$4.95 POST APPROVED PP255003/06906
ISSUE 6.10 May 2009
Regulation timeline for brokers
PwC Barometer: Protecting business financial planning is key identity page 24
page 22
page 19
■ 4: ACCC ruling unfair ■ 10: Financing for SMEs ■ 14: Swan offers budget help
Brokers 2 – Whittingham 0 Broker claims against lead generation services provided by Mark Whittingham are set to start pouring in after a campaign for refunds initiated by Australian Broker and Brokernews resulted in victories for two claimants. Amid a continuing flood of complaints, one broker has managed to recover his funds from lead service provider, Home Loan Selection Services (HLSS), and another broker is on the verge of getting a refund. NSW-based broker, Michael Badger, had to phone into a Victorian Consumer Advocacy Tribunal (VCAT) hearing to defend the $4,400 he recovered from his credit card company, after HLSS managing director, Mark Whittingham, failed to deliver leads. Badger managed to recover the money after presenting an email he received from Whittingham prior to signing up with HLSS. In the email Whittingham assured Badger that all unused credits would be refunded if he decided to end the arrangement after 30 days. After Badger did not receive the leads he paid for, and was unable to get in touch with Whittingham, he contacted his credit card company and received a refund based on the email. In retaliation, Whittingham issued
a VCAT order against Badger and sent debt collectors in a bid to recover the funds. The result was that Badger had to phone into the aforementioned VCAT hearing on 6 May. At the hearing Whittingham claimed that the email he sent Badger promising the refund for unused leads was not from him. However the judge dismissed his argument, allowing Badger to hold onto his money. Since Badger’s victory another broker, Stan Marinis, has also won a case against HLSS, after Whittingham failed to show up to their VCAT mediation on 8 May. Marinis contacted VCAT to arrange for the mediation, after he did not receive the leads he had paid for. As Whittingham did not make an appearance at the hearing, he now has until 22 May to refund the money to Marinis or to try to arrange another hearing date. Page 28
Brokers facing new lender fees Having only recently suffered through commission cuts, brokers are going to see further likely decreases to their pay cheques after two major banks flagged new accreditation fees. Following the introduction of its new mandatory accreditation requirements which require brokers to settle at least one loan with the bank every six months, Westpac has announced it will also be introducing a broker “re-accreditation fee”.
While initial accreditation with the lender will be free of charge, any broker who has this cancelled will have to complete a reaccreditation session which will incur an associated fee. At time of print the “appropriate” amount of the charge was being discussed between Westpac and its “key business partners” and stakeholders. Following in a similar vein, the CBA said it was currently in the process of making changes to its accreditation requirements and
To read broker comments and for background on the story follow these links on Brokernews: More brokers rally against leads “scam” http://www.brokernews.com.au/site-search/ more-brokers-rally-against-leads-quotscam quot/34085?keyword=whittingham Broker taking lead generator to VCAT mediation http://www.brokernews.com.au/site-search/ broker-taking-lead-generator-to-vcat-mediat ion/35088?keyword=whittingham Leads: Broker wins refund after Whittingham no-show http://www.brokernews.com.au/site-search/ leads-broker-wins-refund-afterwhittingham-noshow/35167?keyword=whittingham
that these would be introduced in the second half of this year. “A fee will not be charged for accreditation but where brokers are required to attend an ‘up-skilling workshop’ because they have not maintained their product, policy and process skills a fee to cover retraining costs will apply,” said CBA’s head of third party, Kathy Cummings She went on to say that the amount of the fee has not yet been confirmed and further details will be available closer to the date.
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