Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Orders, injunctions, and prohibited enforcement - Prohibited enforcement

99: Enforcement of consumer credit contract prohibited

You could also call this:

"Lenders can't make you pay if they don't give you the right information."

Illustration for Credit Contracts and Consumer Finance Act 2003

If you have a consumer credit contract, the lender must give you some information under section 17 or section 22. Until they do, they cannot make you pay the contract. They also cannot take back the property you bought or make you pay the costs of borrowing. You are not liable for the costs of borrowing if the lender does not follow the rules under section 17 or section 22. This period starts when the lender fails to give you the information and ends when they finally do. However, you may still have to pay some fees or charges as referred to in section 45.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213180.

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"Court can order someone to tell the truth or say sorry publicly"


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99A: Enforcement of rights of repossession, etc, prohibited, or

"Creditors can't take goods back if they didn't follow the rules."

Part 4Enforcement and remedies
Orders, injunctions, and prohibited enforcement: Prohibited enforcement

99Enforcement of consumer credit contract prohibited

  1. If disclosure is required under section 17 or section 22, no person (other than a debtor under the consumer credit contract) may, before that disclosure is made,—

  2. enforce the contract; or
    1. enforce any right to recover property to which the contract relates; or
      1. enforce any right in relation to the costs of borrowing; or
        1. require the debtor or any other person to make a full prepayment or a part prepayment on the basis of a failure by the debtor or other person to pay the costs of borrowing; or
          1. enforce any security interest taken in connection with the contract.
            1. Neither the debtor nor any other person is liable for the costs of borrowing in relation to any period during which the creditor has failed to comply with section 17 or 22.

            2. The period referred to in subsection (1A)—

            3. starts on the date of the failure; and
              1. ends only at the close of the day on which the disclosure under section 17 or 22 is made.
                1. However, subsection (1A) does not apply in relation to fees or charges payable as referred to in section 45 unless the other person, body, or agency referred to in that section is an associated person of the creditor.

                2. This section does not limit any rights that a person has in connection with a bill of exchange.

                Compare
                • s 24
                Notes
                • Section 99(1)(ba): inserted, on , by section 64(1) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                • Section 99(1)(bb): inserted, on , by section 64(1) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                • Section 99(1A): inserted, on , by section 64(2) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                • Section 99(1B): inserted, on , by section 64(2) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                • Section 99(1C): inserted, on , by section 64(2) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).