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Charging for Centrepay - They say NO - I say YES read this letter:   14 replies   9 voices
rwnarrabri Kylie Hogan on Dec 6, 2011 1:29pm
Property Manager  Ray White Narrabri  Narrabri  NSW
 

We have all been told we can not charge the .99c that centrepay imposes on us to our tenants.  I had a good read of the terms and conditions, and I believe we can.  Centrepay is the only direct deduction company of its kind that I know of, and the term suggests that if we charge Centrpay clients, we have to charge the same to all.  All can be one and only as far as I am concerned.

I have drafted this letter to send off to Centrepay.  Any comments or inclusions that you can think of?

Dear Sir,

I am writing in regards to the Schedule 1 of the Centrepay Terms and Conditions, namely Section 5

Transaction Fees Payable by Participant

To quote the section it reads: (5.3 © (ii))

The Participant must not:

Impose or charge an additional charge or fee on the Customer in addition to the price of the goods and services supplied or to be supplied to the Customer, because the Customer has chosen to pay for those goods or services using Centrepay. (unless the Participant imposes that same charge or fee on the use of all direct deduction facilities)

In definition, a direct deduction facility is a facility that would be the action of deducting money from a source of income or pay before the said money has been issued to the Customer. 

In our research this would include – Direct deductions from Centrepay.  Direct deductions from wages/ and or other benefits.  These deductions would be initiated by the Customer through services such as Centrepay.

In reading your Terms and Conditions this means that all direct deduction facilities can be charged to the Customer as long as it is at the same rate.

On calling the Centrepay information line.  I spoke to a man 3 times.  I believe his name is Graeme.  This gentleman insisted that under no circumstances were we allowed to charge back to the tenants any fees for using a direct deduction facility.  He then went on to say that any tenant who pays us directly into our bank account would have to be charged the same fee that would be incurred on a centrepay Customer.  I do not read this to be legally so.  If a Customer choses to Direct CREDIT our account, there is no deduction being made directly from his wages or benefit.  The money has already been paid to him, and he then chooses to credit our account.  Our belief is that from a legal point of view, a tenant paying this way is not defined as a direct deduction.  As far as we are aware, Centrepay is the only direct deduction facility of its kind and therefore the only one available for us to impose a fee to.

Under this ideal.  We are now going to charge all tenants using direct deduction via Centrepay.

We will not be charging tenants who choose to direct credit to our bank account. (Please do not infer that we direct debit any Customers – that is not the scenario)

Please find following a definition of the word “Deduction” as defined by the dictionary.

noun

[mass noun]

  • 1 the action of deducting or subtracting something:the dividend will be paid without deduction of tax
  • [count noun] an amount that is or may be deducted from something, especially from taxable income or tax to be paid:

 

 

Kylie Hogan

therentalman Ian Morrison on Dec 6, 2011 2:38pm
 

Kylie, I applaud your application and wish you well in the endeavour. Will be interested to see how you get on. I would also just begin charging the tenants by simply explaining that if you don’t get the 99c from them, they will obviously fall behind on the calendar payment schedule. We do this in advising prospective tenants as to why we don’t allow CentrePay.. but with our B-pay system they can set up direct credit from their account to ours, and they are very pleased to do that.

But all of this is why we DON’T do CentrePay.. we are not here to subsidise Government programs.

Await your outcome.

Ian

Sarah Sarah Dencio on Dec 7, 2011 1:09pm
Property Department Manager  Munn Partners Real Estate  Melbourne  Victoria
 

That .99c is the whole reason I don’t use centrepay. It would be fantastic BUT if I have 100 tenants paying twice a month (fortnightly payments) and our agency is being charged for it………. yup – not happening.

Amber Amber Primus on Dec 14, 2011 4:31pm
Director  Primus Realty  South Perth  Western Australia
 

In WA our Exclusive Authority provides that the owner pays the shortfall of $0.99 …

However I don’t have any tenants paying via Centrepay and find that no Landlords want to sign off on this fee either.

lisajohnson Lisa Johnson on Dec 14, 2011 7:18pm
Property Investment Manager  Connection Realty  Albany  WA
 

Very good point Kylie. It is good to see someone arguing with the government. Please let us all know how you go and what response you get.

ThePMDoctor Rachael Jenkins on Dec 17, 2011 12:51pm
Rent Roll Analyst/Consultancy/PM Independant Contractor  The Property Management Doctor  Tamworth  NSW
 

I love this letter & look forward to hearing the outcome.

The last office I worked for allowed for Centapay to be used on approval for the landlord as they would have to wear the 99c fee, not the agency. Due to the almost guarantee of their rent being paid regularly, the landlords were happy for this to happen.

rwnarrabri Kylie Hogan on Dec 19, 2011 8:36am
Property Manager  Ray White Narrabri  Narrabri  NSW
 

Well it has not been productive so far… this is the reply I get… Basically they keep sending me back the information I provided in the first instance!!!

Remember to read from the bottom up as it is cut and paste from emails.  The person seding these emails is the same person who I referred to in the first email I sent.  He told me he would send on to the legal team, and of course didnt. So I had to ask again.  Notice that nobody says “yes you are correct” or “no that is not correct”  They are just quoting what it says.  I bloody know what it says! I want it clarified that my interpretation is right!!  I am always up for a challenge.  Maybe if everyone on apmasphere starts sending him similar emails, we may get a response?  Anyone up to spending 5 mins on this??

