Credit Guide and Privacy Statement
ABOUT US (“we, us, our”):
|Licensee||Raimund Kollegger & Anne Kollegger
Xtreme Finance and Mortgage Solutions Pty Ltd
T/As Ark Financial ABN: 39 124 261 150
Australian Credit Licence No. 388244
6 Moses Way
Winston Hills NSW 2153
Mobile No. Anne Kollegger: 0413781520
Mobile No. Rai Kollegger: 0403158607
|PennleyPty LtdACN 071 979 498 as trustee for the Pennley Unit Trust
This document provides you with information relating to our activities and those of our credit representatives. It contains information about various fees and charges that may be payable by you to us, as well as about certain commissions we may receive from a licensee when we are acting as a credit representative, or we pay to certain third parties. It also contains information about what you should do if you have a complaint or dispute in connection with our services as a credit representative.
WHAT IS CREDIT ASSISTANCE?
We give you credit assistance when:
- we assist you to apply for a particular loan or lease;
- we suggest you apply for a particular loan or lease (or suggest you apply for an increase to an existing loan); or
- we suggest you remain in your current loan or lease.
THE ASSESSMENT WE NEED TO DO BEFORE GIVING YOU CREDIT ASSISTANCE
Before we provide credit assistance to you, we assess whether the particular loan or lease is suitable for you. To do this, we need to make reasonable inquiries and verify that:
- the loan or lease or increase will meet your requirements and objectives; and
- you can meet the proposed repayments.
We won’t be able to give you credit assistance if our assessment shows that:
- you won’t be able to meet the proposed repayments without substantial hardship; or
- the loan or lease won’t meet your requirements or objectives.
GETTING A COPY OF OUR ASSESSMENT
If we provide you with credit assistance, you can ask us for a copy of our assessment any time up to 7 years after we provide you with a credit assistance quote. To request a copy please contact us. We will provide you with a copy:
- within 7 business days after the day we receive your request – provided you make the request within 2 years of the date of our credit assistance quote; or
- otherwise, within 21 business days after the day, we receive your request.
INFORMATION ABOUT THE LICENSEE AND ITS CREDIT REPRESENTATIVES
We act as a credit representative of the licensee. The particulars of our licensee are noted in the table above. We are authorized to engage in credit activities including providing credit assistance and acting as an intermediary on its behalf.
Subject to meeting credit criteria, we are able to assist you to obtain loans and leases for you from a broad range of lenders and lessors through our Broker Group.
The following are the lenders or lessors with whom we generally conduct the most business
- Virgin Money
- National Australia Bank
- Adelaide Bank
- La Trobe
- Bluestone Mortgages
The following is a list of all the lenders with which I have accreditation:
|Residential Lender||Lenders I am accredited for|
|Australian Financial (HLCA)||☐|
|Australian First Mortgage||☐|
|Bank of China||☐|
|Bank of Melbourne||☐|
|CBA – Colonial||☐|
|Credit Union SA||☐|
We obtain mortgage aggregation services from the Broker Group. The Broker Group is a member of the Loan Market Group. The Broker Group provides services at arm’s-length to our business which include IT systems, loan information and lodgement systems, training and development, commission processing, conferences, and professional development events, and assistance with regulatory and compliance obligations. In consideration of the services the Broker Group gives us, we pay fees to the Broker Group or the Broker Group retains some of the commission panel lenders pay on loans we arrange.
Our business is owned and managed independently from the Broker Group
FEES AND CHARGES
FEES PAYABLE FOR THE PROVISION OF CREDIT ASSISTANCE
We may charge a fee for providing credit assistance or associated with providing credit assistance. More detail about those fees will be set out in a quote we will give to you before we provide you with credit assistance.
FEES PAYABLE IN RELATION TO ACTING AS A CREDIT REPRESENTATIVE
We may receive remuneration from our employer, our licensee, and/or Broker Group. We do not charge you any fees or charges in relation to acting as a credit representative.
OTHER FEES AND CHARGES
You may have to pay other fees and charges (such as an application fee, valuation fees, and other fees) to the lender, lessor, or other parties. You should review the disclosure documents and your loan contract or lease for further details of any such fees and charges.
COMMISSIONS WE RECEIVE FROM OUR LICENSEE
The Broker Group receives commissions from lenders and lessors and pays us a commission in relation to loan contracts or leases for which we act as a credit representative and provide credit assistance. The total amount of commission we may receive in relation to your loan or lease may vary depending on the lender or lessor, the term, the features, the amount of the loan or lease you ultimately choose, and the amount and timing of the repayments that you make.
