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 Loans Articles

The Pros and Cons of Leasing vs. Buying a Truck for Your Business
The Pros and Cons of Leasing vs. Buying a Truck for Your Business
Small businesses that require regular transportation of goods may find it essential to purchase a truck. However, this acquisition can become a significant investment that requires careful consideration before making a decision. The two options available are buying or leasing a truck. In this article, we will explore the pros and cons of each option to help you make an informed choice. - read more
Understanding Credit Scores and Their Impact on Your Commercial Vehicle Loan Terms
Understanding Credit Scores and Their Impact on Your Commercial Vehicle Loan Terms
Finding the right financing for a commercial vehicle in Australia can be a critical step for businesses and individuals alike. Whether it's for a single van or an entire fleet of trucks, understanding the intricacies of commercial vehicle loans is key to securing a deal that aligns with your financial goals. One factor that stands out in determining your loan terms is the credit score—a numerical representation of your creditworthiness. - read more
How to Choose the Right Lender for Your Commercial Truck Loan
How to Choose the Right Lender for Your Commercial Truck Loan
For many Australian businesses, purchasing a commercial vehicle is a significant investment that often requires financial assistance. Understanding the intricacies of truck financing is crucial, as the right loan can affect your company's bottom line and operational efficiency. With a plethora of lenders offering myriad loan products, choosing the most advantageous deal can be daunting. - read more
Essential Financial Safety Nets for Aussie Truck Drivers
Essential Financial Safety Nets for Aussie Truck Drivers
Welcome to the road less traveled, where the rubber meets financial prudence. Truck driving in Australia is not just about long miles but also about ensuring financial stability amidst life's crossroads. As a truck driver, taking the wheel of your financial future is crucial, and that's what we'll navigate in this article. - 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

Finance News

September Lending Signals Give Boat Buyers a Fresh Checkpoint
September Lending Signals Give Boat Buyers a Fresh Checkpoint
10 Sep 2026: Paige Estritori
Fresh September lending signals are giving Australian boat buyers another reason to slow down before signing a purchase contract. As the spring boating season gathers pace, lenders are still competing for well-qualified borrowers, but the gap between the cheapest-looking offer and the most suitable finance structure can be wider than many buyers expect. - read more
Mortgage arrears are a warning for stretched borrowers
Mortgage arrears are a warning for stretched borrowers
10 Sep 2026: Paige Estritori
Fresh attention on Australian mortgage arrears is a reminder that repayment pressure is no longer just a theoretical risk for highly leveraged households. After a long period of elevated interest rates, higher insurance costs, bigger grocery bills and tighter household budgets, more borrowers are finding that even small financial setbacks can make loan commitments harder to manage. - read more
RBA Lending Rate Update Highlights the Real Cost of Personal Borrowing
RBA Lending Rate Update Highlights the Real Cost of Personal Borrowing
10 Sep 2026: Paige Estritori
The Reserve Bank of Australia’s latest lending rate statistics are a useful reminder that personal borrowing costs can vary widely, even when the broader cash rate outlook appears steady. For households considering a car loan, debt consolidation loan or unsecured personal loan, the key issue is not simply whether rates are rising or falling. It is whether the loan being offered is affordable, suitable and competitive for the borrower’s circumstances. - read more
Why Towing Compliance Should Sit Inside Your Caravan Budget
Why Towing Compliance Should Sit Inside Your Caravan Budget
10 Sep 2026: Paige Estritori
Recent caravan and RV safety coverage ahead of the spring touring season has put towing compliance back in the spotlight. For buyers, the message is broader than road safety alone. Aggregate trailer mass, gross trailer mass, towball download and payload can all affect whether a caravan is genuinely suitable for a household, a tow vehicle and a budget. - read more
ATO Car Expense Focus Puts Business Vehicle Finance Under the Microscope
ATO Car Expense Focus Puts Business Vehicle Finance Under the Microscope
10 Sep 2026: Paige Estritori
The Australian Taxation Office’s tax-time focus on work-related car expenses is a timely reminder that buying a vehicle for business use is not only a dealership decision. For self-employed Australians, contractors and small business owners, the way a car is used, financed and documented can shape both cash flow and tax record keeping long after the keys are handed over. - read more

Start Here

Get a free truck loan eligibility assessment and compare truck finance and leasing options without accessing your credit file!!
Loan Amount:
Postcode:

All quotes are provided obligation-free by a participating broker from our national referral partner network. We respect your Privacy.


Knowledgebase
Jumbo Loan:
A mortgage loan that exceeds the conforming loan limits set by the Federal Housing Finance Agency (FHFA).