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Paid deposit of 2000 with city toyota and cancelled within 7…

Customer Question
Paid deposit of 2000...

Paid deposit of 2000 with city toyota and cancelled within 7 days.....can we get that money back under nz law

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New zealand

Lawyer's Assistant: Has anything been filed or reported?

Yes wrote to say we have changed our mind

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing more really

Submitted: 11 months ago.Category: New Zealand Law
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Customer reply replied 11 months ago
ok did not realize u guys in australia will contact my own lawyer here
Answered in 2 hours by:
9/12/2017
Solicitor: Chris The Lawyer, Lawyer replied 11 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,839
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Solicitor: Chris The Lawyer, Lawyer replied 11 months ago

The relevant law is the Credit Contracts and Consumer Finance Act which says in section 27:-

27Right to cancel consumer credit contract

(1)

A debtor under a consumer credit contract may cancel the contract by giving written notice of the cancellation to the creditor under the contract within 5 working days of the day that disclosure is made under section 17 (or at any time if that disclosure has not been made) and either,—

(a)

in the case of a contract referred to in subsection (2), paying the cash price of the property or services (or the balance of the cash price after deducting any amount already paid by the debtor) to the creditor within 15 working days of the day the notice is given; or

(b)

in any other case, returning to the creditor any advance and any other property received by a debtor under the contract within 5 working days of the day that disclosure is made under section 17 (or at any time if that disclosure has not been made).

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Solicitor: Chris The Lawyer, Lawyer replied 11 months ago

You will see it talks about five working days, which does not include the weekend. You referred to 7 days, which is not quite the same but you are probably safe if that time included the weekend. So the car company must refund your money if you are within time to cancel under this act. If they refuse, you may need to bring a claim to the disputes tribunal, where you won't need a lawyer

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