Credit Contracts and Consumer Finance Act 2003

Consumer credit contracts - Debtor's right to cancel

30: Effect of cancellation

You could also call this:

"What happens when your credit contract is cancelled"

Illustration for Credit Contracts and Consumer Finance Act 2003

If your consumer credit contract is cancelled under section 27(1)(b), the rules are that the contract stops and you are no longer bound by it. The creditor must return any property they have and release any security interest. They must also work out how much you owe them and how much they owe you. You will either pay them the difference or they will pay you, depending on the calculation. When working out the amounts, the creditor must not include interest charges or fees that you do not have to pay. If you have already paid interest or fees that you do not have to pay, the creditor must pay you back. If someone guaranteed your contract, they will not have to pay interest or fees either, unless it is for something they are responsible for. The creditor must also pay back any interest or fees they have already received from the guarantor that the guarantor does not have to pay.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM212774.

This page was last updated on View changes


Previous

29: Right of cancellation does not apply in certain situations, or

"Some credit contracts can't be cancelled, even if there's a problem."


Next

31: Effect of credit sale cancellation, or

"What happens when you cancel a credit sale"

Part 2Consumer credit contracts
Debtor's right to cancel

30Effect of cancellation

  1. If a consumer credit contract is cancelled under section 27(1)(b), the following rules apply:

  2. the rights and obligations of the parties under the contract cease; and
    1. the creditor must, as soon as is reasonably practicable,—
      1. return any property that the creditor has received under the contract to the party from whom it was received; and
        1. release every security interest taken in connection with the contract, other than any part of a security interest that—
          1. relates to obligations of the debtor or guarantor that are not directly related to the contract; and
            1. is capable of being enforced despite paragraph (a); and
          2. the creditor must calculate—
            1. the amounts due to the creditor; and
              1. the amounts due to the debtor; and
              2. the difference between the amounts calculated in accordance with paragraph (c) must be paid by the creditor to the debtor, or by the debtor to the creditor, as the case may be.
                1. The calculation under subsection (1)(c) must be made on the basis that—

                2. no debtor under the contract is liable to pay any part of the interest charges, fees, or charges provided for in the contract other than—
                  1. interest charges on the unpaid balance for the period during which the credit was provided (at the same rate that would have been payable over that period if the contract had not been cancelled); and
                    1. any reasonable expenses necessarily incurred by the creditor in connection with the contract and the cancellation of the contract; and
                      1. if property is returned to a creditor that has been damaged while in the possession of a debtor, the cost of repairing the damage; and
                      2. if the debtor has already paid any interest charges, fees, or charges provided for in the contract that the debtor is not liable to pay under paragraph (a), the amount paid is due to the debtor under subsection (1)(c)(ii).
                        1. In addition, if a consumer credit contract is cancelled under section 27(1)(b),—

                        2. no guarantor under the contract is liable to pay any part of the interest charges, fees, or charges provided for in the contract other than the interest charges, expenses, or costs referred to in subsection (2)(a)(i) to (iii) (if those amounts are payable under the guarantee); and
                          1. the creditor must repay any interest charges, fees, or charges already received by the creditor from the guarantor that the guarantor is not liable to pay under paragraph (a).
                            Notes
                            • Section 30: replaced, on , by section 24 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).