Credit Contracts and Consumer Finance Act 2003

Miscellaneous provisions

132: Provisions relating to assignment of credit contracts, consumer leases, or buy-back transactions

You could also call this:

"Taking over someone's credit contract, lease, or buy-back deal and following the rules"

Illustration for Credit Contracts and Consumer Finance Act 2003

You take over a credit contract, consumer lease, or buy-back transaction from someone else. You get the contract, lease, or transaction with all the rights and problems that come with it. This means you have to deal with any issues the original person had with the contract, lease, or transaction. You still have to follow the rules of the Bills of Exchange Act 1908. This Act has its own set of rules that you need to follow. It applies to your situation, even if you took over the contract, lease, or transaction from someone else. When you take over a credit contract, consumer lease, or buy-back transaction, you have to consider the rights of the person who originally owed the money. They may have had problems with the contract, lease, or transaction that you now need to deal with. You have to honour their rights and follow the rules of the Acts that apply.

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 It might be out of date or be missing some parts.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=DLM213523.

This page was last updated on View changes


Previous

131T: Fees, charges, and costs in connection with this subpart, or

"Paying fees when dealing with the Commission"


Next

132A: Disclosure about debt collection, or

"What you need to know when someone tries to collect a debt from you"

Part 6Miscellaneous provisions

132Provisions relating to assignment of credit contracts, consumer leases, or buy-back transactions

  1. An assignee of a credit contract, a consumer lease, or a buy-back transaction from a creditor, a lessor, or a transferee takes the contract, lease, or transaction subject to all equities and to all rights and remedies under this Act that the debtor, the lessee, or the occupier has or would have against the original creditor, the original lessor, the original transferee, or any subsequent creditor, lessor, or transferee.

  2. This section is subject to the Bills of Exchange Act 1908.

Compare
  • s 42