Truck Loans Australia :: Articles

Default and Reposession

What can cause loan default and lead to repossession besides missed payments?

Default and Reposession

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

Most people would assume that a default under a loan contract means that payments haven't been made but, as you are about to learn, there are other reasons why a lender may have the right to repossession.

Default

The most likely reason that there has been a default under the contract is because a payment has not been made. Where a mortgage is held over goods (usually a car), other reasons may include:
  • the borrower fails to maintain insurance;
  • the borrower sells the goods;
  • the borrower otherwise disposes of the goods;
  • the borrower transfers the ownership to another person.

Legal proceedings

This term generally means an action that is initiated in court.

Although the credit provider has wide powers to begin legal action to recover a debt, in regulated contracts certain conditions must be first be satisfied:
  • the debtor (the person who owes the money under the contract) is in arrears of their payments;
  • an appropriate notice has been posted to the last known address of the debtor (or any guarantor);
  • the debtor has been given the appropriate period to pay the debt.

There are exceptions to these rules.

For instance, where the credit provider has made reasonable efforts to contact the debtor and has been unable to do so.
Remember, if this is a second or later default, the credit provider may have previously informed you that no further notice will be given.
Get legal advice if proceedings have been instituted.

Extensions

It is possible to seek an extension on the loan repayments if you are in default, but it is best to have a reasonable excuse.

Negotiation is often a good starting point.
For instance, if you were unemployed for a period of time but are now in a position to make the repayments, this might allow an extension to be provided.
Where larger sums are involved, it is important to get legal advice.

Refinancing

Do not agree to a proposal to refinance without getting professional advice from an accountant, lawyer or specialist legal centre/financial adviser.

Repossession

Repossession can take place under the Consumer Credit Code following the expiry of the appropriate notice period (or following an exception to these rules as above) where the credit provider has a mortgage under the contract (usually a car).

However, repossession cannot place if:
  • the amount still to be paid is less than 25% of the amount financed;
  • the goods are stored on private property, unless a court or tribunal has made an appropriate order or with the borrower's (or occupier of the premises) consent. Following repossession under contracts regulated by the Consumer Credit Code, the borrower must be given notice of:
  • the value of the goods;
  • the repossession expenses; and
  • the right to recover the goods by paying the debt or remedying the default.

It is still possible to negotiate a deferral of this procedure e.g. if the borrower can prove they are about to receive monies owed to them that will cover the costs.

Sale. The credit provider must get the best price possible for the goods.
On the other hand, it is possible for the original borrower to introduce a buyer to the credit provider.
If the best possible price has not been obtained (this may be difficult to prove if you did not have the goods valued prior to repossession), or the provider unreasonably refuses the person you introduced, you should seek professional advice.

Money owed after sale

If the amount obtained on the sale does not equal the amount owed under the contract, the credit provider may begin legal proceedings in a local or magistrates court to recover the balance.

Guarantors

If you are the guarantor under a contract you may be liable for the amounts owed. However, this is restricted to situations where:

  • a judgement debt has been made against the borrower i.e. a borrower who has a court judgement against them that orders them to pay a sum of money to the credit provider; or
  • the court has allowed the credit provider not to obtain a judgement against the borrower; or
  • the borrower is insolvent or cannot be found. Get legal advice if you are the guarantor in this situation.

Unjust contracts

Under the Consumer Credit Code, any of the parties to the regulated credit contract can ask to get out of a contract if it was unjust or harsh at the time it was entered into. Whether the contract was unjust will depend on the circumstances. It may be because of:

  • harsh terms in the contract;
  • the way the negotiations were conducted to induce the borrower to enter into the contract;
  • a rate of interest that is excessive in the situation. It is important to get legal advice of you believe the contract is unjust because the issue must be adjudicated by a court or tribunal. Under the Consumer Credit Code the court may look into (amongst other things):
  • the inequality of the bargaining situation;
  • public interest;
  • whether independent professional advice was obtained prior to signing;
  • whether the borrower understood the terms of the contract;
  • whether there were unfair tactics or unfair pressure applied to the borrower.

Published: Sunday, 1st Aug 2021
Author: Paige Estritori

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.


