Joes car breaks down and is beyond repair. He urgently needs a new car as...
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Joes car breaks down and is beyond repair. He urgently needs a new car as he uses it to get to and from work. Joe is obviously quite stressed when he visits Good Deal car yard and quickly agrees to purchase a car on finance. The purchase price is $8,000.00 which Joe agrees to pay off over 3 years at an interest rate of 35% per annum. The interest rates for similar credit arrangements at the time are around 24% per annum. Good Deal also takes security over the car. Joe is obviously in a hurry and signs the credit contract without reading it. The contract is a standard form credit contract that is commonly used by other finance companies. He is given a copy of the credit contract and Good Deal makes proper disclosure. Joe does not receive any legal advice before signing the credit contract and is not asked about his financial position. Joe has a large credit card debt and is already committed to paying off a television purchased on credit one year earlier. Six months later, Joes rent is increased by $50 per week and his finances are stretched to the limit. He manages to negotiate a pay rise so that he can continue to meet his commitments, but he misses one repayment due under the credit arrangement with Good Deal. Before Joe is able to make up the missed payment, Good Deal seizes the car and advises that it will be sold in order to repay the outstanding credit and fees in full. Advise Joe whether he has any remedies under the oppression provisions in the Credit Contracts and Consumer Finance Act 2003 do not discuss the Personal Property Securities Act 1999.
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