Kylie

 

Graham,

So I am correct in assuming that we can and will not be penalised if we charge a fee to any clients that we have that use centrepay, direct debit (not direct credit) and Bpay?

 

Kylie Hogan

Ray White Narrabri

 

 

Good morning Kylie

please see below the reply I have received

"Organisations participating in Centrepay are charged a transaction fee in respect of each deduction.  Participating organisations are not permitted to pass this fee on to the customer.  This requirement is covered under clause 5.3 of the Schedule 1 to the Centrelink Business Terms & Conditions.  Under clause 5.3, the Participant must not:
(i) pass on the Transaction Fee to any customer; or
(ii) impose any additional charge or fee on the customer, because the customer has chosen to pay for those goods or services using Centrepay (unless the Participant imposes that same charge or fee on the use of all direct deduction facilities).  

Please note in relation to this clause, direct deduction facilities include other methods of electronic payment (i.e. Bpay, Direct Debit etc.)."

regards
Graham 
         
Senior Account Manager                                
Dept of Human Services,
Centrelink Deduction and Confirmation Services





Graham,
Please pass my email onto your legal team, as you do not seem to grasp the concept of what I am trying to convey.  From the phone call I had with you, this is what I was led to believe was going to happen.

To quote the section it reads: (5.3 © (ii))

The Participant must not:

Impose or charge an additional charge or fee on the Customer in addition to the price of the goods and services supplied or to be supplied to the Customer, because the Customer has chosen to pay for those goods or services using Centrepay
(unless the Participant imposes that same charge or fee on the use of all direct deduction facilities)
 
Kylie Hogan
Ray White Narrabri
Asset Manager 
 



Good morning Ms Hogan


the relevant part of the Centrepay agreement regarding the passing the Centrepay transaction fee is Schedule 1 Centrepay terms and conditions, Section 5.
5.3 © (ii) states


“The participant must not pass on the Transaction Fee to any customer”


regards

Graham


Graham Forsyth                
Senior Account Manager                                
Dept of Human Services,
Centrelink Deduction and Confirmation Services
 





Dear Sir,

I am writing in regards to the Schedule 1 of the Centrepay Terms and Conditions, namely Section 5
Transaction Fees Payable by Participant

To quote the section it reads: (5.3 © (ii))

The Participant must not:

Impose or charge an additional charge or fee on the Customer in addition to the price of the goods and services supplied or to be supplied to the Customer, because the Customer has chosen to pay for those goods or services using Centrepay
(unless the Participant imposes that same charge or fee on the use of all direct deduction facilities)
In definition, a direct deduction facility is a facility that would be the action of deducting money from a source of income or pay before the said money has been issued to the Customer.  

In our research this would include – Direct deductions from Centrepay.  Direct deductions from wages/ and or other benefits.  These deductions would be initiated by the Customer through services such as Centrepay.

In reading your Terms and Conditions this means that all direct deduction facilities can be charged to the Customer as long as it is at the same rate.

On calling the Centrepay information line.  I spoke to a man 3 times.  I believe his name is Graeme.  This gentleman insisted that under no circumstances were we allowed to charge back to the tenants any fees for using a direct deduction facility.  He then went on to say that any tenant who pays us directly into our bank account would have to be charged the same fee that would be incurred on a centrepay Customer.  I do not read this to be legally so.  If a Customer choses to Direct CREDIT our account, there is no deduction being made directly from his wages or benefit.  The money has already been paid to him, and he then chooses to credit our account.  Our belief is that from a legal point of view, a tenant paying this way is not defined as a direct deduction.  As far as we are aware, Centrepay is the only direct deduction facility of its kind and therefore the only one available for us to impose a fee to.

With this understanding, it appears we can charge all tenants using the direct deduction from Centrepay as it is our only direct deduction service.

We will not be charging tenants who choose to direct credit to our bank account. (Please do not infer that we direct debit any Customers – that is not the scenario)

Please find following a definition of the word “Deduction” as defined by the dictionary.

noun

[mass noun]

  • 1 the action of deducting or subtracting something:the dividend will be paid without deduction of tax
  • [count noun] an amount that is or may be deducted from something, especially from taxable income or tax to be paid:

 
We look forward to hearing your thoughts on this.

 
 
Kylie Hogan

Ray White Narrabri

rentals_keira Keira Biddle on Dec 19, 2011 1:15pm
Property Manager  Burke & Smyth  TAMWORTH  NSW
 

Good to see you fighting the system Kylie! best of luck and I will watch this space avidly!

Zeon_Roderique Zeon Roderique on Dec 20, 2011 3:13pm
Property Manager  Beachmere Rentals 
 

FIGHT THE MAN!!!

Love it. This Is why I hated using centrepay. Maybe we should do a petition. I’m sure every property manager who has dealt with this will be willing to sign.

tlcrealestatedeni Trent Lloyd on Dec 21, 2011 8:59am
Principal  TLC Real Estate  Deniliquin  NSW
 

Kylie I love this!!!!

 

I also love that you are showing up the senior account manager, that doesnt seem to understand his own legislation!!

 

Power to the people…..or the agents atleast!!!

Keep up the fight!

 

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