How to lodge a credit complaint with AFCA (credit ombudsman)
Since 1 November 2018, all credit and finance disputes in Australia go to AFCA — the single external dispute resolution scheme. Lodge a complaint at afca.org.au after first giving the credit provider 30 days to respond under the internal dispute resolution process required by ASIC Regulatory Guide 271.
The framework
Corporations Act 2001 (Cth); ASIC Act 2001 (Cth); National Consumer Credit Protection Act 2009 (Cth); ASIC Regulatory Guide 267 and Regulatory Guide 271; AFCA Rules and Operational Guidelines.
The process
Confirm the lender is an AFCA member
All Australian credit licensees must be AFCA members under section 47 of the NCCP Act. Check at afca.org.au/members.
Complete Internal Dispute Resolution (IDR) first
Under ASIC RG 271, complaints must first go to the provider's IDR process. The provider has 30 calendar days (45 for hardship disputes) to respond.
Gather documents
Collect the loan contract, hardship correspondence, statements, notices of default, credit reports, and communication with the lender.
Identify the issue
AFCA can consider responsible lending, hardship relief, unauthorised transactions, chargebacks, unconscionable conduct, privacy breaches, and mortgage stress.
Check AFCA jurisdiction and monetary limits
AFCA can consider credit facilities up to $2 million and may award compensation up to $1,085,000 per claim (indexed under the AFCA Rules). Small business and primary production limits are higher.
Lodge the complaint online
Lodge via the AFCA online complaint form, by phone (1800 931 678), or post. Time limits typically run six years from becoming aware of the loss, or two years from IDR response for banking matters.
Registration and referral back
AFCA registers the complaint and notifies the provider. Most providers have a further 21 days to respond before full AFCA investigation.
Negotiation and conciliation
AFCA encourages negotiation and may offer telephone conciliation. Many disputes resolve at this stage with repayment arrangements, waivers, or compensation.
Preliminary assessment and determination
Unresolved matters progress to a case manager preliminary assessment, then a binding Determination by an AFCA decision-maker. Determinations binding on the provider (if accepted by the complainant) are enforceable as contract under the AFCA Rules.
Judicial review and alternative pathways
AFCA Determinations are not appealable on the merits. Judicial review is limited to jurisdictional error. Consumers who reject the Determination retain court rights, subject to limitation periods.
Common mistakes
- Skipping the IDR stage required by ASIC RG 271
- Lodging outside AFCA time limits without providing reasons
- Failing to separate issues (for example combining responsible lending and hardship without evidence)
- Expecting AFCA to vary a mortgage beyond its compensation cap
- Not preserving rights to sue if the Determination is rejected
Get this process right with Quillio
Quillio can draft an AFCA complaint with evidence bundle, map claim types to AFCA jurisdiction and caps, and prepare hardship variation submissions under the NCCP Act. See /practice-areas/commercial-lawyers.
General information only, not legal advice. Limitation and loss calculation are technical. Seek financial counselling or legal advice before lodging.
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