Boat 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.


Boat Loans Articles

Boat Loan Application Checklist: How to Prepare in Australia
Boat Loan Application Checklist: How to Prepare in Australia
A boat loan application is easier to manage when you understand what lenders may review, what documents to prepare and how repayments could fit with your broader budget. This checklist explains the key preparation steps for Australian boat buyers before applying. - read more
Financing Your Dream Boat? Here's What You Need to Know about Insurance
Financing Your Dream Boat? Here's What You Need to Know about Insurance
Purchasing your dream boat brings with it a rush of excitement and a sense of freedom unparalleled by the confines of land. Whether you envision serene days sailing crystalline waters or action-packed fishing adventures, owning a boat provides an escape to a world of aquatic possibilities. As you prepare to navigate the open seas or tranquil lakes, it's crucial to consider not just the wind in your sails, but also the protection of your new vessel. - read more
Essential Questions to Ask Before Buying Your First Boat
Essential Questions to Ask Before Buying Your First Boat
Before diving into the exciting world of boat ownership, it's crucial to understand your specific needs and preferences. Asking yourself these questions will help guide you in selecting the right boat that aligns with your lifestyle and activities. Begin by asking yourself what types of boating activities you plan to enjoy. Whether it's leisurely fishing trips, thrilling water sports, or tranquil cruising, knowing your intended use will influence the type and size of the boat you should consider. - read more
The Benefits of Getting Preapproved Boat Finance for Australians
The Benefits of Getting Preapproved Boat Finance for Australians
If you're in the market for buying a boat, then it's crucial to familiarize yourself with preapproved boat finance. Unlike typical boat loans where you apply for financing after you've decided on a boat, preapproval allows you to secure finance before you start shopping. This gives you peace of mind and greater control over the buying process, ensuring no surprises or delays arise along the way. - read more
Your First Boat: Financing Strategies Every New Buyer Should Know
Your First Boat: Financing Strategies Every New Buyer Should Know
Understanding the excitement of being a first-time boat buyer is essential. There’s something truly exhilarating about the idea of cruising on open waters, enjoying sunsets, and creating lasting memories with friends and family. However, alongside this excitement comes the reality of making a significant investment. - read more
Financial Freedom on the Water: Boat Loans Simplified for Australians
Financial Freedom on the Water: Boat Loans Simplified for Australians
Boating offers a unique escape and a chance to explore Australia's stunning waterways. For many, owning a boat is a dream come true, providing endless adventures and cherished memories with family and friends. - 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
Spring Boating Push Puts Safety and Finance Planning Together
Spring Boating Push Puts Safety and Finance Planning Together
03 Sep 2026: Paige Estritori
Spring is shifting Australia’s boating market into a more active phase, with warmer weekends likely to bring more inspections, test runs and conversations with dealers and private sellers. Alongside that renewed interest, seasonal safety reminders are also becoming more important for anyone preparing to buy, upgrade or return a vessel to regular use. - read more
Used Boat Interest Builds as Spring Buying Season Nears
Used Boat Interest Builds as Spring Buying Season Nears
27 Aug 2026: Paige Estritori
Australia's used boat market is moving back into sharper focus as the spring boating season approaches, with marine classifieds and dealer activity again putting late-model trailer boats, fishing rigs, family runabouts, personal watercraft and cruisers in front of motivated buyers. For households that have spent winter researching models, the next few weeks may bring more inspection opportunities, but also more pressure to act quickly when a suitable vessel appears. - read more
Fresh Rate Signals Put Boat Finance Back Under the Microscope
Fresh Rate Signals Put Boat Finance Back Under the Microscope
13 Aug 2026: Paige Estritori
Australia's winter boat show season has left many buyers with brochures, dealer follow-ups and a clearer sense of the vessel they want. The latest finance market signals now point to the next challenge: making sure the loan structure is as carefully chosen as the boat itself. - read more
After the Sydney Boat Show, Finance Planning Takes Centre Stage
After the Sydney Boat Show, Finance Planning Takes Centre Stage
05 Aug 2026: Paige Estritori
With the 2026 Sydney Boat Show now complete, many Australian buyers are moving from browsing mode into decision mode. The event brought a broad mix of trailer boats, fishing craft, family cruisers, personal watercraft, electronics and accessories into one place, giving would-be owners a valuable chance to compare models and speak with dealers. The next step, however, is less glamorous and more important: turning enthusiasm into a sustainable finance plan. - read more
Boat Buyers Urged to Check the Numbers as Show Season Builds
Boat Buyers Urged to Check the Numbers as Show Season Builds
29 Jul 2026: Paige Estritori
Australia’s major boat show calendar is again putting boating dreams in front of thousands of would-be buyers, with new launches, dealer promotions and late-model used vessels all competing for attention. For households considering a first boat or an upgrade, the excitement is understandable. The more important story, however, is financial discipline: the best-looking deal on the stand is not always the lowest-cost ownership outcome over the life of a loan. - read more

Start Here

START HERE.

Loan Amount:
Postcode:

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


Quotes are offered free & without obligation. We respect your privacy.

Knowledgebase
Compound Interest:
Interest calculated on the initial principal, which also includes all accumulated interest from previous periods.


Quick Links: | Boat Loan Finance | Boat Financing Options | Marine Finance | Boat Loan Rates | Boat Loan Calculator | Boat Loan Comparison | Boat Loan Lenders | Boat Loan Terms | Boat Loan Approval | Boat Loan Application | Boat Loan Interest Rates