Question
Steve decides to buy a car. He sees a 2012 Holden Commodore for sale at Cheapside Used Car Yard. Dave, the owner of the car
Steve decides to buy a car. He sees a 2012 Holden Commodore for sale at Cheapside Used Car Yard. Dave, the owner of the car yard, tells him that the car is $6,000. Steve tells Dave that it's outside his price range as he doesn't have a job, and he wouldn't be able to get a loan. Steve mentions that he has been in and out of prison ever since he was a kid, and he dropped out of school after Grade 10 and has had difficulty finding and keeping work because of his criminal record, and his very limited reading and writing skills. Dave tells Steve that his previous history is not a problem, and that he can organise a loan for Steve. Dave takes Steve into the office and fills out a loan agreement for him. It is clear to Dave that Steve does not understand the terms of the loan agreement. Steve asks Dave if he should ask a lawyer to check over the agreement, and Dave tells him that there are several people interested in the car, and if Steve wants it, he'll need to sign the agreement immediately. Steve signs the agreement and buys the car. Unfortunately, Steve did not realise that the interest rate for the loan is unusually high (almost double the usual interest rate for a personal loan), and he is unable to meet the repayments. He defaults on the loan. Advise Steve as to whether Dave has breached any provisions of the Australian Consumer Law (ACL) 2010 and the supporting common law with respect to the loan agreement. What remedies (if any) are available to Steve and ACCC under the ACL? (Do NOT discuss section 18 ACL or any provisions of the Motor Dealers and Chattel Auctioneers Act 2014 (Qld)).
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