No Credit Check :: 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.


Finance Articles

Understanding Your Credit File: How to Seek Loans without Negative Impacts
Understanding Your Credit File: How to Seek Loans without Negative Impacts
Understanding financial health is paramount when venturing into the realm of loan acquisition. It's the backbone that supports not just your immediate monetary requirements but ensures longevity in your fiscal stability. At the heart of this understanding lies a critical aspect: the credit score. It's a numerical representation of your financial trustworthiness, influenced by past fiscal decisions and behaviors. - read more
How Your Credit Score Affects Loan Approval and Interest Rates
How Your Credit Score Affects Loan Approval and Interest Rates
Your credit score is a crucial part of your financial health. Essentially, it’s a numerical representation of your creditworthiness, calculated based on your credit history. In Australia, credit scores range from 0 to 1200, with a higher score indicating better creditworthiness. - read more
The Importance of an Emergency Fund: A Guide for Families
The Importance of an Emergency Fund: A Guide for Families
Let's dive into the essential topic of emergency funds. An emergency fund is a stash of money set aside to cover the financial surprises life throws your way. These unexpected events can include sudden unplanned repairs, medical emergencies, or job loss. - read more
Maximize Your Loan Options without a Credit Footprint: Strategies to Know
Maximize Your Loan Options without a Credit Footprint: Strategies to Know
As we navigate the complexities of today's economy, the significance of credit can scarcely be overstated. Whether we're considering a home mortgage, a new car, or managing our personal finances, our credit health often dictates the terms and accessibility of financial support. A robust credit score can open doors to favorable loan terms and rates, while a poor score can narrow our options and cost us more in the long run. - read more
Are No-Credit-Check Loans Legal in Australia? Responsible Lending and Borrower Protections
Are No-Credit-Check Loans Legal in Australia? Responsible Lending and Borrower Protections
No-credit-check and bad-credit loans are not automatically illegal in Australia, but regulated consumer lenders generally still need to assess whether credit is suitable and affordable. This guide explains responsible lending, borrower protections, hardship rights and warning signs to check before applying. - read more
How to Improve Your Financial Health and Secure Loans Effortlessly
How to Improve Your Financial Health and Secure Loans Effortlessly
Financial health refers to the state of one's personal financial situation. It encompasses a variety of factors, such as income stability, expenses control, savings, investments, and debt management. - read more
How to Create a Budget That Keeps Your Debt in Check
How to Create a Budget That Keeps Your Debt in Check
A clear budget can help you understand where your money goes, plan loan and credit card repayments, and reduce the risk of taking on more debt when expenses change. This guide explains practical budgeting steps, debt repayment methods and review habits that can support better day-to-day money management. - read more
Navigating Financial Uncertainty: Tips for Managing Money Worries
Navigating Financial Uncertainty: Tips for Managing Money Worries
Financial stress is a common issue that affects a large portion of individuals, often due to unexpected expenses, unemployment, or a high cost of living. It can lead to both mental and emotional strain, influencing one's quality of life and decision-making abilities. Credit scores, a critical measurement of financial health, are used by lenders to evaluate the risk of lending money. - read more
How to Use Credit Cards Wisely to Enhance Your Credit Score
How to Use Credit Cards Wisely to Enhance Your Credit Score
Your credit score is more than just a number; it's a reflection of your financial health. Essentially, it’s a numerical expression that represents your creditworthiness. Lenders use this score to assess the level of risk involved in lending you money. - read more
How No-Credit-Check Loan Assessments Work in Australia
How No-Credit-Check Loan Assessments Work in Australia
No-credit-check loans in Australia can be misunderstood. This guide explains what the term may mean, what lenders may still assess, and how to approach these loans with care. - read more

