ACCC v Esanda [2003] FCA 1225 – Law Case Summaries

Esanda lent a consumer $15,000 to be repaid at a rate of $375 per month for 48 months
This was secured by a mortgage over a chattel, which was a vehicle
The consumer defaulted on the loan and the bank moved to repossess the vehicle
The repossession team humiliated the consumer’s wife at work, and took the car by trespassing on their land and pinning him to the ground

Esanda was ordered to compensate the customer.
They have no right to repossess it as they did not have the correct documentation
It did not suspend the orders to repossess the vehicle when the physical confrontation occurred
These two factors made the conduct unconscionable
They are also guilty of harassing conduct for following them and turning up at the wife’s work

Full text available: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2003/1225.html