VIC Breach of consumer contract and email agreement

[jwelchnz]

Good Evening,

I need assistance with an issue I have regarding my loan contract with a finance company.

I currently have a secured car loan and I have breached the contract. Due to Covid-19 I moved back to NZ and the vehicle I also exported home with me while continuing to make car repayments. I called the finance company a few weeks later to update my details and crap the clause in the contract says goods not to be removed from the country.

After speaking with a senior associate regarding this and being advised of the breach, he placed me on hold spoke to management and then confirmed I could keep the car in New Zealand as long as repayments continue as normal or face repossession.

The senior associate also sent the following in an email

"
Hi *******
As discussed, the vehicle you have leased with Macquarie Leasing can remain in New Zealand as long as payments are made in full and on time and we know where the location of the asset is at all times. Failure to comply may result in repossession of the asset, at an additional cost to you.
Kind regards,

I then responded with

"Thank you for the confirmation "

Does this now form an agreement??

2 days later after this email the finance company reneged and insisted I send the vehicle back to Australia.

They now after I have debated the issue that permission had been given verbally and in written communication forming an agreement, they have now defaulted me demanding full payment.

Is the email an agreement as I plan to defend this if so?

Thank you for your help

 

[Tim W]

Hard to say what happened without seeing the original documents.
At the very least, they are within their rights to insist that you stick to the terms of the Lease Agreement.

 

[jwelchnz]

Hi Tim,

what documents could I upload? I do agree with your statement! But they also did allow me to keep the car in New Zealand. Thank you for replying

 

[Tim W]

what documents could I upload?

None. We don't do that here.
The lawyers here are limited to generalities, and do not give formal case specific advice online.
That's why they typically have extensive disclaimers to that effect at the bottom of their posts.

Have a look at our online service "Lawtap" - where you will find someone who may be able to formally assist you.

 

[jwelchnz]

Thank you very much Tim. Have a good day