Our investigation
We considered the bank had not met its obligation under the Code of Banking Practice to communicate clearly and effectively. Neither the relevant contract clause nor the bank’s website explained that the bank treated lump sum payments and increased regular repayments differently when assessing the 5 per cent threshold for the early repayment charge. The effect of an increased regular repayment is calculated to the end of the fixed-rate period whereas the effect of a lump sum payment is calculated in the year it is made.
If the bank’s information had been clear, it is likely David and Ashley would have structured their repayments differently. In response, the bank offered them $4,500 to reduce the loan balance to recognise the missed opportunity to make higher repayments, along with the option for them to make a lump sum payment up to the remaining 5 per cent threshold without charge. The bank also said it would improve how it explained the 5 per cent threshold and early repayment charges to customers.
Outcome
David accepted the bank’s offer.
Print this page