My story

khodeer · 23-07-2015, 02:36 AM

Just felt like putting this out there
Surely you guys are all smarter than what I was but just a reminder!!
As you all may know or may not know I had a AU1 XR6 Manual with lowkms and modified ETC.
I saw a BF2 XR6 6spd auto 2007 model on Gumtree asked by fluke if he would swap for my AU and he was very keen to do so
So I met up with him in Taylors Lakes took the cars for a drive yadda yadda and took the car home
Stupidly I did the check after I brought the car and realised it had $12,000 of Finance on it
Always do a check before you buy a second hand car

OzJavelin · 23-07-2015, 08:25 AM

Ouch .. not nice.

This is only an opinion and not advice, but if you haven't processed the rego paperwork, I'd probably speak to the seller reversing the deal citing the encumbrance as the reason.

If they won't return your old car or clear the encumbrance then you need to speak to a lawyer (even LegalAid?) for options. I think the debt is legally assigned to the individual but the car is the security, so it can be repossessed while the financier chases the individual.

You might be able to take over the financial debt, but I suspect that would be very murky and you likely don't have a financial appetite to do that as you were looking to swap anyway.

Personally I'd say your best option is to get your old car back and call it a valuable life lesson.

Good luck ..

Hally · 23-07-2015, 10:14 AM

I would not muck around and go to the police. Whilst you may have been naive the other party was acting deceptively.

Getting the police involved may prompt the other party to swap back.

cram_it_frog · 23-07-2015, 10:41 AM

buying a car from a private party is a mine field of problems but in most cases there is no problems unfortunately a small percentage of people do get ripped off

unfortunately for you a expensive lesson has been learned

people to talk to

consumer affair s will help with negations with the finance company

local police

you may need legal advice so legal aid

have you spoken to the other party or have they headed out of town

I can only wish you the best of luck with this problem

**Polyal** · 23-07-2015, 10:47 AM

I cant believe you swapped that AU for a BF!

XF_Pilot · 23-07-2015, 11:19 AM

It is ALWAYS worth paying the $25 for the REVS history check, especially when the swap is so far in your favour price wise.

xisled · 23-07-2015, 12:31 PM

Quote:

Originally Posted by Hally

I would not muck around and go to the police. Whilst you may have been naive the other party was acting deceptively.

Getting the police involved may prompt the other party to swap back.

Police are unable to do anything as a crime has not been committed.

Both parties agreed to the swap, unfortunately the op has not done his home work before doing the swap.

**Polyal** · 23-07-2015, 12:36 PM

There is something wrong with the system if someone can do that and there be no repercussions.

Sam_Boss260 · 23-07-2015, 02:22 PM

Quote:

Originally Posted by Polyal

There is something wrong with the system if someone can do that and there be no repercussions.

Agreed. But check this thread out... feel sorry for the guy.

http://au.lexusownersclub.com/forums...rab-a-bargain/

Yellow_Festiva · 23-07-2015, 02:23 PM

Quote:

Originally Posted by Polyal

There is something wrong with the system if someone can do that and there be no repercussions.

Agreed, but xisled is correct. Go to the police and they will call it a 'civil matter'.

Yellow_Festiva · 23-07-2015, 02:34 PM

Quote:

Originally Posted by Sam_Boss260

Agreed. But check this thread out... feel sorry for the guy.

http://au.lexusownersclub.com/forums...rab-a-bargain/

Owch.

Wonder what the outcome was?

mik · 23-07-2015, 02:35 PM

Most despicable indeed, the sad part is there's probably a lot of scum bags like this willing to take advantage of the innocent .

One rule i always go by , if the deal looks too good , it probably is .

XB GS 351 Coupe · 23-07-2015, 02:37 PM

For police to get involved a crime has to be committed.

Police are not there to baby sit people who struggle at life, buyer did not do his homework and a deal was struck between buyer and seller, now buyer is not happy with the deal and people expect police to sort the mess out

There is a verbal contract between the buyer and seller, a contract is a civil matter, not a criminal matter, police deal in criminal matters.

If buyer is not happy with the deal he either needs to speak to seller, if no agreement can be reached then he needs to take seller to civil court at his own expense, if he is not versed in legal matters to do this himself he has to hire himself someone that is, such as a solicitor/lawyer. Police do not go to civil court they go to criminal court, two completely different and unrelated things

The old 'Caveat Emptor' applies, if a deal is too good to be true it probably is.

Sam_Boss260 · 23-07-2015, 02:48 PM

Quote:

Originally Posted by Yellow_Festiva

Owch.

Wonder what the outcome was?

Yeah, dunno.

**Polyal** · 23-07-2015, 02:53 PM

So what happens if you take the car back to his place and report yours as stolen?

Oh hello police...

XB GS 351 Coupe · 23-07-2015, 02:55 PM

Quote:

Originally Posted by Polyal

So what happens if you take the car back to his place and report yours as stolen?

Oh hello police...

You will find yourself in criminal court answering charges of making a false police report, fraud and possibly obtaining benefit by deception just of the top of my head.

Hello criminal record and end of job prospects and overseas travel

Car is not stolen he handed the keys and the car over to the other guy.

**Polyal** · 23-07-2015, 03:01 PM

Well you are no fun at all.

