In December 2012, I agreed to sell my car to xxxxxxxx of Auckland for a total sum of $3600.00 I drove the vehicle up to Auckland on December the 9th 2012, and met with xxxx on the Sunday afternoon at xxxxx. xxxx drove me back into the city so that I could catch a bus back home. However, xxxx only gave me $3300.00, and said that he was a man of his word and that he would give me the last $300.00 once he was paid the following week. In the circumstances I would never make a sale without taking the full agreed price at the time of the sale, however I had just driven all the way up to Auckland to sell the car as I required funds to put towards my university fees, and I took his word and shook on the agreement and promise that he would indeed pay me the last $300.00. Weeks passed and there was excuse after excuse - the payment was never made. I made numerous calls of which were never answered, and I sent many txts which in the end were never replied to. I still have all of the messages between the two of us saved on my phone - including the texts from xxxx saying that he was going into the bank to make the payment. I had a replacement vehicle lined up for myself, but due to xxxx constant messing around of me I was never able to follow through with a deal that I should have been able to. This has caused me a lot of distress as I am a university student and have had a lot to deal with over the last seven months.
Just curious as I have never made a small claim before but I don't want him getting away with ripping people off. I realise I made a silly error and there goes my trust in people; however, I don't believe this is fair.
Disputes tribunal will force him to pay it, but you will probably only get it at 10 bucks a week. Learn from it, and move on.
tgray,
Mar 15, 12:54pm
Technically, he doesn't own the car until full payment has been made, just like a bank or finance company. You both entered into a contract to buy/sell the car at a certain price and you have evidence he has not honoured this by way of voice recordings, so there may be grounds for you repossessing the car. Again, it's not his car until he pays for it. I would seek free legal advise.
daryl14,
Mar 15, 1:19pm
The problem as I see it, is that you agreed to sell the car to xxxxxxxx but then you gave the car to xxxx.
xxxxxxxx must be spewing.
elect70,
Mar 15, 1:32pm
You can take it todisputes &no doubt you would win,but actually getting the $ is another matter .for that amounrtbetter toto put it down to experienceIf it was a TM trade then report him.& placebad feedbackaboutbeing ripped off
daryl14,
Mar 15, 1:37pm
Did you write out a reciept stating that you were not paid in full and get him to sign it! If not I don't like your chances in the DT.
He would just say my understanding is that I've paid the full asking price as agreed verbally by us on the day. What leg will you have to stand on then!
bitsy_boffin,
Mar 15, 2:11pm
It sounds like he doesn't actually dispute that he owes you the money.
As a result the DT won't take it on, there needs to be a dispute - you say one thing which he disagrees with, as it stands, he completely agrees he owes you the money, he just hasn't paid.
Take the person concerned to the disputes tribunal ,Dont let them get away with it. I had a lady that tried to rip me off over the sum was $1000. She did not even turn up for the hearing at the disputes tribunal. , Court order was made in my favour for $1000, 10 days to pay. This did not happen ,so Ifiled for a distress warrant ( no cost to me ). Three weeks later a tow truck driver took and impounded a vehicle belonging to the lady .( At the instructions of a baliff )This happened on a friday ,on monday she visited her local district court and paid the outstanding amount, which distress warrant ,cost of towing and storage was added to . Dumb bitch would not of got much change out of $1500.Stick to the legal process it may take a little while ,but worthwhile in the end ,Good Luck.
meathead_timaru,
Mar 15, 3:42pm
That's technically incorrect. A vehicle bought with funds using the vehicle as security is still the property of the borrower. The lender doesn't ever own it until you default and they take the steps outlined in the Credit (Repossession) Act and take possession.
msigg,
Mar 15, 4:12pm
We if there is no proof either way then it means nothing. sorry. No reciepts/paper work. All he will say is he gave it to you . No proof he didn't. any proof of the sale value.No. Well lesson learned. Lucky it was only $300. Better get back to Uni.
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