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Break fee refunds of $165,000 for borrowers

The Commerce Commission has entered into a settlement with New Zealand Guardian Trust resulting from an investigation into break fees. The settlement will see 77 affected consumers sharing refunds of $165,000. 

Thursday, October 21st 2010, 4:17PM

This means that in the last two years, Commerce Commission investigations into break fees charged by banks and other lenders have resulted in approximately $1.4 million returned to consumers in settlements and ex-gratia payments.

The latest settlement relates to alleged misleading representations made between September 2007 and June 2009 about mortgage break fees for loans issued by Propertyfinance Securities.

The New Zealand Guardian Trust took over management of the loans when Propertyfinance Securities was placed in receivership in August 2007.

The Commission's investigation identified that Propertyfinance Securities' customers had contracts that stated that the break fee would be calculated using a formula set out in the Credit Contracts and Consumer Finance Regulation (the ‘safe harbour' formula).

However, in practice, affected customers were charged a different break fee which was greater than it would have been, had the safe harbour formula been used.

By using a formula that was different to the one set out in the customers' contracts, New Zealand Guardian Trust acknowledged that it was likely to have breached the CCCF Act.

New Zealand Guardian Trust also acknowledged that using the different formula was liable to mislead borrowers about the cost of break fees and therefore breach the Fair Trading Act.

Commerce Commission's enforcement manager Graham Gill says banks and lending institutions need to ensure when quoting or charging break fees that they accord with the terms of the contract.

 "Break fee formulae are complicated and the average customer is unlikely to be able to check the calculation to confirm that it is correct."

He says customers are reliant on creditors getting it right because otherwise there can be huge financial impacts.

The Commission says New Zealand Guardian Trust cooperated fully with the investigation and changed its method of calculating break fees as soon as it was advised of the problem.

 

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Mortgage Rates Table

Full Rates Table | Compare Rates

Lender Flt 1yr 2yr 3yr
AIA - Back My Build 4.94 - - -
AIA - Go Home Loans 7.49 5.79 5.49 5.59
ANZ 7.39 6.39 6.19 6.19
ANZ Blueprint to Build 7.39 - - -
ANZ Good Energy - - - 1.00
ANZ Special - 5.79 5.59 5.59
ASB Bank 7.39 5.79 5.49 5.59
ASB Better Homes Top Up - - - 1.00
Avanti Finance 7.90 - - -
Basecorp Finance 8.35 - - -
BNZ - Classic - 5.99 5.69 5.69
Lender Flt 1yr 2yr 3yr
BNZ - Mortgage One 7.54 - - -
BNZ - Rapid Repay 7.54 - - -
BNZ - Std 7.44 5.79 5.59 5.69
BNZ - TotalMoney 7.54 - - -
CFML 321 Loans 6.20 - - -
CFML Home Loans 6.45 - - -
CFML Prime Loans 8.25 - - -
CFML Standard Loans 9.20 - - -
China Construction Bank - 7.09 6.75 6.49
China Construction Bank Special - - - -
Co-operative Bank - First Home Special - 5.69 - -
Lender Flt 1yr 2yr 3yr
Co-operative Bank - Owner Occ 6.95 5.79 5.59 5.69
Co-operative Bank - Standard 6.95 6.29 6.09 6.19
Credit Union Auckland 7.70 - - -
First Credit Union Special - 5.99 5.89 -
First Credit Union Standard 7.69 6.69 6.39 -
Heartland Bank - Online 6.99 5.49 5.39 5.45
Heartland Bank - Reverse Mortgage - - - -
Heretaunga Building Society 8.60 6.65 6.40 -
ICBC 7.49 5.79 5.59 5.59
Kainga Ora ▼7.39 ▼5.79 ▼5.59 ▼5.69
Kainga Ora - First Home Buyer Special - - - -
Lender Flt 1yr 2yr 3yr
Kiwibank 7.25 ▼6.69 ▼6.49 6.49
Kiwibank - Offset 7.25 - - -
Kiwibank Special 7.25 ▼5.79 ▼5.59 5.69
Liberty 8.59 8.69 8.79 8.94
Nelson Building Society 7.94 5.75 5.99 -
Pepper Money Advantage 10.49 - - -
Pepper Money Easy 8.69 - - -
Pepper Money Essential 8.29 - - -
SBS Bank 7.49 6.95 6.29 6.29
SBS Bank Special - ▼5.89 ▼5.49 5.69
SBS Construction lending for FHB - - - -
Lender Flt 1yr 2yr 3yr
SBS FirstHome Combo 4.94 ▼4.89 - -
SBS FirstHome Combo - - - -
SBS Unwind reverse equity 9.75 - - -
TSB Bank 8.19 6.49 6.39 6.39
TSB Special 7.39 5.69 5.59 5.59
Unity 7.64 5.79 5.55 -
Unity First Home Buyer special - 5.49 - -
Wairarapa Building Society 7.70 5.95 5.75 -
Westpac 7.39 6.39 6.09 6.19
Westpac Choices Everyday 7.49 - - -
Westpac Offset 7.39 - - -
Lender Flt 1yr 2yr 3yr
Westpac Special - 5.79 5.49 5.59
Median 7.49 5.79 5.69 5.69

Last updated: 12 December 2024 9:22am

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