Khobotova v Spot One Limited - Reference No. MVD 137/16 (Auckland) [2016] NZMVDT 88; [2016] NZMVT Auckland 88 (5 July 2016)

Last Updated: 28 August 2016

BEFORE THE MOTOR VEHICLE DISPUTES TRIBUNAL

[2016] NZMVT Auckland 88

Reference No. MVD 137/16

IN THE MATTER of the Motor Vehicle Sales Act 2003

AND

IN THE MATTER of a dispute

NATALIA KHOBOTOVA

Purchaser

AND SPOT ONE LIMITED

Trader

MEMBERS OF TRIBUNAL
Mr C H Cornwell, Barrister & Solicitor, Adjudicator
Mr S D Gregory, Assessor

HEARINGS at Auckland on 20 June and 5 July 2016

DATE OF DECISION 5 July 2016

APPEARANCES
Miss N Khobotova, the purchaser
Mr P Tweedie, Manager for the trader

CONSENT ORDER

The parties have asked the Tribunal to record their agreement to settle their dispute as a Consent Order the terms of which are as follows:

1. Spot One Limited (“the trader’) agrees to accept rejection of the 2005 BMW 320i registration number JJZ563 (“the vehicle”) from Natalia Khobotova (“the purchaser”) with effect from the date the purchaser rejected the vehicle of 30 March 2016.
2. The collateral finance agreement between the purchaser and I-finance, a division of Heartland Bank Limited by which the purchaser financed the balance of the purchase price and other charges (“the Finance Agreement”) shall vest in the trader with effect from 30 March 2016 and the trader shall henceforth discharge all of the purchaser’s obligations under the Finance Agreement.
3. The trader shall pay the purchaser the following payments:
   • (i) The capital component of all payments made by the purchaser under the Finance Agreement to I-finance from the date of the advance to 30 March 2016; and
   • (ii) All payments (of both capital and interest) made by the purchaser to I-finance under the Finance Agreement after 30 March 2016.

If there is any dispute between the parties as to the correct amount repayable to the purchaser by the trader in terms of this order 3, leave is reserved to either party to refer that dispute to the Tribunal for determination with the unsuccessful party paying the Tribunal’s hearing costs.

4. The trader shall immediately pay the purchaser $921.85 comprising the deposit she paid the trader of $500, and the cost of three reports she obtained and paid for amounting to $421.85.
5. On receipt of the payment of $921.85 from the trader the purchaser shall return the vehicle to the trader.

DATED at AUCKLAND this 5 July 2016

C. H. Cornwell
Adjudicator