Credit Contracts and Consumer Finance Act 2003

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

83ZE: Debtor’s right to settle credit contract

You could also call this:

"Paying off your debt to get your things back"

Illustration for Credit Contracts and Consumer Finance Act 2003

You can settle your credit contract at any time after the creditor has repossessed the goods and before they sell them. You do this by paying the creditor the amount required to settle the contract or by performing the obligation you agreed to. The amount required to settle the contract includes the balance of the advance outstanding and any fees payable. You need to pay the balance of the advance outstanding, together with any interest charges, credit fees, and default fees. This amount also includes the reasonable costs of the creditor for repossessing and selling the goods. These costs are subject to certain rules, which are outlined in subpart 6 of Part 2 and section 45. If you exercise your right to settle the credit contract, the creditor must immediately return the goods to you. The contract will then terminate, and the rights and obligations of the parties to it will be satisfied.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501396.

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83ZD: Debtor’s right to introduce buyer, or

"You can find a buyer for repossessed goods and sell them to that buyer."


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83ZF: Debtor’s right to force sale, or

"What happens to your things if you can't pay for them and the seller doesn't sell them on time"

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

83ZEDebtor’s right to settle 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, settle the debtor’s obligations under the credit contract—

  2. by paying to the creditor the amount required to settle the contract; or
    1. if the contract secures the performance of an obligation other than the payment of money, by performing that obligation.
      1. In this section, the amount required to settle the contract means the balance of the advance outstanding, together with any interest charges, credit fees, and default fees payable under the credit contract, and includes—

      2. the reasonable costs of the creditor of, and incidental to, repossessing, holding, storing, repairing, maintaining, valuing, and preparing 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.
          1. The costs referred to in subsection (2)(a) and (b) 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)).

          2. If the right to settle the credit contract is exercised,—

          3. upon receipt of that amount, or confirmation of the performance of that obligation, the creditor must immediately return the consumer goods to the debtor; and
            1. the contract terminates, with the rights and obligations of the parties to it satisfied.
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              Notes
              • Section 83ZE: inserted, on , by section 51 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).