Credit Contracts and Consumer Finance Act 2003

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

83ZB: Debtor’s right to reinstate credit contract

You could also call this:

"Paying to get your credit contract back after repossession"

Illustration for Credit Contracts and Consumer Finance Act 2003

You can reinstate your credit contract after the creditor has repossessed the goods. You do this by paying the amount required to reinstate the contract or performing any accrued obligations. The amount required to reinstate the contract includes unpaid amounts, interest charges, and the creditor's reasonable costs. You need to pay the creditor the amount required to reinstate the contract before they sell the goods. This amount includes any unpaid payments, interest, and fees, as well as the creditor's costs for repossessing and storing the goods. The creditor's costs are subject to subpart 6 of Part 2 and section 45. The creditor's costs and your unpaid amounts must be reasonable and follow the rules. You can reinstate the contract at any time before the creditor sells the goods. This means you can get back on track with your payments and keep your goods.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501389.

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

83ZBDebtor’s right to reinstate credit contract

  1. The debtor may, at any time after the creditor has repossessed the consumer goods and at any time before the creditor sells or agrees to sell the consumer goods in accordance with this subpart, reinstate the credit contract by—

  2. paying to the creditor the amount required to reinstate the contract; or
    1. if the contract secures the performance of an obligation other than the payment of money, performing any accrued obligations.
      1. In this section,—

        accrued obligations means any obligations that have fallen due for performance under the credit contract and that have not been performed

          amount required to reinstate the contract means the aggregate of—

          1. any amounts that have fallen due for payment under the credit contract and that have not been paid, including, without limitation, interest charges, credit fees, and default fees, but excluding, if the contract provides that, in the event of a default, any part of the unpaid balance becomes payable (or may be called up as becoming payable) earlier than would be the case if there had not been a default, that part of the unpaid balance that would not have fallen due but for that provision; and
            1. the reasonable costs of the creditor of, and incidental to, repossessing, holding, storing, repairing, maintaining, valuing, and preparing for the sale of the consumer goods and of returning them to the order of the debtor; and
              1. the costs reasonably and actually incurred by the creditor in doing anything necessary to remedy any default by the debtor.

              2. The costs referred to in paragraphs (b) and (c) of the definition of amount required to reinstate the contract are subject to subpart 6 of Part 2 (which applies with all necessary modifications as if any cost that is imposed is a credit fee or a fee or charge to which section 45 applies (as the case may be)).

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              Notes
              • Section 83ZB: inserted, on , by section 51 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).