How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Daniel Your Own Question

Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3456
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
13248794
Type Your Australia Law Question Here...
Daniel is online now
A new question is answered every 9 seconds

What must a finance company do (in case of a HP car agreement)

Resolved Question:

What must a finance company do (in case of a HP car agreement) before it can repossess a vehicle in Victoria. I understand that they must first send a specific type of letter saying that reposession will occur within a certain timeframe unless the amount due is paid and giving the debtor 21 days in which to make amends - but that the letter is a specific type and form. Is that true? What legal device is available to me to buy some more time?

Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello

There is a need for a court order to repossess a vehicle.

You should send them a letter for proposal of payment or part payment to allow more time.

That way, if it does go to court it will show that you have tried to resolve the matter, allowing more time in any event.

Please accept.



Customer: replied 1 year ago.
With respect Daniel, I don't think it's correct that they need a court order. What does the Australian Consumer Credit Act 2011 have to say about this under Notices & Repossessions?
My car dealer cousin says he believes the new legislation very much favours the finance companies but the balancing consumer protections are provided somehow under the ACCC.
I need you to give me a specific opinion quoting relevant sections of applicable Acts. I need to quote whatever you give me back to the finance company and the reposession agent to halt their/his action.
Your advice cannot be general and must stand up in the State of Victoria.
Regards, Jim
Expert:  Daniel replied 1 year ago.

The process is as follows: This is nationwide: The Credit Law applies to you then there are rules the lender must follow if they want to repossess your car. These requirements are: 1. you must have signed a written agreement; 2. you must have "defaulted" on your loan (for example, failed to make one or more payments on your loan); 3. the lender must give you a default notice (which tells you the payments you have failed to make) prior to repossessing your car. The notice must give you at least 30 days to remedy the default. You can use the 30 days to pay the outstanding amounts, or negotiate a reduction in payments 4. a lender cannot without the consent of the court repossess your car 5. the lender cannot take your car from your premises or anyone else's unless you agree or the person living in those premises agrees in writing (after being informed of your or their rights) to the lender entering the premises or there is a court order; 6. a lender can only repossess your car between 8am and 8pm, Monday to Saturday (and not on public holidays); 7. if you do not agree to repossession, the creditor may apply to the court for an order requiring you to hand over your car. You must comply with the court order or you can be fined. Please accept

Customer: replied 1 year ago.

Apologies for taking so long to respond. Busy day! The situation is that the agreement was between a company which is now in liquidation and I was a director and a guarantor. The liquidator obviously wants this off his hands and can't/won't meet the balloon payout. The finance company has come after me as the guarantor but wants to repossess in any case. I drive the car and am trying to make arrangements to keep it but the finance company seems intent on reposessing it nonetheless.

Expert:  Daniel replied 1 year ago.
Hello

Well if you cannot make arrangements to make with the payments then they can repossess it.

Please accept
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3456
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Daniel and other Australia Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/DA/dawyzio/2011-8-17_41631_Debheadshotfromfrontdesk.64x64.jpg Deborah Awyzio's Avatar

    Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
  • http://ww2.justanswer.com/uploads/AU/AustralianLawyer/2012-8-24_122120_SeanPhoto.64x64.jpg Sean's Avatar

    Sean

    Experienced lawyer

    Satisfied Customers:

    837
    Law degree with 1st class honours from Australian National University.
  • http://ww2.justanswer.com/uploads/SE/section52/2011-3-4_91720_darrenkrusehs.64x64.jpg Darren Kruse's Avatar

    Darren Kruse

    Solicitor

    Satisfied Customers:

    16
    Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
  • http://ww2.justanswer.com/uploads/BR/Brisbane.Lawyer/2013-10-15_65512_ProfilePhoto.64x64.jpg Brisbane.Lawyer's Avatar

    Brisbane.Lawyer

    Solicitor

    Satisfied Customers:

    105
    Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
  • http://ww2.justanswer.com/uploads/MB/mbb75/Kylie at Makdap 500x500 pixels.64x64.jpg kmslegalservice's Avatar

    kmslegalservice

    Solicitor

    Satisfied Customers:

    18
    I have 14 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
  • /img/opt/shirt.png Patrick H.'s Avatar

    Patrick H.

    Lawyer

    Satisfied Customers:

    4168
    Dip Law LPAB - Sydney based lawyer