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My debt is out of control

How to stop the cycle and start a plan

Thousands of Australians resolve serious debt situations every year, many with debts larger than yours. There are formal hardship protections in Australian law, free professional help through the National Debt Helpline, and options most people don't know about. Here's how to start.

Need to talk to someone? 1800 007 007 — National Debt Helpline, free and confidential.

Where are you?

Your state

We'll show you local numbers, services, and rights specific to your state.

What to do now

Check off each step as you go. Your progress is saved.

1

Stop borrowing

Today

The first step is to stop the cycle. No new credit cards, no payday loans, no borrowing from friends. If you're using credit to pay credit, it's time to break the pattern. Cut up the cards if you need to — you can always get new ones later.

2

List every debt you owe

Today

Write down every debt: who you owe, how much, the interest rate, and the minimum payment. Include everything — credit cards, personal loans, buy now pay later, money owed to family, car finance, everything. You can't make a plan until you see the full picture.

3

Call the National Debt Helpline

Today

Call 1800 007 007 and speak to a free financial counsellor. They see situations like yours every day. They can talk through your options, help you apply for hardship programs, coach you on what to say to creditors, and refer you to a face-to-face financial counsellor who can negotiate on your behalf. This call is the single most important thing you can do.

4

Know your debt collector rights

Read now

If debt collectors are calling, know this: they cannot harass you, they can only call at certain times, you can request communication in writing only, and you can dispute the debt. See the debt collector rights section below. You have more power than you think.

5

Apply for hardship on every regulated debt

This week

Banks, credit cards, personal loans, energy, phone: all must consider a hardship request and respond. Call each one and ask for hardship assistance. They may pause repayments, reduce interest, waive fees, or extend terms. You have a legal right to ask, and they must genuinely consider your request.

6

Check for statute-barred debts

Ask your financial counsellor

Some old debts may be 'statute-barred' — meaning the creditor can no longer take you to court. In most states, the limitation period is 6 years from the last payment or written acknowledgment. A financial counsellor can check this for you. Warning: making a payment on a statute-barred debt can restart the clock.

7

Consider formal options (if needed)

After speaking to a counsellor

For serious debt, there are formal options: a Debt Agreement (Part IX) lets you pay back a portion of your debts over time. Bankruptcy is a last resort but gives you a fresh start. A financial counsellor will help you understand if either is right for your situation — never make these decisions alone.

Free tool

Hardship Helper

Create a clear, professional hardship letter you can send to your bank, energy, water, telco, the ATO, or your insurer, plus a step-by-step action plan with phone numbers and scripts.

Generate your letters
The full guide

Your rights, who to call, and free services — everything in one place.

Your rights

Credit & loan rights

Right to apply for hardship variation

You can apply for a hardship variation on any loan, credit card, car finance, or mortgage. Since June 2025, buy now pay later services like Afterpay and Zip are also covered. Call your lender's hardship team (not general customer service) and tell them you're experiencing financial hardship and would like to discuss your options.

21-day response requirement

Your lender must respond to your hardship notice within 21 days. If they need more information, they must request it within 21 days, then respond within 21 days of receiving it. NAB was fined $15.5 million in 2025 for failing to respond to 345 hardship customers — this law is enforced.

Genuine consideration

Your lender can't just rubber-stamp a rejection. They must genuinely assess your situation, consider what you can afford, and offer alternatives. Common options include: reduced repayments, repayment pause (3-6 months), interest rate freeze, fee waivers, or extending the loan term.

No enforcement during assessment

If you give your lender a hardship notice, they cannot START court enforcement until they have given you a written decision saying you have not agreed, and 14 days have passed since that notice. They can still send a default notice in the meantime, and can still take mortgaged goods if they reasonably believe you are disposing of them or urgent action is needed to protect them. The protection does not apply if you gave a hardship notice on materially the same basis in the previous four months. Ask them, in writing, to pause collection activity while they assess it.

Hardship does not hurt your credit score

When you enter a hardship arrangement, a note appears on your credit report — but it cannot be used to calculate your credit score, and it's removed 12 months after the arrangement ends. A default listing, on the other hand, stays for 5 years and seriously damages your ability to borrow. Asking for help early is one of the best ways to avoid a default.

Options they must consider

Lenders should consider: extending the loan term, reducing or deferring repayments, pausing interest, waiving fees, or restructuring the debt. In severe cases, partial debt write-off may be offered. Fee waivers and reduced repayments are the most common forms of assistance.

Free complaint to AFCA

If your lender refuses your hardship request or offers inadequate help, you can lodge a free complaint with the Australian Financial Complaints Authority. AFCA can order the lender to vary your contract, refund fees, reverse interest charges, and award compensation up to $631,500 for direct loss.

Debt collector rules

They must identify themselves

Debt collectors must tell you who they are, who they're collecting for, and the amount owed. They must also confirm the debt is actually yours.

No harassment or intimidation

Collectors cannot use threats, aggressive language, or intimidation. They cannot imply criminal consequences for unpaid debt (most debts are civil, not criminal).