Truck Loan Articles

Essential Document Checklist for Truck Loan Approval: What You Need to Know
Essential Document Checklist for Truck Loan Approval: What You Need to Know
Getting the right truck loan can be essential for business owners who rely on commercial vehicles. These loans cover a variety of commercial vehicle types and are crucial for ensuring your business operations run smoothly. Truck loans, specifically, provide the necessary finances to purchase trucks, which are indispensable in industries like logistics and delivery services across Australia. - read more
Maximizing Your Investment: Strategies for Enhancing Truck Resale Value in Australia
Maximizing Your Investment: Strategies for Enhancing Truck Resale Value in Australia
The commercial vehicle market in Australia is a cornerstone of the transportation and logistics industries, with trucks playing an indispensable role. Whether for long-haul deliveries across the vast distances of the continent or for urban distribution, trucks are critical assets for businesses and entrepreneurs alike. This significance makes it essential for commercial vehicle buyers to understand the dynamics of truck resale values in Australia. - read more
Commercial Vehicle Loans in Australia: Options, Costs and Application Steps
Commercial Vehicle Loans in Australia: Options, Costs and Application Steps
Commercial vehicle finance can help Australian businesses acquire trucks, vans and other work vehicles without paying the full purchase price upfront. This guide explains the main loan and lease options, what affects costs, what lenders may review, and how to compare finance terms before applying. - read more
How to Get a Truck Loan with Less-Than-Perfect Credit
How to Get a Truck Loan with Less-Than-Perfect Credit
Securing finance for any significant purchase can be a challenge, especially when it comes to acquiring a truck for business purposes. Coupled with a less-than-perfect credit score, this task can seem daunting for many Australians. The ripple effects of financial constraints can impede business operations, affecting the lifeline of commercial ventures that rely on transportation. - read more
Finance checks before buying a used truck in Australia
Finance checks before buying a used truck in Australia
Buying a used truck can be a practical way to expand or start a transport operation, but finance-related checks are essential before you commit. This guide explains PPSR searches, outstanding finance, private sale documents, lender valuation requirements, insurance and settlement steps for Australian buyers. - read more

Finance News

Locust Pressure Turns Pest Control Into a Machinery Planning Issue
Locust Pressure Turns Pest Control Into a Machinery Planning Issue
29 Oct 2026: Paige Estritori
Recent ABC Rural reporting from north-west Victoria has highlighted a fast-moving locust control problem, with farmers in the Mallee concerned about hatchings ahead of harvest and Agriculture Victoria saying numbers are at their highest level in 15 years, though not expected to reach plague levels. For machinery planning, the story is a reminder that pest pressure can quickly shift from an agronomy issue to a capital and cash-flow decision. - read more
Biodiversity Offsets Add a New Finance Layer for Landholders
Biodiversity Offsets Add a New Finance Layer for Landholders
29 Oct 2026: Paige Estritori
New biodiversity offset agreements in Central West NSW are putting a fresh financial question in front of some landholders: how should long-term conservation income be weighed against restrictions on future land use? Recent ABC Rural reporting detailed NSW Government agreements covering more than 15,000 hectares to offset land affected by transmission infrastructure in the Central-West Orana Renewable Energy Zone, with the model expected to extend to other renewable energy projects. - read more
Hotter Inflation Resets the Car Finance Conversation
Hotter Inflation Resets the Car Finance Conversation
29 Oct 2026: Paige Estritori
Australia’s latest inflation figures have added a fresh layer of uncertainty for car buyers, with the September 2026 Consumer Price Index showing annual inflation at 4.3 per cent and trimmed mean inflation at 3.6 per cent. Coming after the Reserve Bank of Australia lifted the cash rate target to 4. - read more
South Australian Rego Discount Puts Boat Budgets in Focus
South Australian Rego Discount Puts Boat Budgets in Focus
29 Oct 2026: Paige Estritori
South Australian boat buyers and existing owners have a timely cost reminder as the state’s temporary registration relief moves towards its final weeks. The 50 per cent discount on recreational boat and light boat trailer registration applies to eligible registrations between 1 December 2025 and 1 December 2026, making it relevant for renewals, first-time registrations and ownership transfers completed within that window. - read more
Hotter Inflation Puts Car Loan Budgets Back in Focus
Hotter Inflation Puts Car Loan Budgets Back in Focus
29 Oct 2026: Paige Estritori
Australia’s latest inflation data has put car loan budgeting back under pressure, with the Australian Bureau of Statistics reporting on 28 October 2026 that annual CPI rose to 4.3% in September and trimmed mean inflation lifted to 3.6%. Coming after the Reserve Bank of Australia raised the cash rate target to 4.60% on 29 September, the figures give vehicle buyers another reason to plan around uncertain borrowing costs rather than assume cheaper finance is just around the corner. - read more

Knowledgebase
Adjustable-Rate Mortgage (ARM) Cap:
A limit on how much the interest rate or the payment can change for an Adjustable-Rate Mortgage.