Your vehicle or home cannot be taken without a court order — and that process gives you rights.
The National Credit Act prescribes a specific process a credit provider must follow before any repossession can take place. That process includes rights for you — and windows in which you can act.
If you have received a Section 129 notice or a summons, time is limited. Contact us before the deadline closes.
The Section 129 process
Before a credit provider can take legal action under a credit agreement governed by the National Credit Act, they must deliver a Section 129 notice to you. This notice must state the default, the amount outstanding, and your right to approach a debt counsellor within 10 business days.
The notice is not an order. It is the start of a process. The credit provider cannot proceed to court until the notice has been properly delivered and the statutory period has elapsed. A notice delivered incorrectly — to the wrong address, or without the required information — is not valid.
Your options
Debt counselling
Apply for debt review within the 10-day window. This restructures your payments across all qualifying credit agreements and prevents legal action while the review is in progress.
Direct negotiation
We engage the credit provider directly to reach a payment arrangement or restructure the agreement — in writing, correctly documented.
Oppose the court application
If the matter proceeds to court, we review the notice for procedural defects, oppose the application on the merits, or both. A court order is not automatic.
Post-judgment relief
If judgment has already been granted, we assess whether it can be set aside or whether execution can be stayed pending further steps.
What we do
We review the Section 129 notice for validity, assess the credit agreement, and advise you on which option is appropriate given your circumstances. If the matter needs to go to court, we prepare and file the opposing papers. If negotiation is the better path, we handle that directly with the credit provider.
We are upfront about what is and is not achievable. Repossession can often be prevented or delayed — but the window to act is narrow and closes without notice.
Common questions
Straight answers to the questions we hear most.
No. A Section 129 notice is a statutory warning that precedes legal action. It must be delivered before a credit provider can approach the court. Receiving the notice means the process has begun — not that repossession has been authorised.
Yes. The 10-day window relates specifically to the debt counselling option under the NCA. After it closes, the credit provider may approach court, but the court process itself has requirements and can be opposed. Options narrow as time passes, but they do not disappear until an order is actually granted and executed.
Debt review is a statutory process under the NCA that restructures your payments across qualifying credit agreements. While under review, credit providers cannot take legal action on included accounts. Whether it is appropriate depends on your overall financial position — it affects all NCA credit agreements, not just the one in dispute.
No. A credit provider requires a court order declaring the goods executable before a repossession can proceed. Taking possession without such an order — including by changing locks or towing the vehicle — is unlawful, regardless of what the credit agreement says.
The credit provider must apply to court and satisfy the court that the statutory process was followed and that it is just and equitable to grant the order. You are entitled to oppose the application. The court must consider relevant circumstances — including, in the case of a primary residence, whether sale in execution is appropriate.
Every day matters in a repossession matter.
Contact us today. We will tell you exactly where the process stands, what options remain, and what happens next — before the window closes.