Case Note 203097 [2010] NZ PrivCmr 7 : Guarantor is entitled to access loan information of borrower

A man took out a loan with a finance company. His mother agreed to be guarantor for the loan.Due to ill-health, the man was finding it difficult to meet weekly repayments on the loan and fell into arrears. He contacted the finance company and explained the delay in payment was due to the state of his health and a new repayment schedule was organised. However, over the following months the man was unable to keep up with repayments and the finance company contemplated enforcing its rights under the loan.The man’s mother contacted the finance company and requested information about repayments on the loan. The finance company provided this information to the mother. The mother then handed the information to her daughter-in-law who was a lawyer and authorised to act on her behalf.The man complained to our office that the finance company disclosed his sensitive health information to his mother.

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