Do I still owe money after repossession in NZ?
Often, yes. If the car sells for less than you owed, the gap is still a debt. What changes is that interest, fees and collection costs stop being added once the car is sold, and the lender must send you a written statement of the sale and the balance within 7 days.
The car has gone, and the letters keep coming. The question at the front of your mind is whether you are finally square with the lender. In most cases the answer depends on one number: what the car sold for.
This page is about the money after the sale. If the car is still with the lender and has not been sold, read get my car back after repossession first, because you may have options that disappear once it is sold. For the rules about how a repossession itself must be carried out, see can my car be repossessed.
The short version
When a financed car is repossessed and sold, one of three things happens:
- The sale covers the debt. The loan is settled and nothing more is owed.
- The sale brings in more than you owed. The lender should pay you the difference, unless the same car also secures other debts you have with it.
- The sale brings in less. You still owe the balance, called the shortfall.
The third one is the most common worry. Consumer Protection notes that the estimated value on the lender’s notice is often well below what you owe, so a shortfall is a real possibility from the start.
How the numbers work
Start with what the lender says you owed at the date of repossession. That is the loan balance, plus arrears and repossession costs that are allowed by the rules. Then take the money the car actually raised, after the cost of selling it.
Here is a worked example. It is for illustration only, with invented round numbers, and not a quote.
| Line | Amount |
|---|---|
| Owed on the loan | $9,000 |
| Car sells for | $5,500 |
| Cost of the sale | $400 |
| Money left from the sale | $5,100 |
| Shortfall you still owe | $3,900 |
If the same car had sold for $9,800, the lender would hold more than the $9,000 owed, and the difference of $800 should come back to you after costs. Either way, the statement should show every one of those lines. If it does not, ask for a full breakdown.
What stops after the sale
This is the part many people do not know. Consumer Protection says that once the car is sold, no further interest, fees or collection costs can be added. The lender can recover the money it loaned, but not the accrued fees, charges or interest on top. If the balance on your statement is larger than the sale shortfall would suggest, ask the lender to explain the difference in writing.
You should receive that written statement within 7 days of the sale, showing the sale proceeds, the sale costs, the outstanding amount and the balance owing. Keep it with your records, because it is the starting point for any plan or complaint.
Was the car sold fairly?
The rules say the sale must be commercially reasonable. It can be by auction, public tender or private sale. If the lender has not held a sale within 30 days, you can require it to sell by auction.
Because the shortfall depends on the sale price, it is worth checking how the car was sold:
- Ask how and where it was sold, and on what date.
- Ask for the sale price and each cost taken off it.
- Get an independent valuation. The rules allow you to get one for the repossessed goods.
- Compare the sale price to the valuation. A large gap is a reason to ask questions.
If you think the lender broke the rules, you can complain to its financial dispute resolution scheme, which is free. Every lender must belong to one. If that does not solve it, the Disputes Tribunal handles debts up to $30,000.
When the shortfall is passed to a collector
Lenders can hire a collection agency or sell the debt. A collector can contact you by phone, post or email before visiting in person unless you have agreed to visits, and can charge reasonable collection fees only if you were told about them beforehand. If it has bought the debt, the fees must cover its costs without making a profit.
What they cannot do includes using force or harassment, misleading you about the debt, threatening court action without a genuine legal reason, telling your family, friends or employer without your permission, or giving false information to credit reporting agencies.
If you get a collection letter:
- Do not ignore it. Contact the collector.
- Ask for the statement of account from the sale, and check that the amount matches.
- If you dispute the debt, tell the collector in writing as soon as possible and include evidence such as bank statements.
- Keep a record of calls: the name, date and time.
- Offer a repayment plan based on what you can truly afford, not the first number you are asked for.
Ways to deal with a shortfall
Pay it off over time. Many people set up a small weekly amount. A financial mentor can negotiate this with the lender or collector on your behalf. MoneyTalks, on 0800 345 123, is free and confidential.
Ask whether the lender will accept a smaller amount to settle. Some will. Get any agreement in writing, with a statement that the debt is settled in full, before you pay.
Check the shortfall is right. Compare it to the sale statement. If you find an error, raise it in writing.
Look at insolvency options if you truly cannot pay. The Insolvency Service explains that secured debt is excluded from bankruptcy because the creditor can repossess and sell, but if the sale does not cover the debt, the balance becomes an unsecured debt and is included in the bankruptcy. A No Asset Procedure lasts one year and is for people with debts between $1,000 and $50,000, with no surplus income or assets, and a Debt Repayment Order suits people who can make some repayments. The Insolvency and Trustee Service can explain which, if any, fits.
What it does to your credit file
A repossession and an unpaid shortfall can both be reported, and a default is held for five years from when it is listed, even after you repay. A shortfall that you pay off shows a future lender that you dealt with it. Our page on car finance after a default explains what lenders look at, and how to check your credit score for free shows how to read your own file.
Common mistakes
- Assuming the debt vanished with the car. It does not, unless the sale covered it.
- Paying the first number a collector quotes. Check it against the statement.
- Ignoring a shortfall letter because the car is gone. Debts left alone can lead to court action, and a court judgment is a separate entry on your credit record.
- Borrowing from a high-cost lender to pay it. A high-cost loan has an annual rate of 50% or more. Talk to a mentor first.
- Agreeing to a deal over the phone without anything in writing.
Where you can get help
- MoneyTalks, 0800 345 123. Free budgeting and debt help, and mentors can speak to your lender or collector.
- Community Law. Free initial legal advice about whether the lender followed the rules.
- The lender’s dispute resolution scheme. Free to use, for complaints about the sale, the figures or the collection.
- Insolvency and Trustee Service. For options if you cannot repay any amount, even with a plan.
Looking ahead
Once the shortfall is settled or on a plan you are keeping to, the record starts working for you. Lenders look at how long ago it happened and what has gone right since. We cannot promise approval, and each lender decides for itself. If you want to talk through your options, answer four quick questions at our check. It is not a credit application, and a broker partner can then call you. You pay us nothing.
Sources
Common questions
The lender takes the sale price, subtracts the sale costs, and compares that to what you owed. If the money from the sale is less, the difference is the shortfall. If it is more, you are owed the difference back. The lender must give you a written statement showing each figure within 7 days of the sale.
No. Consumer Protection says no further interest, fees or collection costs can be added once the item is sold. The lender can recover only the money loaned, not accrued fees, charges or interest. If you see extra charges on the statement, ask the lender to explain them in writing.
The sale has to be commercially reasonable. You can get an independent valuation of the goods, and you can challenge a sale you think was unfair. Start by asking the lender how the car was sold, then use its dispute resolution scheme if you are not satisfied.
Yes, the debt can be passed to a collection agency, but a collector cannot add extra fees or costs to the shortfall after the sale. It also cannot harass you, mislead you or tell your family or employer without your permission. Contact the collector, and offer a payment plan you can afford.
It can. The Insolvency Service says that if the sale does not cover the debt, the remaining balance becomes an unsecured debt and is included in the bankruptcy. Bankruptcy has serious consequences, so talk to the Insolvency and Trustee Service or a financial mentor before choosing it.