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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22306
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Reposession. I am a finance company trying to repossess a

Customer Question

Reposession.
I am a finance company trying to repossess a car and a panelbeater has it saying he required payment of $1500 until it can be released or he will destroy it for parts.
Does he have any right to do this?
Does he have right to stop us Repo.
Submitted: 12 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 12 months ago.

This is a situation where you should check whether the car is secured or not, and also whether the panel beater has registered a security for his debt. If your security is registered against the Personal Securities Register, I would assume it is ahead in time of any security registered by the panel beater. So the rights under your security prevail over any security he has registered, or any common-law worker’s lien. Getting access to the premises may be the greatest difficulty in this situation. But if it was just parked on the street there is nothing to stop you from repossessing, assuming of course you have given the appropriate notices under the Credit Sales and Consumer Finance Act.

Expert:  Chris The Lawyer replied 12 months ago.

Section 9C (d) says-"

(iii) during a repossession process (including by taking all reasonable steps to ensure that goods and property are not damaged during the process, that repossessed goods are adequately stored and protected, and that the right to enter premises is not exercised in an unreasonable manner); and"

Expert:  Chris The Lawyer replied 12 months ago.

83Q Creditor must exercise right to enter premises in accordance with lender responsibility principles

(1)A creditor must, in exercising the right to enter premises, act in accordance with the lender responsibility principles (see section 9C).

(2)This section applies whether the right to enter premises is exercised—

(a)for the purpose of repossessing consumer goods; or

(b)for any other purpose in connection with consumer goods.

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