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SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
SUWANVARA LAWFIRM
SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
Civil Law

Can't Keep Up the Car/Home Instalments and It's Being Repossessed? Your Rights as a Hire-Purchaser

If your hire-purchased car or home is repossessed, do you still owe the shortfall? Your rights and what to do when you can't keep paying.

by Legal Advisory TeamMay 22, 20261 min read
Can't Keep Up the Car/Home Instalments and It's Being Repossessed? Your Rights as a Hire-Purchaser

When income falters and you can't keep up hire-purchase instalments on a car or home, many worry about repossession and being left in debt. Knowing your rights helps you decide better and avoid losing out more than necessary.

Repossession doesn't always end the matter

Under a hire-purchase contract, the finance company owns the asset until you've paid in full. On default per the terms, they may repossess and auction it. If the auction fetches less than the outstanding balance, you may be billed for the "shortfall" — but the amount demanded must be fair and lawful, and in many cases it can be contested or negotiated down.

What to do when you start to struggle

  1. Don't go silent — contact the finance company to restructure or pause payments before defaulting.
  2. Keep all documents — contract, instalment receipts, demand letters, termination notice.
  3. Check the repossession and auction process — was it lawful and per the contract?
  4. Don't sign an acknowledgment of the shortfall before a lawyer verifies it.

If you're sued for the shortfall

If sued for a post-auction shortfall, a lawyer checks whether the calculation is correct and fair — and many cases end in mediated instalments at an affordable amount.

📌 See more: civil litigation & enforcement

If you're facing repossession or a shortfall claim, talk to our team to plan a negotiation and protect your rights.

Frequently asked questions

If the car is repossessed, is the debt over?+

Not necessarily. Under a hire purchase agreement the finance company retains ownership until the instalments are complete. If you fall into arrears under the terms, the owner may repossess and sell the asset at auction, and if it sells for less than the outstanding balance there may be a claim for the shortfall.

Do I have to pay the full shortfall claimed after the auction?+

The amount claimed must be fair and correctly calculated under the law, and in many cases it can be contested or negotiated down. A lawyer can check whether the calculation is right, and many such cases end in a mediated instalment plan the borrower can manage.

I am starting to struggle with the instalments. What should I do?+

Do not go silent. Contact the finance company about restructuring or a payment holiday before you default, and keep the paperwork complete — the agreement, instalment receipts, demand letters and any notice of termination.

The asset has been repossessed. What can I check?+

Check whether the repossession and the auction followed the law and the agreement. And do not sign an acknowledgement of debt or accept the shortfall figure before a lawyer has verified that it is correct.

I am being sued for the shortfall. How is that defended?+

A lawyer will check whether the shortfall has been calculated correctly and fairly, which is the central issue in cases of this kind. Many of them end in a mediated instalment arrangement at a figure the borrower can actually meet.

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