well had vehicle for sale on trademe to cut things short, got a text asking if would like to trade, we traded. was asured by him that no money etc was owing, took acopy of each others drivers liscence, 2 months later got a call from him saying he found out there was money owing. he made a big lie only to turn out his parents were even the gaurentees on the loan that following night he said it was sorted he was getting a bank loan. he then would not speak to me, iget a knock on the door and a repo man takes my car am left with nothing, seen lawyer the have wrote a draft and going to dispute tribunal :| car was 2001 subaru impreza hatchback 79,000 kms perhaps a tough lesson to be learnt about no security check! but when he told me in person it was fine, i mean surely you cant just get away with this
pico42,
Jun 16, 8:20pm
Was the vehicle registered as being security on that loan!
gunhand,
Jun 16, 8:22pm
Got the txts still! proves he lied.
jhop1,
Jun 16, 8:31pm
sadly phone died, have letters from lawyer etc sending him a letter and ringing parents, and whitness for tribunal. wrote a thousand word essayon what happened so like to see him lye his way out of that, vehicle was registered as being security on the loan yeah so i found out, but he assured me no problem with it at the time, and then once he fessed up he said it was sorted, but wasn't, continuous lies
sr2,
Jun 16, 9:02pm
I'm sad to say that winning you case in the disputes tribunal will probably be the easy part of the exercise. When it comes to debt retrieval you??
jhop1,
Jun 16, 9:12pm
yeah i have also herd that, would feel better knowing he atleast owes me the money rather then let somebody away with this though! will have to wait and see
Found that last night and although I'm no fan of collectors, these threads sure are good reading.
woki,
Jun 16, 9:16pm
Wrong! Ensure the adjudicator instructs for payment to be made in full .If he doesnt pay up then ordera distress warrant and the baliffs will repo his shit . You must know of propertry that he owns and instruct they uplift it .
sr2,
Jun 16, 9:17pm
You've got the right attitude mate; you can??
woki,
Jun 16, 9:24pm
You should do well . The other guy is dishonest at the least . The ruling will be in your favour for sure .
jhop1,
Jun 16, 9:24pm
cheers will do. its just a pain really! left with no vehicle for work etc, haha nice foxdonut that was a funny read.
jhop1,
Jun 16, 9:25pm
thanks woki! yeah i have all his lies written down and explained in an essay so like to see him try argue his point,
sr2,
Jun 16, 9:35pm
Sounds great in theory, but believe me from personal experience the process is very seldom that simple. When it comes to debt collection many respondents suddenly have few possessions! You seldom get an instance of someone with equity and a good track record suddenly ripping you off. These guys more often than not have a history of fraudulent behavior and are well practiced at avoiding bailiffs (who you??
cjohnw,
Jun 16, 9:37pm
No, sorry you are incorrect! He has a right of appeal if he loses the case, and they can, and will, allow him to pay it back at as little as $2.00 per week if he applies for hardship. A distress warrant is only relevant if he has other assets that are not subject to finance or are not directly related to his earning an income. If he has dependent children, well, expect to wait until you are in an old folks home. If his assets are in a company or a family trust forget the whole exercise, and save your money.
How do i know this! Because it happened to my wife and I. Still owed $5500 awarded by Small Claims - actually collected about $400. You can win, but you can't always collect.
icemans1,
Jun 17, 1:33am
name and shame.
gilligan2,
Jun 17, 7:39am
i would just hire some1 2 break some legs
shuddupowh,
Jun 17, 8:22am
The Mob are good for that. Thats what their prospects are for :)
jason18,
Jun 17, 8:36am
Except there prospects are knobs and you will end up paying more than you bargain for
tgray,
Jun 17, 8:44am
For the sake of spending $1 on a txt or $9 on a carjam report, you bought a car without checking finance owing! oh dear.
crzyhrse,
Jun 17, 8:51am
Glad you saved that $1 text now!
crzyhrse,
Jun 17, 8:54am
Perhaps. in FANTASY land. The court bailiffs are not interested in anything other than court imposed fines. Most won't go to any effort to track him down and act on a warrant to seize property.
crzyhrse,
Jun 17, 8:56am
Your best option is to simply take your car back. I bet he doesn't have a receipt for it. registered owner means nothing.
cjohnw,
Jun 17, 9:05am
Exactly 100% correct!
Balliff said to me: "He doesn't own anything else of real value, and almost everything is leased. Nothing more we can do.sorry"
jhop1,
Jun 17, 3:04pm
as i said about my bad not checking money owing and i did not know about this $1 text. whats happened is still not right though and im not just going to sit back. just thought id post and see what people thought it might pan out like. cheers
daryl14,
Jun 17, 4:01pm
About the best you can hope for is that after DT hearing, his Parents will get the guilts and write you a cheque. Lean on them if at all possible.
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