Baycorp (NZ) Limited

Likely to have contravened section 13(i) of the Fair Trading Act 1986 by claiming to have a right, on behalf of its clients, to add collection costs, some legal and court costs and interest, onto a debtors balance after security items have been repossessed and sold. In the Commissions opinion, Baycorp had no legal right to do so because section 35 of the CRA prohibits a lender from recovering more than the debt balance outstanding after goods have been repossessed and sold.

Case Details

Parties
Baycorp (NZ) Limited
Category
Consumer
Sub-category
Act/Section
Fair Trading Act 1986 13(i)
Industry
Financial and insurance services
Status
Closed
Outcome
Settlement
Case Number
Date opened
06 November 2013
Date closed
06 November 2013
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