Bankwest irresponsible and CBA unconscionable, Joint Committee finds
Some facets of lender conduct central to borrower discontent with Commonwealth Bank's post 2008 management of Bankwest found their way into the report of the Parliamentary Joint Committee on Corporations and Financial Services last week.On Bankwest, the Joint Committee wrote: "It is likely that irresponsible lending was the primary or significant cause of loan failure in a number of cases."However, it continued, "the committee considers that the manner in which the banks [CBA and Bankwest] facilitated the defaulting of loans, and the subsequent treatment of customers, was in many cases unconscionable."The committee said it was "able to determine that there has been—albeit in a minority of cases—a persistent pattern of abuse of the almost complete asymmetry of power in the relationship between lender and borrower."It placed particular weight on controversies around valuations of security property, proposing that regulators "require banks to ensure that the valuation instructions do not change during the term of the loan … and that businesses are valued as the market value of a going concern."?Borrowers might also end up with new rights to internal bank assessments.