Limits on contact frequency

Collectors cannot contact you excessively. Generally: max 3 phone calls per week, max 10 per month. No calls before 7:30am or after 9pm on weekdays, before 9am or after 9pm on weekends, and none on national public holidays.

Right to request written communication only

You can tell a collector you only want to communicate in writing. This gives you time to think, get advice, and have a paper trail.

No contact at work (if requested)

You can tell a collector not to contact you at your workplace. If you tell them to stop, they must stop.

Right to dispute the debt

You can ask the collector to verify the debt — prove it's yours, prove the amount, and prove they have authority to collect it. They must pause collection while verifying.

Statute-barred debts

Debts have a limitation period (typically 6 years in most states). After this period, the creditor cannot take you to court — though they may still contact you. Making a payment or acknowledging the debt can restart the clock.

Complaint to AFCA or ACCC

If a debt collector breaches these rules, you can complain to AFCA (for financial services debts) or the ACCC. You can also complain to your state's fair trading body.

Who to call

Tap any number to call directly. Tell them you're experiencing financial hardship.

Banks & lenders

Commonwealth Bank (CBA)

1300 720 814

What to say: Ask for 'financial assistance'. They can defer loan repayments, reduce credit card minimums, pause fees, and restructure debt.

Your right: CBA must consider your hardship request and respond, generally within about 21 days.

Westpac

1800 067 497

What to say: Ask for 'financial hardship assistance'. Options include loan deferrals, reduced repayments, and fee waivers.

Your right: Must respond to hardship applications within 21 days and offer genuine alternatives if they decline.

ANZ

1800 351 548

What to say: Ask for 'financial difficulty support'. They can pause repayments, extend loan terms, and waive fees.

Your right: Must respond within 21 days. If they refuse, you can escalate to AFCA for free.

NAB

1800 701 599

What to say: Ask for 'NAB Assist'. They offer payment pauses, reduced repayments, and restructured loans.

Your right: Must assess your situation and respond, generally within about 21 days.

Macquarie Bank

02 8550 5686

What to say: Ask for 'financial hardship assistance'. Options vary by product type.

Your right: Must respond to hardship notices within 21 days.

ING

1300 349 166

What to say: Ask for 'financial hardship support'. They can defer home loan repayments and adjust personal loan terms.

Your right: Must genuinely consider your hardship request and respond within 21 days.

Energy providers

AGL

131 245

What to say: Ask for the 'Staying Connected' hardship program. They must work with you on a payment arrangement you can afford.

Your right: Under the National Energy Retail Law, AGL must not disconnect you while you're on a hardship plan and meeting your obligations.

Origin Energy

13 24 61

What to say: Ask for the 'Power On' hardship program. Request a payment plan, energy audit, and concession check.

Your right: Origin must work with you on payment options, including direct Centrepay billing, and cannot disconnect you while you are keeping to an agreed payment plan (in NSW, QLD, SA, TAS and the ACT). Talking to the hardship team is not itself a protection — get the plan agreed.

EnergyAustralia

1800 558 643

What to say: Ask for the 'EnergyAssist' hardship program. They can offer payment plans, debt waivers, and usage reduction support.

Your right: EnergyAustralia must assess your capacity to pay and set affordable repayment amounts.

Alinta Energy

1300 282 613

What to say: Ask for their hardship program. Request a payment plan that matches your income cycle.

Your right: Must work with you on flexible payment options and not disconnect while you're on the hardship program.

Red Energy

1800 723 749

What to say: Ask for their hardship assistance. They can reduce payments and set up Centrepay deductions.

Your right: Must work with you on a manageable payment arrangement.

Phone & internet

Telstra

13 22 00

What to say: Ask for 'financial hardship assistance'. They can offer payment extensions, spend controls, and switching to a cheaper plan with no break fees.

Your right: Telstra must consider your hardship request and work with you on a payment arrangement, and must not disconnect while you're engaging in good faith.

Optus

1300 308 839

What to say: Ask for 'financial hardship support'. Options include payment plans, spend management tools, and plan downgrades.

Your right: Must consider your hardship request and work with you on a payment arrangement before taking any restriction or disconnection action.

Vodafone / TPG

1800 185 289

What to say: Ask for 'financial hardship help'. They can set up a payment plan, reduce your plan cost, or apply credits.

Your right: Must work with you on an affordable payment arrangement before disconnection.

iiNet

13 22 58

What to say: Ask for 'financial hardship assistance'. They can defer payments and adjust plan costs.

Your right: Must consider your hardship request and work with you on a payment arrangement.

Free services and support

These organisations provide free, professional help. Tap any number to call.

See services near you — select your state above to show local services alongside national ones.

Financial counselling

National Debt Helpline

Free, independent, and confidential financial counselling. Call to speak to a qualified financial counsellor.

