Part 3ARepossession of consumer goods under consumer credit contract
Rules that apply after repossession of consumer goods
83ZFDebtor’s right to force sale
If the consumer goods have not been sold within 30 working days, the debtor may require the creditor to put the consumer goods up for sale by auction.
The period of 30 working days commences with the date on which the creditor repossesses the consumer goods.
The following rules apply to a sale required under subsection (1):
- the debtor must require the sale by notice in writing to the creditor, signed by the debtor or the debtor’s agent; and
- the auction must be held within 2 months after the date that notice is given; and
- the creditor must give the debtor and every other person referred to in section 83G(1) reasonable notice of—
- the time and place of the auction; or
- if the auction is via the Internet, the times at which the auction will begin and end (including the circumstances (if any) in which the auction may end before the end time given in the notice); and
- the time and place of the auction; or
- the creditor and the debtor are each entitled to bid at the auction; and
- there must be no reserve price.
Nothing in section 83J limits the creditor’s duty to comply with this section.
Compare
- 1997 No 85 s 32
Notes
- Section 83ZF: inserted, on , by section 51 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).