Loan Contracts such as Home Loans, Investment Property Loans
Upfront commission payable by lenders in relation to home loans and investment property loans is calculated as a percentage of the loan amount and is generally in the range of 0.00%and 1%of the loan amount. It is usually paid after the settlement of the loan.
Trail commission payable by lenders in relation to home loans and investment property loans is generally calculated regularly (monthly, quarterly, bi-monthly or annually) on the outstanding loan balance and is paid in arrears. The trail commission payable by lenders is generally in the range of 0% per annum and 0.33%per annum of the outstanding loan amount.
Upfront commission payable by lenders in relation to personal loans is calculated as a percentage of the loan amount and is generally in the range of 0%and 1.8% of the loan amount. It is usually paid after the settlement of the loan.
Trail commission payable by lenders in relation to personal loans is generally calculated regularly (monthly, quarterly, bi-monthly or annually) on the outstanding loan balance and is paid in arrears. The trail commission payable by lenders is generally in the range of 0%per annum and2.75%per annum of the outstanding loan amount.
Upfront commission payable by lessors in relation to leases is calculated as a percentage of the lease amount and is generally in the range of 0% and 4%of the lease amount. It is usually paid after the settlement of the lease.
Trail commission is generally not payable in relation to leases.
Further details of the commission earned by us will be included in the credit proposal disclosure document we will provide to you at the same time as we provide you with credit assistance.
You can request information from us about the fees that we are likely to receive, how those fees are calculated, and our reasonable estimate of the fees or commissions that will be payable.
VOLUME BONUS ARRANGEMENTS
We and our Broker Group do not receive any volume-based benefit for residential home loan products. However, from time to time we or the Broker Group mayreceive a benefit, directly by way of cash bonus or additional commissions or indirectly by way of training, professional development days or sponsorship, if we or the Broker Group write a particular volume of loans offered by lenders for products such as commercial and lease products.
COMMISSIONS PAYABLE BY US
If a third party has introduced you to us or referred you to us, we may pay them a commission or a fee. More detail about those payments will be set out in the credit proposal disclosure document we will give to you before we provide you with credit assistance.
We may obtain referrals from a range of sources, including real estate agents, accountants, financial planners, or other people.
Further information about referral commissions, including our reasonable estimate of the amount of any commission payable and how it is calculated is available from us on request and will be included in the credit proposal disclosure we will supply to you when we provide you with our credit assistance.
DISPUTES OR COMPLAINTS
WHAT TO DO IF YOU HAVE A DISPUTE OR COMPLAINT?
We are committed to providing our customers with the best possible service. If at any time we have not met our obligations – or you have a complaint about any of our services – please inform us so we can work towards a resolution. We will endeavor to deal with your complaint promptly, thoroughly, and fairly.
HOW TO MAKE A COMPLAINT AND THE COMPLAINTS PROCESS?
If you have a complaint, we request you follow these steps:
- If your complaint is about your loan, in the first instance please contact your lender or credit assistance provider.
- If your complaint has not been resolved to your satisfaction within 5 business days or if your loan is about the services we give you, please contact the Licensee as listed in the table above.
THIRD-PARTY PRODUCTS OR SERVICES
If your complaint relates to a product or service acquired through a third party (for example, a lender) we may ask you to contact the relevant third party. They will deal with your complaint under their complaints resolution process.
If you are not satisfied with the resolution of your complaint by the third party under their complaints resolution process, you are entitled to have your dispute considered by their External Dispute Resolution Scheme. Please contact the third party for further details.
KEEPING YOU INFORMED
We will acknowledge receipt of your complaint within five business days. If unable to resolve the complaint/dispute to your satisfaction within five business days, we will write to you advising the procedures we will follow in investigating and handling your complaint.
Within 45 calendar days from the date you lodged the complaint with us, we will write to you advising you of the outcome of the investigation and the reason/s for our decision, or if required, we will inform you if more time is needed to complete the investigation.
STILL NOT SATISFIED?
If you do not think we have resolved your complaint to your satisfaction, you may take the matter – free of charge – to the relevant External Disputes Resolution Scheme (provided it is within the scheme’s terms of reference) as detailed below. You may also refer the matter to the relevant External Disputes Resolution Scheme at any time, but if our internal process is still in progress, they may request that our internal processes be complete before considering the matter further.
Our external dispute resolution service provider is
-the Australian Financial Complaints Authority (AFCA, which can be contacted via:
Our licensee’s external dispute resolution service provider is
-the Australian Financial Complaints Authority (AFCA), which can be contacted via:
BROKER BENEFITS DISCLOSURES
In line with industry reforms, I am required to keep a register of benefits received from any lenders or aggregators to the value of $100 or more which is kept current (over a rolling 12 month period and housed for 3 years). In the interest of transparency and good customer outcomes, an applicant may request a copy of this register to ensure there are no lender conflicts.