1800 007 007Website
Mon-Fri 9:30am-4:30pm (local time)Anyone with debt or financial difficulty

Financial Counselling Australia

Peak body for financial counsellors — find a financial counsellor near you via their directory

1800 007 007Website
Mon-Fri 9:30am-4:30pmAnyone seeking free financial counselling

Salvation Army Moneycare

Free financial counselling including budgeting, debt management, and Centrelink appeals

1800 722 363Website
Mon-Fri 9am-5pmAnyone in financial difficulty

Good Shepherd Microfinance

No or low-interest loans for essentials like fridges, washing machines, cars, and education

13 NILS (13 64 57)Website
Mon-Fri 9am-5pmPeople on low incomes with a Health Care Card or Pensioner Concession Card

Financial Rights Legal Centre

Free legal advice on banking, insurance, debt, and financial services disputes

1800 007 007Website
Mon-Fri 9:30am-4:30pmAnyone with a financial services dispute or issue

Legal help

Financial Rights Legal Centre

Free legal advice on banking, insurance, credit, and debt issues. Specialist in financial services disputes.

1800 007 007Website
Mon-Fri 9:30am-4:30pmAnyone with a financial services legal issue

Looking for more? Browse the full service directory

Common questions

Generally, no — not without a court order. A debt collector cannot seize your home just because you owe money. They would need to sue you, obtain a judgment, then apply to the court for an enforcement order. Even then, courts are reluctant to force the sale of a family home for unsecured debts like credit cards. Secured debts (like your mortgage) are different — the lender has a registered interest in the property and can repossess after following the required default process. If you're worried, call the National Debt Helpline on 1800 007 007.
Most unsecured debts become 'statute-barred' after 6 years from your last payment or written acknowledgment (3 years in the NT and SA for some debts). Once statute-barred, the creditor can no longer take you to court to recover the debt — but the debt still technically exists and can still appear on your credit report for up to 7 years. Important: making even a small payment or acknowledging the debt in writing can restart the limitation clock. A financial counsellor can check whether any of your debts are statute-barred.
A hardship variation is a change to the terms of your loan or credit contract because you're experiencing financial difficulty. You have a legal right to apply for one on any regulated credit product: credit cards, personal loans, car finance, mortgages. Your lender must respond, generally within about 21 days, and genuinely consider options like reducing repayments, pausing interest, waiving fees, extending the loan term, or restructuring the debt. They don't have to say yes, but they must consider your request. If they refuse unreasonably, you can complain to the Australian Financial Complaints Authority (AFCA).
No. You cannot go to jail for failing to pay a debt in Australia. Unpaid debts are a civil matter, not a criminal one. If a debt collector implies otherwise, they are breaking the law — the ACCC/ASIC Debt Collection Guideline prohibits collectors from threatening criminal consequences. The only exception is deliberately fraudulent behaviour (taking out credit with no intention to repay), which is extremely rare and requires separate criminal prosecution. If anyone threatens you with jail over a debt, report them to ASIC.
A Debt Agreement (Part IX) lets you repay a portion of your unsecured debts over 3-5 years, usually at a reduced amount. You keep your assets but must meet income and debt thresholds. Bankruptcy is a more serious step — most unsecured debts are written off, but you may lose assets like property or vehicles above certain thresholds, and it stays on your credit file for 5 years from the date you became bankrupt, or 2 years from when the bankruptcy ends, whichever is later — and your name stays on the National Personal Insolvency Index, a public register, permanently. Both are formal insolvency processes administered by AFSA. Never enter either without speaking to a free financial counsellor first — call 1800 007 007.
Call the National Debt Helpline on 1800 007 007 (weekdays 9:30am-4:30pm). You'll speak to a qualified financial counsellor, not a salesperson or debt management company. They can explain your options (debt agreements, bankruptcy), help you apply for hardship programs, check if debts are statute-barred, coach you on what to say to creditors, and refer you to a face-to-face financial counsellor who can negotiate on your behalf or to legal help if needed. It's completely free, independent, and confidential. You can also use TEKVA's free Hardship Helper to create a clear, professional hardship letter you can send to your provider.
If you stop paying, your creditor will typically send reminder notices, then a default notice (giving you 30 days to catch up). After that, the debt may be referred to a debt collector or sold to a debt buyer. Your credit score will be affected and the default will stay on your credit report for 5 years. The creditor can also take legal action through the courts. However, you have rights throughout this process — and there are almost always better options than simply ignoring the problem. A free financial counsellor can help you negotiate reduced repayments, hardship arrangements, or formal debt resolution.
Start by calling your bank's hardship team. You have a legal right to request a hardship variation, and the bank must consider it and respond. Banks may reduce your interest rate, pause repayments, waive fees, or restructure your debt. If you have multiple credit cards, a face-to-face financial counsellor can help you prioritise (highest interest first) and negotiate with all your creditors at once. Call the National Debt Helpline on 1800 007 007, or use TEKVA's free Hardship Helper to create a hardship letter for each bank.

Last updated: 13 March 2026. This guide is for general information only and is not financial or legal advice. For personalised help, call the National Debt Helpline on 1800 007 007.

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