I sold my car privately to a family member of my partner as I was moving overseas and the agreement was they pay a certain small amount each week of $65 as they receive the benefit. (Written contract)
3 months later I am now informed that my car kept giving them trouble and they've scrapped it. They are now refusing to pay what is still owed. (They also skipped out on paying for 6 weeks within these 3 months due to money issues and christmas. )
Aside from informing them that the brake pads will need to be replaced prior to selling there was nothing wrong with the car.
What are my legal rights as they have breeched a written contact and I am unsure what legal rights I can take regarding this.
To be honest, I'm really annoyed as I could have sold my car to another but I decided to try and help out with 'family' and now they've screwed me over.
Please help.
kazbanz,
Jan 19, 12:16am
come back to NZ take them to small claims.-Then if you are lucky you'll get $5.00 a week for the debt.
mojo49,
Jan 19, 12:21am
And they wont pay the $5 a week. Two years later you can have the offender arrested for non-payment. They will be jailed for 3 months (Effectively 6 weeks) and the debt wiped. Families and money owed are very rarely a good mix.
sw20,
Jan 19, 12:25am
Within reading the first 10 words I was thinking here we go.
Just call them up and tell them what you think of them, then let it go. They haven't got any money so you aren't going to get any.
tony9,
Jan 19, 12:29am
Have they transferred the rego? If not, ring ltsa and get it cancelled.
Are they simply refusing to complete the contract or do they dispute the contract somehow? The former leads to debt collection action, the latter leads to the disputes tribunal to get a ruling which you can then follow up with debt collection. What did your written contract say about debt collection?
randomized,
Jan 19, 4:06am
I regret selling them my car and at a discounted 'family' price also.
It seems I'll have to take them too small claims, does that work effective immediately or will I have too stay in NZ until it's done?
Rego was transferred. I will take a further look at ppsr site. Thanks.
Refusing to complete the contract as they claim I've sold them a faulty car so hence the refusal. I then asked and arranged to repo my car via a friend only to be told they scrapped it as it was beyond repair.
Aside from needing new brake pads in the foreseeable future there was nothing wrong with the car when I handed them over the keys.
I've tried argruing the point that even if they scrapped the car they still have to pay the remainder that is owed as I sold them the car in good condtion. I even had it checked out before selling ensuring that the car had no faults.
motorboy2011,
Jan 19, 9:09am
The grand question, was it scrapped. ?
attitudedesignz,
Jan 19, 12:44pm
Small claims is your only recourse. Even if they still had the car and 'you' repossessed it, you'd find yourself in a world of problems. Had a similar issue when I sold a car to a stripper I worked with. Even with a written contract you can not just go and repo it when you want.
Have since done a bit of work in the "repo" area and believe me, it's a real minefield of legalese.
pico42,
Jan 19, 1:29pm
Disputes tribunal is your option.
budgel,
Jan 19, 2:02pm
Your legal rights are one thing, solving your problem is another. Put it down as the cost of experience and forget it.
richardmayes,
Jan 19, 5:40pm
Keep reminding your partner that you sold his/her dirtbag uncle Cleetus a perfectly good (but old) car, for a really good cheap price, as a favour, and now dirtbag Uncle Cleetus won't even pay that.
I've never had to go after anyone for money via the legal avenue but I've only ever heard negative stories about what a long, unrewarding, difficult and expensive road that is.
Whereas you can pressure and emotionally blackmail your rellies for free.
franc123,
Jan 19, 5:47pm
I know it doesnt solve anything but at the end of the day its simply not worth getting involved with deals like this at all, you won't get any thanks for it. Some people simply think the world owes them a living and they will think nothing of passively robbing hard working people of their money, assets or both by trotting out the usual sob stories. You don't rub shoulders with immoral scum, family or not.
attitudedesignz,
Jan 19, 7:30pm
Comment of the year
elect70,
Jan 19, 9:26pm
yep cancel the registration so it cannot be put on the road , just in case they havent actually scapped it , & write it off to experiance . never do deals with rellies .
tigertim20,
Jan 20, 2:00am
Find out if it was truly scrapped. If not change it back into your name and report it stolen.
that will make things interesting! haha. Oh and dont tell them. lol
kazbanz,
Jan 20, 2:11am
Ok randomised my honest opinion on this is as follows. go see the rellies concerned.Apologise profusely for selling them the "pile of junk". and give them back every penny they have paid you. Take the car and drive off in it or have it towed away if it has blown up. Then advertise it on trade me to recover as much money as you can. In the real world I genuinely feel its the only way this can be resolved in a way you get at least some of your money back. Now I'd like to make a bet one of two things have ACTUALLY happened 1) they are telling you a load of lies.-cars fine and they are finding excuses not to pay. my money is actually on this option. So YEP they are in breach of contract many times over but eating a bit of crow is a cheap option to get your money back. 2) cars been smashed up /impounded/blown up due to their idiocy. If that is the case then whewee that's a can o worms. You could take a bunch of pics then take em to DT -still not much chance of getting paid. Or you sauy well hey you smashed the car up-you can't use it -ill take it away and chalk it up to experience.
elect70,
Jul 29, 9:09pm
^^ he overseas which is what they are counting on knowing he cant repo it , best cancel its rego if ts still in his name otherwise it could get expensive .
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