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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22314
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have a dvd which has been returned late, they have now

Customer Question

Hi I have a dvd which has been returned late, they have now sent a letter demanding$225 for 27 days late rental, is this allowed?
JA: What state are you in? It matters because laws vary by location.
Customer: Otago, There was no phone calls or remiders
JA: Has anything been filed or reported?
Customer: I don't think so, we have just received a statement from them today?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I just think that its seems far more than the dvd could be worth.
Submitted: 29 days ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 29 days ago.
You will need to look at the terms and conditions of sale. But if the penalty clause says this in tiny print and is not obvious you have a defence under the Fair Trading Act because they must clearly identify such clauses. So you should tell them they didn't make the penalties clear and that while you will pay a reasonable late penalty this is over the top and they will need to claim in the Disputes Tribunal

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