ELKCORP CREDIT & COMMERICAL GUIDE

Transcription

1 ELKCORP CREDIT & COMMERICAL GUIDE

2 Service Guide & Disclosure Document 2 Australian Credit Licence Holder Details Australian Credit Licence Holder Elk Credit & Commercial Pty Ltd (ACN: ) Australian Credit Licence Number Phone Number E mail: info@elkcorp.com.au Address Level 1, West Wing, 65-67Thomas Drive, Chevron Island QLD 4217 Mail P.O. Box 345, Chevron Island, QLD 4217 Your Authorised Credit Representative Details Authorised Credit Representative Ian Kebblewhite Credit Representative Number Phone Number Mobile E mail: Ian.k@elkcorp.com.au Address Level 1, West Wing, 65-67Thomas Drive, Chevron Island QLD 4217 Mail P.O. Box 345, Chevron Island, QLD 4217 Credentials & Experience

3 Service Guide & Disclosure Document 3 Australian Credit Licence Holder Elk Credit & Commercial Pty Ltd ACN: Australian Credit Licence Number Our Obligations Credit assistance providers must provide a credit guide to the consumer as soon as practicable after it becomes apparent that they are likely to provide credit assistance to the consumer (and / or business) that they are dealing with. Credit Advice Proposal Credit assistance providers must at the same time as they provide credit assistance to the consumer (and / or business), provide the consumer (and / or business) with a Credit Advice Proposal including a quote Disclosure Document. Credit assistance providers must not provide credit assistance unless they have provided the consumer (and / or business) a quote and / or proposal and the consumer (and / or business) has signed and dated the quote and / or proposal (or has otherwise indicated acceptance of the quote and / or proposal).the quote and / or proposal must be in writing and also include information such as information about the credit assistance and other services the quote and / or proposal covers state the maximum amount that will be payable by the consumer (and / or business) in relation to the credit assistance and other services state whether the maximum amount or any other amount will be payable by the consumer (and / or business) to the licensee (and / or its corporate credit representatives and/or credit representatives) if a credit contract is not entered or a credit limit is not increased (and / or loan facility not varied) The licensee and / or credit assistance provider must not request or demand payment of an amount that exceeds the maximum amount set out in the quote and / or proposal. They also must not request or demand payment of an amount for the credit assistance before the licensee and / or credit assistance provider provides the advice or assistance. In the event the licensee and / or credit assistance Provider changes a fee for service, this will be disclosed to you for your due consideration and acceptance, before any further advice or assistance is provided. A written preliminary and / or final assessment that a credit contract is not unsuitable must be provided by the credit assistance provider free of charge when requested by the consumer (and / or business). Commercially sensitive lending criteria on which credit decisions are based doesn t need to be disclosed. The document must be concise, easy to understand and assist the consumer understand why the credit contract has been assessed as not unsuitable. About this Credit Guide This document is the Credit Guide of Elk Credit & Commercial Pty Ltd (referenced as Elk Credit & Commercial throughout the remainder of this document), ACN: (and its corporate credit representatives and credit representatives). Elk Credit & Commercial is an Australian Credit Licence Holder (Australian Credit Licence Number: ) and its authorised corporate credit representatives and credit representatives are credit assistance providers. This Credit Guide has been designed to provide you with key information so you are informed and aware of necessary matters prior to deciding to use the credit assistance services of Elk Credit & Commercial (and/or its authorised corporate credit representatives and / or its authorised credit representatives).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, 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 credit representative providers.

