Being Responsible

When you do what you promise, people view you as responsible and reliable, people trust you, and being trusted is an awesome feeling! You wouldn’t let someone you didn’t trust look after your dog, so why would you let them look after arranging your finance?

The great thing is, being a responsible lender is not rocket science and simply requires us to follow a certain set of rules. For the team here at The Lending People, this means following our Responsible Lending Guideline which you can help us with by following our Responsible Borrowing Guideline.

Here is where you can find out more about what these two guidelines include are and how we actively use them.

You can also check out the following websites which may provide handy information about borrowing money as well as helping you out with your budget.

Commerce Commission

Budgeting Tool

Advice on Loans and Credit

What You Can Expect From Us

When you apply for a loan, we have some responsibilities to you. We need to make sure we understand your situation and your needs. The below explains in plain English, what we as a responsible lender will do to help you and make sure you don’t get a loan that you can’t repay.

To view the full Responsible Lending Code which we must adhere to, click here.

The Lending People will:

  • Make reasonable enquiries before entering into a loan (or taking a guarantee) to be satisfied that:
    • The credit provided will meet the your needs and objectives
    • You and your guarantor (if any) will be able to make the payments under the loan, or comply with the guarantee, without suffering substantial hardship.
  • Help you and your guarantor (if any) to make informed decisions
  • Help you decide whether to enter into the agreement, agree to variations or any later decisions and to be reasonably aware of the contract’s effect by making sure:
    • Advertising is not likely to be misleading, deceptive or confusing to you
    • The contract’s terms are expressed in plain language in a clear, concise and intelligible way
    • Information is not presented in a way that is likely to be, misleading, deceptive or confusing.
  • Act reasonably and ethically:
    • When breaches of the loan occur or when other problems arise
    • If you suffer unforeseen hardship
    • During repossession including:
      • Taking all reasonable steps to ensure goods and property are not damaged
      • Adequately storing and protecting repossessed goods
      • Not exercising the right to enter premises in an unreasonable manner.
  • Not use oppression in dealings with you:
    • To ensure contracts are not oppressive and our powers are not exercised in an oppressive manner
    • You are not induced into contracts by oppressive means.
  • Comply with all of their other legal obligations to borrowers. This includes:
    • Following the rules about disclosure, credit fees, unforeseen hardship applications, and credit repossession in the Credit Contracts and Consumer Finance Act
    • Not making false or misleading representations or including unfair contract terms as required by the Fair Trading Act
    • Carrying out their services using reasonable care and skill, as required by the Consumer Guarantees Act

What We Expect From You

When you apply for a loan, you have some responsibilities to us. You need to make sure we have all the information we require to understand your situation and your needs. The below provides useful advice for what you as a responsible borrower can do to help.

Work Out Your Budget

You must be certain that you can afford the loan repayments.

Your budget lists your income and expenses, and shows if you have a deficit or a surplus. It includes both regular
and occasional items.

By making a budget showing your current income and expenses, you can see if there’s any room for additional expenses like loan repayments.

If your current budget shows a deficit, then a loan is not the answer.

Look at All Your Options

You should investigate whether there are other ways to meet their needs.

A loan might not be the right answer.

For example, if you want to buy a car, think about: other forms of transport, rescheduling your appointments, or a smaller vehicle like a scooter. Think about these all things before buying a car on credit.

Another example: If you want to buy something that’s not urgent, think about saving up and buying it later.

Work and Income will sometimes advance small amounts to people on a benefit, to cover essential items. They recover the advance slowly, without interest.

Find Out More About It

You must be sure what you’re signing.

You might need someone else to help explain it to you – a translator or budget adviser, for example. Look out for details on the total cost of the loan, including administration fees and what penalty fees could apply.

Provide True and Accurate Information

To assist us, you should provide all the information we need to make an informed lending decision.

We will ask you questions about your ability to repay, and may ask for things like bank statements, payslips, proof of debts, etc.

You should not hide relevant information from us, or mislead us in any way.

Keep The Lending People Informed

Unexpected life events can make repayments difficult. Talk to us when this happens. You may have Credit Related Insurances which may help you if you have lost your job or become sick. Have a quick look at your Loan Contract to see if you took this type of insurance out when you originally got finance with us. In conjunction with this, you might need to ask about our hardship provisions and talk to a budget adviser about your options.

Being Responsible When Selling Credit-Related Insurance

The Lending People sell Consumer Credit Insurance (CCI), Guaranteed Asset Protection Insurance (GAP), Mechanical Breakdown Insurance (MBI) and Comprehensive Motor Vehicle Insurance (MVI).

These insurances may be required as a condition of your loan approval, however you are free to purchase suitable cover from any supplier.

When any Credit-Related insurance is arranged by The Lending people, we have to:

  • Make reasonable inquiries before an insurance contract is signed
  • Ensure the policy is likely to meet your requirements and that payments will not cause substantial hardship.

The Lending People can rely on information you provides, unless the we have reasonable grounds to believe the information is not reliable.

  • Assist you to make informed decisions about buying that insurance and to be reasonably aware of the full implications of doing so. This includes making sure:
    • Any advertising distributed by The Lending People is not likely to be, misleading, deceptive or confusing to borrowers
    • Information is not presented in a misleading, deceptive or confusing manner

What if You’ve Been Declined?

If we have declined your loan application, it’s because we don’t believe it would be responsible to provide you with a debt you may not be able to repay.

Talk to someone independent

Sometimes it’s hard to step back from your own finances and see the big picture. When you feel like this, it’s important to talk to someone independent – not another money lender.

We suggest you talk with a budget adviser, who will offer free, confidential and non-judgemental advice. We have more than 160 budgeting services around the country. Find your nearest service by contacting:

0508 BUDGETLINE (283 438)