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Exploring France’s Champagne region recently after an Australian friend was married there, I was reminded of the effect that Napoleon had on the common people of France. On many street corners, statues, plaques, and memorials mark the sites of victorious battles and landings as Napoleon’s army successfully moved through Europe.
The slogan arising from Napoleon’s campaign – “Liberty, Equality, Fraternity” – in the recent celebrations marking the 200-year anniversary of Napoleon’s conquests remind us all of the struggle the French people endured for these values.
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The circumstances that led to the meteoric rise of Napoleon were chaotic laws that led to widespread injustice, which particularly impacted the poor. There was also the high cost of food which left common people starving. And there was no religious freedom – no freedom to choose what to believe.
Napoleon created change for the French people by introducing the Napoleonic Code, based on Roman (Justinian) law, which created a stable legal system that focused on justice and fairness in disputes for all classes of people. Napoleon also reduced the price of basic food, which meant the poor no longer starved. And he introduced religious freedom, releasing the people from centuries of religious intolerance.
When all these burdens were lifted from the people, something miraculous happened. The entire country began to rise. The economy improved. People felt safe and behaved in ways that reflected that safety, and the appeal of revolution dissipated because the people were no longer hungry. France entered a golden age which more or less continues until today.
Burdens, like those experienced by the common people of France prior to Napoleon, can cripple the economy of a nation. And the release from these burdens can make an economy rise.
In Australia, we hold dear the same values of liberty, equality and fraternity as the French do. We have a rule of law that respects justice, and we have freedom of religion. And having worked here and in the UK assisting people who have a poor credit history, those who are stopped from entering the world of finance, or are charged more to do so, our laws exist to protect against injustices, including the incorrect listing of negative information on credit reports.
As in France, these laws were created to ensure that unfair burdens were not placed on people (more often the vulnerable and poor), and adherence to these laws keep our economy strong and growing, as the community feels safe in the knowledge that there is justice in our financial system.
After practising credit advocacy for seven years and not leaving a stone unturned when investigating whether a client has been fairly listed or not, our financial system is not a perfect one, but it does uphold justice, and this means that incorrect information on credit files must be erased. And this is important work because the burden of incorrect information can cripple an economy, stopping thousands of good people from doing business, from investing, buying houses and generally engaging in a full and free financial life. The burden runs deep and wide.
Our clients are mostly referred by brokers Australia-wide and come to see you because they are ready and willing to enter the financial system. They have an income stream, they have a deposit, they have a dream and a willingness to fully engage. But does a client’s readiness and willingness coincide with your ability to assist a credit-impaired client in a way that is just and fair, ensuring they are not burdened by higher interest rates and fees, or delays in entering the financial system when there is simply no justification for this?
Being ‘able’ for your client means placing them into the correct finance deal – a deal that suits their circumstances, that will not create further burdens down the track, that gives them a fair go and creates a strong economy. The credit reporting laws in Australia exist to ensure that unfair listings are erased, so it is important to make your client aware of their rights, and that there are avenues to investigate and erase incorrect information at the moment they realise they have a problem and seek your advice.
Dr Merrilyn Mansfield, consumer advocate, Princeville Credit Advocates
Dr Merrilyn Mansfield is a consumer advocate with Princeville Credit Advocates, and a theologian and historian. She is currently studying law. Dr Mansfield is fascinated with the credit reporting laws in Australia and the UK and works in both countries to implement these laws for the benefit of credit-impaired consumers and companies. Please call the Princeville team on 1300 936 363 or inquire at www.wemend.com.au for confidential assistance.