4 Service Guide & Disclosure Document 4 A credit representative is an entity or person who has been authorised by a credit licensee to engage in specified credit activities on behalf of the licensee. We give you credit assistance when: we assist you to apply for a particular loan or equipment finance / lease; we suggest you apply for a particular loan or equipment finance / lease (or suggest you apply for an increase or variation to an existing loan); we suggest you structure and operate your credit and loan facilities in a particular manner; we advise you on your existing credit and loan facilities and any variations, amendments and changes in relation to such facilities; and we suggest you remain in your current loan or equipment finance / lease This Credit Guide acknowledges your right to ask us about the services provided by the licensee and / or its authorised credit representatives and / or its corporate credit representatives, namely, the type of recommendation given and your costs in completing a transaction. It also provides direction if you are dissatisfied or have a complaint about the services we have provided. For your further information we have detailed in this guide the action that you may take to satisfy any query that may arise in our dealings. We welcome the opportunity to promptly resolve, to the best of our ability, any dispute that you feel justified in bringing to our attention. Early contact where disputation occurs, in most cases, solves any unnecessary unpleasantness. About this Credit Guide This Credit Guide contains the following sections: Overview Our Services Available Facilities (including Facility Types) and Products Your Authorised Credit Representative (ACR) Responsibility for Conduct Fees, Charges and Notice of Disclosure Suitability of Loans to your Circumstances, Needs and Financial Objectives Complaints Your Privacy Protection Privacy Policy Overview Elk Credit & Commercial (and / or its authorised corporate credit representatives and / or its authorised credit representatives) have been established as a result of many years of dedicated, professional service to the Australian general public and business community. We have vast experience in providing clients with professional service in the provision of credit, lending, finance and other associated credit facilities. We have a strong focus on providing our clients with robust and versatile credit and finance solutions. Elk Credit & Commercial (and / or its authorised corporate credit representatives and / or its authorised credit representatives) endorses and abides by the relevant Codes of Conduct and strictly adheres to the various Acts of Parliament and those passed by the National and the various State and Territory governments of Australia. We also comply with all requirements as directed by ASIC our National Regulator. We are members of Finance Broking /Mortgage Origination industry associations ensuring we follow ethical and professional practices. Our Services Why people select Elk Credit & Commercial (and / or its authorised corporate credit representatives and / or its authorised credit representatives): We are a Licensed Credit Assistance Provider (or our credit representation has been authorised) We offer a choice of credit product and facilities from a wide and diverse range of banks and lending institutions We are a Finance Brokers Association Australia (FBAA) member We are member of the Financial Ombudsman Service Available Facilities (including Facility Types) and Products We maintain a list of approved and preferred panel credit providers / lenders (which is constantly reviewed and maintained) along with their appropriate and associated loan facility types and products, which we can utilise to present (or provide information about or relating to) in order to illustrate and detail to you a comprehensive range of finance facility options that may be suitable for your needs and financial objectives (and ultimately need to be

5 Service Guide & Disclosure Document 5 suitable to your needs and financial objectives).to highlight this, a facility type / product summary will be provided for every recommended loan facility demonstrating the various key features of the particular facility type / product. The abovementioned list of approved and preferred panel credit providers / lenders is annexed to this credit guide for your review and purposes. Your Authorised Credit Representative (ACR) Your ACR is representing Elk Credit & Commercial and as such has to meet training, professional qualifications and competency standards as part of the industry requirements. We are regularly undertaking training and courses (both internal and external) to maintain all representatives level of professionalism. Responsibility for Conduct Your Authorised Credit Representative acts as either an employee or a contractor or a representative of Elk Credit & Commercial (and / or on behalf of the corporate credit representative) which is responsible for any credit assistance finance / lending / credit product or recommendation that is provided to you. The licensee, and corporate credit representatives and credit representatives (if applicable) have, by law, Professional Indemnity insurance to cover any potential claims. They are also closely monitored and supervised to ensure: they comply with credit legislation and conditions of their registration that clients are not disadvantaged by any conflicts of interest that arise wholly or partly in relation to credit activities that credit activities are engaged in efficiently, honestly and fairly. Fees, Charges and Notice of Disclosure Our income is mainly derived by a commission payment from a credit provider / lender. However a finance broker / mortgage originator is entitled, in some cases, to charge a fee for service. The fee charged may be a percentage of the loan amount or a fixed sum and can vary from product to product, through to the service and / or recommendation provided. If this is applicable, this will be disclosed to you. It is important to note that a share of any commission earned by Elk Credit & Commercial (and / or its authorised corporate credit representative and / or its authorised credit representative) may be passed on to a third party who has introduced a client to us for assistance with credit, lending and finance. Any payment to a referrer is at the sole discretion of Elk Credit & Commercial (and / or the authorised corporate credit representative and / or the authorised credit representative making such payment). All commission amounts that may be received, any referral and / or professional services fees that may be received, as well as any fee for service fees and charges that may be applicable, along with any referrer payments (including commission amounts shared as per the reference above) that may be made, will be detailed to you verbally and also confirmed in writing, including in the Services Guide and Disclosure Document that comprises information and disclosures relating to Elk Credit & Commercial and / or its authorised corporate credit representatives and / or its authorised credit representatives, and / or the other organisations / entities that form part of the platform of businesses and / or representatives and / or professional services providers that comprise ElkCorp, ElkCorp House Pty Ltd and the elk7 group of entities).this Services Guide and Disclosure Document is a separate and supplementary document relating to our dealings with you (as well as your dealings with the other businesses and / or representatives and / or professional services providers that comprise the ElkCorp, Elkcorp business model, elk7 group of entities. Elk Credit & Commercial and / or its authorised corporate credit representatives and / or its authorised credit representatives will provide the abovementioned Services Guide and Disclosure Document to you, and recommend that you read this document, and ask us any questions you have in relation to ensuring you understand such document. Elk Credit & Commercial corporate credit representatives and / or credit representatives may receive an upfront commission and trailing commission (on going payment) for structuring and implementing loan facilities in line with your instructions and on your behalf. The commission paid

