Id like to talk to a lawyer for advice. New zealand. Breach letter. They are refusing to pay due to the faults in the

Expert's Assistant chat
Customer: id like to talk to a lawyer for advice
JA: What state is this in? It matters because laws vary by location.
Customer: new zealand
JA: What steps have been taken so far?
Customer: breach letter
JA: Anything else you want the Lawyer to know before I connect you?
Customer: they are refusing to pay due to the faults in the car , i have told them to return it and thier deposit will stay in my account bc they have had it for 4 weeks now with no other payments
Answered by Chris The Lawyer in 6 mins 2 years ago
imglogo
Chris The Lawyer
10+ years of experience
logo

41650 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Chris The Lawyer
logo
logo
41650 Satisfied customers
logo
10+ years of experience
imglogo
Chris The Lawyer
10+ years of experience
logo

41650 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

img

Chris The Lawyer, Expert

If you are a dealer in cars, then this is a matter for the Consumer Guarantees Act. If the car is defective they are entitled to ask you to either pay for the repairs or return the car for a refund. It can depend on whether the repairs are major or minor. They cannot just change their minds about the purchase however

Customer
my car was going to be sold privately to them , they paid $1000 knowing the faults of the car and they havent complained at all up until their next payment was due . we had told the person that was buying the car and her partner the day we let them use the car until they paid it all off to have it fixed and we would pay for it all . None of them did and no complaints came in until the 9th of july where they had missed 2 payments already and it has been 3 weeks with the car in thier hands
Customer
keeping in mind they were former friends
img

Chris The Lawyer, Expert

You should register a security interest against the car. This will stop them from selling the car. You should then bring a claim in the disputes tribunal for the balance of the purchase price, and get an order for payment. From your description, if they knew about the faults in the car, and bought this anyway, that sounds like an excuse and not a good reason to stop paying

Customer
we have written a breach letter last week to them and they have until the 29th to respond back . In the letter they had 2 choices to either return the car by then or pay the remaining amount which is $1500, do i have the right to get the car back on the 29th?
Customer
I honestly just want the car back but because we are based in christchurch and the car is there in auckland the address they are putting the car is never there whenever we get my mother to pick it up
img

Chris The Lawyer, Expert

It is not legal to repossess unless you have a clear agreement with the right to repossess for non-payment. I expect you had mostly verbal discussions about this. However if you went to get the car after you register a security interest, they might not do anything about this

Customer
Yeah we talked about that we would take the car back if there is no pyments , but they always ask for another week to pay it off but the week comes by and they add more complaints and excuses to not pay up
Customer
what do you mean by 'they' might not do anything about this
img

Chris The Lawyer, Expert

It may be time to go and get the car. If they really don't want the car, then they might not care if you repossess

Customer
they want thier $1000 back but its been 4 weeks going to 5 with the car in thier hands and they have been using it on a daily basis
do i have some rights to keep the money and reposses the car
img

Chris The Lawyer, Expert

If they have the use of the car, then it's hard to say that it is too faulty. You should probably give them something back if you repossess however but not the full amount

Customer
how much do you think i should give back ? because the tyres we specifically got was what they requested before they had paid us the $1000 those tyres added to 300 and they've had it now for 4 weeks
img

Chris The Lawyer, Expert

Perhaps half-$500

Customer
what does the security interest do
we have third party theft and fire insurance if that does something
img

Chris The Lawyer, Expert

If you register a security interest, it shows that you are the lender and they cannot sell the car unless they pay you. If they try to sell it to someone else then you can collect the car as the holder of the security interest, but most people check the security interests before they buy a car

Customer
oh okay cool , is $300 given back reasonable i just really $500 is way too much to give back after using the car and breaching contract
img

Chris The Lawyer, Expert

See if that works-it would have cost them more to rent a car

Customer
exactly, i had wrote in the breach letter that they had until the 29th july to respond with an answer how do i approach them about this and the car because i havent heard from them since i sent it
img

Chris The Lawyer, Expert

Tell them you will pick up the car if they do not either pay or reply

Customer
can i actually pick it up ?
Customer
actually could my mother pik it up ? im in christchurch and the car is in auckland
Customer
if they dont reply by tomorrow night i can pick it up?
img

Chris The Lawyer, Expert

A self-help remedy can be risky. That is why I suggested lodging the securities interest. But you could authorise your mother to uplift the car.

Customer
do you know the website to do that on ? and i could do it right now
what do you mean by uplift?
img

Chris The Lawyer, Expert

By uplift I mean getting the car. You can log on to the personal securities register and here is the site

https://ppsr.companiesoffice.govt.nz/

Customer
on the 29th which is this wednesday my mother can go and get my car?
what if they refuse
img

Chris The Lawyer, Expert

If they refuse, your remedy would have to be in the disputes tribunal to claim the balance of the money

Customer
Are you able to write a letter or something saying that we have the right to take the car back and that we will have to go to tribunal disputes if they do not co operate
Customer
they also have a list from the service check that they have been complaining about , it shows the faults in the vehicle, we said in the letter that we would come auckland and get it up to standards with the amount of $1500 that they need to pay and whatever is left with that amount they pay is ours and a reciept will be given along w the car after we have fixed it
Customer
here is the breaching letter i had sent through mail and facebook
img

Chris The Lawyer, Expert

You will need to see what they decide to do

img

Chris The Lawyer, Expert

But that is a good letter, and hopefully they will do something

Customer
if by tomorrow night they have not replied, do we have the right to take the vehicle back on the 29th in the morning ?
img

Chris The Lawyer, Expert

I see on reading the letter you have already repossessed the car once. It could be regarded as a bit risky to repossess again, but it would certainly bring this to their attention and decide if they really wanted the car

Customer
oh no we havent repossesed yet , we were going too but they asked for an extension so we let them
Customer
tomorrow night if they dont reply could you write a letter saying we can take the car and f they refuse itll be taken to disputes tribunal
img

Chris The Lawyer, Expert

I don't think a letter from me would give you authority to pick up the car. I think you should just go to where the car is kept, and say you are picking up the car for non-payment. If they refused to give you the car then you can't do much more. You would then go to the disputes tribunal to get an order for the rest of your money

Customer
okay cool thank you so much , i will get back in touch if there is any other questions thank you
Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer