Check a direction to apply a payment across credit contracts
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record whether the debtor is liable to the same credit provider under two or more credit contracts. Record the contracts and the shares named in the debtor's written notice. Record whether the lawyer says the debtor and the provider had already agreed how that payment would be applied. Do not draft the notice and do not apply the money.
- What the lawyer must review
- The lawyer decides whether section 190 applies, whether a prior agreement blocks the direction, and how the payment is to be applied. A failure to follow a valid direction is an offence. Do not quote the penalty.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Record whether the debtor is liable to the same credit provider under two or more credit contracts. Record the contracts and the shares named in the debtor's written notice. Record whether the lawyer says the debtor and the provider had already agreed how that payment would be applied. Do not draft the notice and do not apply the money. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A debtor who is liable to a credit provider under two or more credit contracts may, by written notice, require the provider to apply a payment to one of those contracts or to divide it between them in a specified manner.
- The debtor may not do so if the debtor and the provider have previously agreed how that payment is to be applied.
- A credit provider that contravenes a requirement under the section commits an offence of strict liability. Do not quote the penalty.
- Do not draft the notice. The tool only records a notice the debtor has already given and the agreement, if any, the lawyer marks.
Sources
- National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009) ss 33, 34, 85, 107, 188 and 190 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.