Credit Contracts and Consumer Finance Act 2003

Repossession of consumer goods under consumer credit contract - Rules that apply before repossession

83K: Subsequent complaints

You could also call this:

"What happens when you make another complaint about an enforcement action?"

Illustration for Credit Contracts and Consumer Finance Act 2003

You make a written complaint to the creditor about an enforcement action, which is called the original complaint. You then make another written complaint about an enforcement action, which is called the subsequent complaint. The creditor can still take enforcement action unless certain conditions are met. You make the subsequent complaint at least 4 months after the original complaint. Or, if it's less than 4 months, the creditor agrees to consider it or the reasons are different from the original complaint. The creditor can take action unless it meets these conditions, as stated in section 83J. The creditor's actions depend on when and why you make the subsequent complaint. This rule applies when you have already made a complaint and want to make another one. It helps you understand what happens with your subsequent complaint.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501352.

This page was last updated on 1 January 2026 — View changes

Topics:

Money and consumer rights > Consumer protectionMoney and consumer rights > Debt and bankruptcyCrime and justice > Courts and legal help

83J: Effect of debtor's complaint or application on grounds of unforeseen hardship on creditor's rights to enforce credit contract, or

"What happens to the creditor's rights if you complain about unfair treatment"

83L: Use of disabling device, or

"What happens if a lender uses a device to stop you using something you bought"

Part 3ARepossession of consumer goods under consumer credit contract
Rules that apply before repossession

83KSubsequent complaints

This section applies if—
the debtor makes a written complaint to the creditor in relation to an enforcement action (the original complaint); and
the debtor subsequently makes another written complaint to the creditor in relation to an enforcement action (the subsequent complaint).

The subsequent complaint does not, under section 83J, prevent the creditor or a creditor's agent from taking or continuing enforcement action in relation to consumer goods unless—
the subsequent complaint is made not less than 4 months after the original complaint is made; or
in the case of a subsequent complaint that is made less than 4 months after the original complaint is made,—
1. the creditor agrees to consider the complaint; or
2. the basis or grounds of the subsequent complaint are materially different from the basis or grounds of the original complaint.

Notes

Section 83K: inserted, on 6 June 2015, by section 51 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).