the APR is calculated by adding together the AIR plus any additional fees that may apply (like establishment fees). New Zealand law does not require APR disclosure but doing so can better highlight borrowing costs. The APR offered by our Personal Loan providers ranges from 7.80% p.a. to a maximum of 27.91% p.a. The APR is accurate only for the representative example given below and may not include all fees like early repayment fees (if any). Different terms, fees or other loan amounts might result in a different APR.

⁴Minimum and Maximum Repayment Terms: Repayment terms offered by our Personal Loan providers range from 12 months to a maximum of 84 months.

Representative Example of the Total Cost of a Loan: If you borrow $20,000 over a repayment term of 36 months at an AIR of 6.95% p.a., your total repayments will be $22,493 (made up of $20,000 principle, interest charges of $2,243, and an establishment fee of $250). This example assumes monthly repayments and does not include premiums for any optional insurances or fees for using our service (if any).

Terms and Conditions: All approvals are subject to provider credit criteria and responsible lending requirements. The loan amount and interest rate offered will depend on your circumstances, the type of lending required, and the security (if any) provided. Provider establishment fees, terms, and conditions apply.