Finance News

Loan Complaints Put Borrower Treatment Back Under the Microscope
Loan Complaints Put Borrower Treatment Back Under the Microscope
09 Sep 2026: Paige Estritori
Fresh financial complaints data has kept Australia’s lending sector under pressure, with consumer credit issues remaining a major concern for households already dealing with higher everyday costs. While the figures cover a broad range of products, the message for borrowers is clear: the way a lender assesses, explains and manages a loan can matter just as much as the advertised rate. - read more
Why Cash-Flow Data Is Changing Loan Assessments
Why Cash-Flow Data Is Changing Loan Assessments
02 Sep 2026: Paige Estritori
Australian lending is continuing to shift towards faster, data-led assessment, with more providers using bank transaction history, income patterns and real-time affordability checks to understand whether a borrower can manage repayments. For people who have been knocked back by a mainstream bank, this is an important development because it can reduce the emphasis on a single credit score and place more weight on what is happening in the borrower’s finances today. - read more
Hardship Support Moves Higher on the Lending Watchlist
Hardship Support Moves Higher on the Lending Watchlist
26 Aug 2026: Paige Estritori
Australia’s credit sector is facing renewed pressure to treat financial hardship as a core borrower protection, not a back-office process. The latest lending market focus is on how quickly and fairly credit providers respond when customers say they are struggling, especially as household budgets remain stretched by rent, utilities, groceries and existing debt commitments. - read more
Buy Now Pay Later Rules Are Changing for Australian Borrowers
Buy Now Pay Later Rules Are Changing for Australian Borrowers
19 Aug 2026: Paige Estritori
Australia's buy now pay later sector is moving into a more regulated era, with providers being brought closer to the consumer credit framework that already applies to many personal loans and credit products. For borrowers, the practical message is simple: short-term convenience is being matched with stronger scrutiny around affordability, hardship support and responsible lending. Find out now if you qualify and compare rates, offers and options from multiple lenders - without a credit check! - read more
Why Personal Loan Pricing Is Still Uneven for Australians
Why Personal Loan Pricing Is Still Uneven for Australians
12 Aug 2026: Paige Estritori
Recent personal loan market updates suggest Australian borrowers are seeing more competition in some parts of the lending market, but the benefits are not being shared evenly. Secured borrowers with stable income and strong repayment histories may find sharper advertised rates, while people applying for unsecured loans, short term loans or specialist bad credit loans still face a more complicated pricing picture. - read more
Why loan affordability matters as rate pressure lingers
Why loan affordability matters as rate pressure lingers
04 Aug 2026: Paige Estritori
Recent personal lending updates from Australia’s loan comparison market suggest borrowers are still facing a mixed environment. While some advertised rates have become more competitive, unsecured personal loan pricing remains uneven, especially for applicants who do not fit a mainstream bank profile. For Australians with limited credit history, casual income, self-employment or past repayment issues, the headline rate is only one part of the decision. - read more
Debt Consolidation Demand Rises as Households Juggle Repayments
Debt Consolidation Demand Rises as Households Juggle Repayments
28 Jul 2026: Paige Estritori
Debt consolidation is moving back into focus as Australians continue to balance higher living costs, credit card balances, buy now pay later commitments and personal loan repayments. Recent finance sector commentary suggests more borrowers are looking for ways to simplify their debts, not necessarily to borrow more, but to make existing obligations easier to manage. - read more
ASIC’s Private Credit Warning: What It Means for Borrowers
ASIC’s Private Credit Warning: What It Means for Borrowers
21 Jul 2026: Paige Estritori
Australia’s fast-growing private credit market is again under the regulatory spotlight, with ASIC warning that borrowers, investors and superannuation members may be more exposed to private lending risks than many realise. The latest concern centres on a sector that has expanded as banks have become more selective, especially in areas such as property development, construction finance and specialist business lending. - read more
HSBC Penalty Puts Scam Protection Back in the Spotlight
HSBC Penalty Puts Scam Protection Back in the Spotlight
23 Jun 2026: Paige Estritori
HSBC Bank Australia has been ordered to pay a $35 million penalty after admitting serious failures in how it protected customers from scams. The case is significant because it moves beyond warning consumers to be alert and places stronger focus on the systems banks use to detect, prevent and respond to unauthorised transactions. - read more
Surge in Personal Loan Borrowing as Australians Face Rising Living Costs
Surge in Personal Loan Borrowing as Australians Face Rising Living Costs
16 Jun 2026: Paige Estritori
In the first quarter of 2026, Australians borrowed a record $5.1 billion in new personal loans, reflecting the mounting financial pressures from escalating living costs. This significant increase underscores the challenges many individuals face in managing daily expenses. - read more

Need Help Finding a Loan?
Find out now if you qualify and compare rates, offers and options from multiple lenders - without a credit check!

Loan Amount:

Postcode:

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

All finance quotes are provided free and without obligation. We respect your privacy.

Knowledgebase
Debt-to-Income Ratio (DTI):
A personal finance measure that compares an individual's monthly debt payment to their monthly gross income.


Quick Links: | No Credit Check Loans | Personal Loans No Credit Check | Bad Credit Loans | Business Loans No Credit Check | Fast Cash Loans Australia | Unsecured Loans | Guaranteed Approval Loans | Short Term Loans | Emergency Loans | Same Day Loans