Key issues: Car loan | Credit provider | Failure to provide notice of default | Failure to adhere to ACCC/ASIC guidelines
Summary of the complaint
The FSP was entitled to repossess the consumer’s vehicle and pass on enforcement fees it incurred relating to the consumer’s loan (noting the adjustment in the consumer’s favour made by the FSP). There was insufficient information to support the consumer’s claim that the FSP did not provide her with an opportunity to remedy the default on her loan. Accordingly, the consumer’s complaint was not made out.
This Determination affirms the position set out in our Review dated 15 June 2016 (the Review). I do not propose to restate that analysis but instead adopt it for the purposes of this Determination. A copy of the Review is attached.