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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22887
Experience:  38 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: 9 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 9 months 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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