TIERED SERVICING DISCLOSURES
We have access to service programs available from some residential home loan providers. We access these services based on a number of measures. These programs promote preferential services to a customer and do not entitle us to additional payments or commissions or to preferential customer discounts.
ABOUT US (“we, us, our”):
We need to collect personal information about you to provide you with our broking & related services. This privacy statement tells you how we collect your information, what we use the information for, and who we share the information with. If we collect information that can be used to identify you, we will take reasonable steps to notify you of that collection.
How information is collected from you
We will collect your information from you directly whenever we can, like from inquiries we make of you when you seek credit assistance from us. We may verify that information from sources referred to in the responses to those inquiries or in this privacy statement.
How information is collected from other sources
Sometimes we will collect information about you from other sources as the Privacy Act 1988 permits. We will do this only if it’s reasonably necessary to do so, for example, where:
- we collect information from third parties about a loan or lease in relation to which you seek our services;
- we can’t get hold of you and we rely on public information (for example, from public registers or social media) or made available by third parties to update your contact details; or
- we exchange information with your legal or financial advisers or other representatives.
When the law authorizes or requires the collection of information
Some laws may require us to collect personal information about you. For example, we may require your information to verify your identity under Australian Anti-Money Laundering law.
How your information may be used
We may use your information for purposes including:
- giving you credit assistance;
- giving you information about loan products or related services including help, guidance and advice;
- considering whether you are eligible for a loan or lease or any related service you requested including identifying or verifying you or your authority to act on behalf of a customer;
- assisting you to prepare an application for a lease or a loan;
- administering services we provide, for example, to answer requests or deal with complaints;
- administering payments we receive, or any payments we make, relating to your loan or lease;
- telling you about other products or services we make available and that may be of interest to you, unless you tell us not to;
- identifying opportunities to improve our service to you and improving our service to you;
- telling you about other suppliers, with whom we have arrangements, those supply goods or services that may be of interest to you;
- allowing us to run our business efficiently and perform general administrative tasks;
- preventing or investigating any fraud or crime or any suspected fraud or crime;
- as required by law, regulation, or codes binding us; and
- any purpose to which you have consented.
You can let us know at any time if you no longer wish to receive direct marketing offers from us. We will process your request as soon as practicable.
What happens if you don’t provide information?
If you don’t provide your information to us, it may not be possible to:
- assist in finding a loan or lease relevant to your circumstances;
- verify your identity or protect against fraud; or
- let you know about products or services that might be suitable for your financial needs.
Sharing Your Information
We may use and share your information with other organizations for any purpose described above.
We may share your information with:
- your representative or any person acting on your behalf (for example, lawyers, settlement agents, accountants, or real estate agents); and
- your referees, like your employer, to confirm details about you.
Sharing with third parties
We may share your information with third parties in relation to services we provide to you or goods or services in which we reasonably consider you may be interested. Those third parties may include:
- the Broker Group through whom we submit loan or lease applications to lenders or lessors on the Broker Group’s panel. You can access the Broker Group’s privacy notice at choiceaggregationservices.com.au/privacy
- referrers that referred your business to us;
- financial services suppliers with whom we have arrangements;
- lenders, lessors, lender’s mortgage insurers, and other loan or lease intermediaries;
- organizations, like fraud reporting agencies, that may identify, investigate, and/or prevent fraud, suspected fraud, crimes, suspected crimes, or other misconduct;
- government or regulatory bodies as required or authorized by law. In some instances, these bodies may share the information with relevant foreign authorities;
- guarantors and prospective guarantors of your loan or lease;
- service providers, agents, contractors, and advisers that assist us to conduct our business for purposes including, without limitation, storing or analyzing information;
- any organization that wishes to take an interest in our business or assets; and
- any third party to which you consent to us sharing your information.
- Other organizations that assist us such as printers, mailing houses, lawyers, debt collectors, accountants, and other auditors. Some of these organizations may be overseas. Countries in which your information may be accessed include India.
Sharing outside of Australia
We may store your information in the cloud or other types of networked or electronic storage. As electronic or networked storage can be accessed from various countries via an internet connection, it’s not always practicable to know in which country your information may be held. If your information is stored in this way, disclosures may occur in countries other than those listed.
Information about other people
If you give information to us about another person (like your co-applicant) in relation to the services we provide, you will let that other person know that:
- we have collected their information to provide those services or for any other purpose set out in this privacy notice;
- we may exchange this information with other organizations set out in this privacy notice;
- access the information we hold about that other person,
by using our contact details above; and
- we may not be able to provide those services to you unless we obtain their information.