A Napier quick cash lender alleged to have taken more than $28,000 from borrowers that it was not entitled to is expected to plead next month to charges on which penalties could total more than $100,000 if the company is convicted.

Cash To You Loans faces 32 charges of breaching the Credit Contracts and Consumer Finance Act in loans it provided between April 1, 2012, and March 31 last year.

The charges were laid by the Commerce Commission earlier this year, alleging failures to disclose in contracts mainly in the smaller end of the market, from $100 to $3500, despite contracts exceeding 40 pages.

The company is accused of charging some customers unreasonable credit fees, default interest of 35 per cent when loan documents provided for no default interest, and failing to properly disclose a repayment waiver fee of up to 15 per cent.


Company director Noel Nicholls was not charged and was not present for a brief hearing relating to the matter before Judge Geoff Rea in the Napier District Court yesterday, in which Anna McConachy, of Auckland, appeared for the commission, and the company was represented by Napier barrister Scott Jefferson.

The matter was adjourned until November 2.