Commission queries Harmoney fee
In another regulatory blow for New Zealand peer-to-peer personal lender Harmoney, the Commerce Commission has asked the Auckland High Court for a ruling on whether Harmoney's 'platform fee' is a credit fee under the Credit Contract and Consumer Finance Act.Harmoney has added a 'platform fee' to borrower's loans since it launched in May 2014, but has maintained it was not a credit fee and therefore not subject to the Act's requirement that it only cover the lender's transaction-specific costs. Harmoney started charging a flat amount rather than a percentage of the loan from December 2015 after the Commission investigated the fee."The Commission is asking the Court a number of legal questions and it expects that the answers will provide more clarity about how consumer credit laws apply to loans offered by Harmoney and other peer-to-peer lenders," the Commission said.Harmoney, which is partly owned by Trade Me and Heartland Bank along with management and private investors, has already said it would plead guilty to separate charges under the Fair Trading for misleading consumers into believing they had been pre-approved a loan. Fines have yet to be decided in the case. Harmoney reported a loss of NZ$14.2 million on revenues of NZ$8.6 million in the year March 31. Harmoney Chief Executive and Founder Neil Roberts said he was disappointed by the Commission's decision as Harmoney had consulted with the regulator before launching.