Can’t Afford Your Repayments or Being Hassled by a Debt Collector?

Updated 26 June 2026 · FairClaim Guides

If you have fallen behind on a loan, credit card or car finance, you have a legal right to ask your lender for hardship help — and they must respond. And if a debt collector is contacting you too often or unfairly, there are rules they must follow. Disputes about both can go, for free, to the Australian Financial Complaints Authority (AFCA), with free financial counselling available from the National Debt Helpline on 1800 007 007.

Your hardship rights

You can give a hardship notice in any words — a phone call or message saying you cannot meet your repayments is enough.
Under the National Credit Code, the lender must generally respond to a hardship notice within 21 days.
If they refuse to vary your repayments, they must explain why — a flat refusal without reasons is a problem.
Taking enforcement action while your hardship notice is still being considered can also be challenged.

Debt-collector conduct

Debt collectors must follow the ASIC/ACCC Debt Collection Guideline (RG 96). They cannot contact you an unreasonable number of times, mislead you, or use threats or undue pressure. Keep a log of calls, messages and letters — dates, times and what was said — because that record is powerful evidence.

How to act

Give your lender a hardship notice — in writing if you can — and keep a copy.
Propose what you can realistically afford (a pause, reduced payments, or extended term).
If they ignore the 21-day deadline, refuse without reasons, or keep enforcing, lodge a free AFCA complaint.
For collector conduct, include your contact log and ask for the conduct to stop and be addressed.

How FairClaim helps

FairClaim helps you give a clear hardship notice and, if it is ignored or refused, drafts a structured AFCA complaint that points to the right rules — the 21-day response duty and the debt-collection guideline. Free to start.

Check your rights and build your complaint — free to start

Answer guided questions or just describe what happened. FairClaim checks your facts against the relevant law and drafts your complaint.

Start your hardship & debt collection complaint

Frequently asked questions

How do I ask for financial hardship?

You give a “hardship notice” — and it can be in any words. Telling your lender, by phone or in writing, that you cannot meet your repayments and why, is enough to trigger their obligations. Put it in writing if you can and keep a copy.

How long does my lender have to respond?

Under the National Credit Code, a lender must generally respond to a hardship notice within 21 days. Missing that deadline, or refusing a variation without giving reasons, can be raised in an AFCA complaint.

Can a debt collector call me whenever they want?

No. The ASIC/ACCC Debt Collection Guideline (RG 96) sets limits on contact frequency and prohibits misleading, threatening or unduly pressuring conduct. Keep a log of every contact and raise excessive or unfair conduct with AFCA.

Where can I get free help with debt?

The National Debt Helpline (1800 007 007) offers free, independent financial counselling across Australia. AFCA handles disputes with the lender for free.

Related guides

This guide is legal information, not legal advice. It describes general rights under Australian consumer credit law and may not account for the specifics of your situation. For advice about your circumstances, contact a community legal centre, the National Debt Helpline (1800 007 007), or a qualified legal practitioner.