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Kennedy v B&N Financial Ltd t/a Prestige Cars - Reference No. MVD 83/2024 [2024] NZMVDT 129 (18 July 2024)

Last Updated: 4 September 2024

IN THE MOTOR VEHICLE DISPUTES TRIBUNAL
I TE RŌPŪ TAKE TAUTOHENGA Ā-WAKA

MVD 83/2024
[2024] NZMVDT 129
UNDER APPEAL

BETWEEN BROOKE KATALIN KENNEDY

Applicant

AND B&N FINANCIAL LIMITED trading as Prestige Cars
Respondent




HEARING at CHRISTCHURCH on 14 June 2024 (by audio-visual link)

MEMBERS OF TRIBUNAL
D M Jackson, Barrister – Adjudicator
S Cousins – Assessor
APPEARANCES
B Kennedy, Applicant
J Winter, Witness for the Applicant
P Naylor, Director for the Respondent

DATE OF DECISION 18 July 2024

_________________________________________________________________

FINAL DECISION OF THE TRIBUNAL

_________________________________________________________________

  1. Ms Kennedy’s rejection of her 2012 BMW ActiveHybrid is upheld as from 20 October 2023.
  2. The collateral credit agreement between Ms Kennedy and Finance Now Limited dated 19 April 2023 is vested in B&N Financial Limited as from 20 October 2023. Ms Kennedy has no further obligation to make any payments under that agreement.
  1. B&N Financial Limited must pay Ms Kennedy $7,138.55 being the monthly payments made by her to Finance Now Limited since the date of rejection.
  1. B&N Financial Limited must also pay Ms Kennedy the principal component of her payments prior to 20 October 2023 under the collateral credit agreement being $2,716.66.
  2. Within 10 working days (of the date of the Tribunal’s decision dated 3 July 2024) B&N Financial Limited is to pay Ms Kennedy $398.
  3. Once these sums have been paid in full to Ms Kennedy, B&N Financial Limited must collect the vehicle from her at its cost (if any).

_________________________________________________________________

REASONS

Introduction

[1] By my decision dated 3 July 2023 I upheld Ms Kennedy’s rejection of the vehicle as of 20 October 2023 and made various orders consequential to that outcome including the vesting of a collateral credit agreement in the Trader’s name.
[2] Ms Kennedy has now produced her calculations of the amounts due and owing to her for the various monthly payments or principal and/or interest made by her. The total amount owing to her under those orders is $9,855.21 comprising $2,716.66 for payments of principal prior to 20 October 2023 and $7,138.55 comprising payments of principal and interest from 20 October 2023 down to the date of this final decision.
[3] Satisfied that those amounts are due and owing to her under the orders dated 3 July 2024 made by me, I now order that those amounts are to be paid to her within ten working days of the date of this decision as per the Orders set out above.

DATED at CHRISTCHURCH this 18th day of July 2024

David Jackson

Adjudicator

This decision has been appealed. The outcome of that appeal was unknown at the date of the publication of this decision.


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