You engaged a mortgage broker. The loan didn’t settle, the broker disappeared mid-process, the fee was higher than disclosed, or you were billed a clawback or success fee for work that was not delivered. The broker is invoicing or refusing to refund.
The legal context
Mortgage brokers in Australia are regulated by ASIC under the National Consumer Credit Protection Act 2009. Since 1 January 2021, brokers owe a statutory best-interests duty to their clients. Brokers must hold an Australian Credit Licence (or operate as a credit representative), and must comply with disclosure obligations on fees, commissions and conflicts.
The Australian Consumer Law (ACL) applies on top: section 60 (due care and skill), section 61 (fitness for purpose) and section 18 (misleading conduct). The Australian Financial Complaints Authority (AFCA) provides a free external dispute resolution service for consumers in disputes with credit licensees.
Common pushbacks and why they fail
- “Our credit guide disclosed the fee.” Disclosure does not legitimise a fee for a service not delivered.
- “You changed lenders, so the clawback applies.” Clawbacks must be properly disclosed and contractually grounded; many fail review.
- “The lender declined, that is not our problem.” If the broker did not fulfil the engagement, fees may not be earned.
- “You signed the engagement.” Engagement terms cannot exclude statutory duties.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Where should we send it?
The Letter of Demand approach
The Letter of Demand sets out the engagement, the fee, the failure (or breach of best-interests duty), the ACL and NCCP provisions engaged, and a 14-day deadline. It names AFCA and your state tribunal as the escalation path.
What Claim Done delivers
- Broker details, engagement date, fees paid or invoiced
- The specific failure or duty breach
- Citation of ACL sections and NCCP best-interests duty
- Refund or fee write-off claimed
- 14-day deadline with AFCA and tribunal pathway named
- Sent as a PDF for a flat $49
What to expect after
If the broker does not respond within 14 days, the next step is a free AFCA complaint. AFCA decisions up to specified limits are binding on the broker. A small claims tribunal application is also available where the dispute is suitable.
Send a formal Letter of Demand. Done in about 5 minutes.
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What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.