6 Service Guide & Disclosure Document 6 to us is not paid directly by you. The upfront commission we may receive is between 0.00% and 1.75% (inclusive of GST) of the amount borrowed by you, and the trail commission (on going payment) we may receive is between 0.00% and 0.50% (inclusive of GST) per annum, of the balance owing by you from time to time. Upfront commission relating to equipment finance / leases: Upfront commission payable by equipment finance providers / lessors in relation to equipment finance deals / leases is calculated as a percentage of the credit / finance facility amount and is generally in the range of 0.50% and 16.50% (inclusive of GST) of the credit / finance facility amount. It is usually paid after settlement of the equipment finance / lease.trail commission is generally not payable in relation to equipment finance / leases. When you buy products and services through Elk Credit & Commercial s corporate credit representatives and / or credit representatives via other third party companies / organisations / individuals, we may receive an upfront fee /commission and / or ongoing fee / commission from the other third party companies / organisations / individuals. In certain circumstances / some cases, we charge a fee for providing credit assistance. More detail about those fees will be set out in a quote and / or credit advice proposal we will give to you before we provide you with credit assistance. After considering the information both verbally confirmed to you, as well as in writing, including such information that is disclosed to you in the abovementioned Services Guide and Disclosure Document, we acknowledge that you have the right to appoint, should you so desire, another corporate credit representative and / or credit representative to represent and negotiate any credit / loan requirements you may have.8 Suitability of Loans to Your Financial Objectives It is our duty to have a complete knowledge of your current and overall financial situation, financial objectives and borrowing needs before we can recommend a suitable loan solution, structure and / or strategy that would meet your requirements. Our views will be presented to you in our Credit Advice Proposal. As a Credit Licensee (and / or authorised corporate credit representative and / or authorised credit representative) we are required to: Make reasonable enquiries about a consumer s (and / or businesses) financial situation, and their requirements and objectives Take reasonable steps to verify a consumer s (and / or businesses) financial situation Make a preliminary assessment about whether (and confirm that) the credit contract is not unsuitable for a consumer and / or business (based on the enquiries and information obtained in the abovementioned first two steps). 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 and / or loan facility structure or equipment finance / lease or increase will meet your requirements and objectives; 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. You as the consumer (and / or business) can request for a written copy of the abovementioned written preliminary assessment. If we provide you with credit assistance, you can ask us for a copy of our preliminary assessment any time up to 7 years after we provide you with a credit assistance quote / credit advice proposal. 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 2years of the date of our credit assistance quote / credit advice proposal; or Otherwise, within 21 business days after the day we receive your request.

7 Service Guide & Disclosure Document 7 However, in contrast to the above you may simply elect to apply for a loan that you have already selected. If this is the case, we will not enquire about your needs and objectives but will still issue you with a Nil Credit Advice Proposal and proceed directly with the finance application for submission to your selected lending institution Complaints If you have a complaint about the services we provide, the following options for resolution are available. Most complaints or disputes arise from miscommunication and can usually be resolved amicably without delay. We also believe it is how an organisation / entity deals with complaints, dispute, misunderstandings or miscommunications, that demonstrates the true integrity and quality of such organisation / entity. If you find yourself in a situation where you have a complaint, dispute or possible misunderstanding, contact us and explain your concerns in order for us to provide a speedy resolution. 1. First Option If you are not satisfied with any response then please contact as follows: Contact name of our Complaints Officer: Ian Kebblewhite If your complaint relates to a product or service acquired through a third party (for example, a lender) we may ask you to contract 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. Your Privacy Protection We will maintain a file which contains all the personal details and associated information (including source and supporting documentation) you have disclosed and that we have collected, including information included in the Credit Advice Proposal. You can arrange to examine your personal file by simply contacting us to make the appropriate arrangements regarding this. Our Privacy Policy is set out in detail on pages 8, 9, 10 and 11 of this Credit Guide. We will also disclose to you (and provide for your review) a copy of a supplementary / additional Privacy Policy specifically relating to the information we capture and collate during the completion of our (including the other organisations / entities / businesses that form part of, and comprise, ElkCorp House Pty Ltd) Client Needs Analysis. Contact phone number: ian.k@elkcorp.com.au Mailing Address: P.O Box 345, Chevron Island, QLD Second Option If you feel after the previous option your complaint has not been satisfied, you may contact the External Dispute Resolution (EDR) provider: Name of EDR scheme: Financial Ombudsman Services Ltd (FOS) Phone number: Website: