Credit Contracts and Consumer Finance Act 2003

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

83V: Notice to be given to debtor, guarantor, and other creditors after repossession of consumer goods

You could also call this:

"Getting a notice after your things are taken back"

Illustration for Credit Contracts and Consumer Finance Act 2003

You have to get a notice after your things are repossessed. The creditor must give you this notice within 14 days. It must be in writing and have certain information. You need to know what is in the notice. It has to include key information from the Schedule 3B that applies to your credit contract. It also has to have any other information that is required. If the creditor does not give you the notice, they have to pay the costs. They cannot ask you to pay these costs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501383.

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

83VNotice to be given to debtor, guarantor, and other creditors after repossession of consumer goods

  1. A creditor must serve a post-repossession notice on the debtor and every other person referred to in section 83G(1) within 14 days of the repossession.

  2. The post-repossession notice must—

  3. be in writing; and
    1. contain as much of the key information set out in Schedule 3B as is applicable to the relevant credit contract; and
      1. include any additional prescribed information; and
        1. be in the prescribed form (if any).
          1. If a post-repossession notice is not served as required by this subpart,—

          2. the costs of repossessing the consumer goods must be borne by the creditor; and
            1. the creditor is not entitled to recover those costs from the debtor or the guarantor.
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              Notes
              • Section 83V: inserted, on , by section 51 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).