There must be some avenue, so its wrong for you to return the car which was sold under false pretenses but ok to sell a car without revealing all details? Bit of a one way street there.

cram_it_frog · 23-07-2015, 03:05 PM

The old 'Caveat Emptor' applies,

I agree with that

what annoys me is the scum who take advantage of others they really needs to be some thing like a pair of stocks in all towns and suburbs for people like this

put them in stocks for a week or so public humiliation

XB GS 351 Coupe · 23-07-2015, 03:09 PM

Quote:

Originally Posted by Polyal

Well you are no fun at all.

There must be some avenue, so its wrong for you to return the car which was sold under false pretenses but ok to sell a car without revealing all details? Bit of a one way street there.

Two way street, think of it as a contract, because that is what it is, now the seller has breached the contract, which is a civil matter, it is not a crime it is just a brach of contract. It is buyer beware, if buyer does not do his homework then really he has messed up, lesson learned for buyer I guess.

Now the buyer can negotiate with the seller (seller really has done nothing wrong at this stage, as he may be planning to keep paying the loan and all will be fine, it only becomes a problem when seller defaults on loan as the loan is probably secured on the vehicle, then the seller is also in breach of contract with his finance provider as well, as he would not be allowed to dispose of the vehicle as it is security for the loan) or if no agreement can be reached then the buyer can take the matter to civil court to be presided over my a civil court judge (Like Judge Judy on TV).

Hope that makes sense.

Adamz Ghia · 23-07-2015, 03:21 PM

How could the rego be changed if the car has finance on it? I didn't think that was possible without permission from the finance company?

**Polyal** · 23-07-2015, 03:28 PM

Quote:

Originally Posted by XB GS 351 Coupe

Two way street, think of it as a contract, because that is what it is, now the seller has breached the contract, which is a civil matter, it is not a crime it is just a brach of contract. It is buyer beware, if buyer does not do his homework then really he has messed up, lesson learned for buyer I guess.

Now the buyer can negotiate with the seller (seller really has done nothing wrong at this stage, as he may be planning to keep paying the loan and all will be fine, it only becomes a problem when seller defaults on loan as the loan is probably secured on the vehicle, then the seller is also in breach of contract with his finance provider as well, as he would not be allowed to dispose of the vehicle as it is security for the loan) or if no agreement can be reached then the buyer can take the matter to civil court to be presided over my a civil court judge (Like Judge Judy on TV).

Hope that makes sense.

It makes sense, and Im not particularly disagreeing, but its pretty horrible and IIRC the member in question is on his P's?

If lawyers are not an option id do it depending on how the other party reacted.

XB GS 351 Coupe · 23-07-2015, 03:38 PM

Quote:

Originally Posted by Polyal

It makes sense, and Im not particularly disagreeing, but its pretty horrible and IIRC the member in question is on his P's?

If lawyers are not an option id do it depending on how the other party reacted.

No one said it's good, but it is the way it is, we have all been caught out at one stage or another and it has cost us, me included, it's life lessons. My first house I build I made so many mistakes, second time around you learn and make less mistakes.

I recently got somewhat caught out when buying my XB Ute a few months back as I bought interstate and it cost me a bit and I probably trusted the seller too much who talked the talk but turned out to be a filthy grub, but only cost me about $1500, but still another lesson learned.

Quote:

Originally Posted by Adamz Ghia

How could the rego be changed if the car has finance on it? I didn't think that was possible without permission from the finance company?

Who said it has?

FPV0137 · 23-07-2015, 03:41 PM

Quote:

Originally Posted by Adamz Ghia

How could the rego be changed if the car has finance on it? I didn't think that was possible without permission from the finance company?

As far as I know, that is not true. At least not in WA.
When the finance company was looking to repo my brothers xr8, he unregistered it and put it in hiding. When he got on top of his repayments and was allowed to keep it, he re-registered it and changed the plates.
No permission needed. They didn't even know the car was unregistered lol

scottyg938 · 23-07-2015, 04:18 PM

Quote:

Originally Posted by Adamz Ghia

How could the rego be changed if the car has finance on it? I didn't think that was possible without permission from the finance company?

not sure if that's the case.
I sold my old motorbike with finance owing on it, then paid off the rest of the amount owing with what I sold it for, but as far as i'm aware the new owner changed the rego into his name before all the finance had cleared on it

T MAN · 23-07-2015, 08:33 PM

perhaps transferring the rego to a friend or family member, then get that friend to then report the plates as stolen or lost, get new plates issued then transfer it back to you creating a paper trail that may or may not make it difficult for the finance company to trace the vehicle if the first guy stops paying..

I do know of a guy from qld that had a bf xr8 and decided he just wasn't going to pay for it, he packed up moved to nsw re registered in nsw and never heard from the finance company and is still driving the car 5 years later.

zilo · 23-07-2015, 10:46 PM

yeah...strip the car, sell the parts and cut your losses.

Let them reposess it after its been stripped?

khodeer · 24-07-2015, 05:36 AM

Yeah you guys are right I went to the police and they said it was a civil matter they couldnt do anything
Finances werent in my favour so I didnt resort to the courts etc
I could have went the backway and did things to allow me to keep the car but at the end of the day I wouldve never been truly happy knowing the situation and conclusively, that the car isnt even genuinely mine
I sold it to a guy for $1200 with 10 months reg on it and he can do whatever he wants with it, as long as the car wasnt in my name anymore the burden was off my back

You live and you learn surely ill be doing the check before purchasing any second hand vehicle

xxx000 · 24-07-2015, 06:25 AM

Quote:

Originally Posted by Adamz Ghia

How could the rego be changed if the car has finance on it? I didn't think that was possible without permission from the finance company?

Rego is not proof of ownership so registered owners name is irrelevant and not a matter the finance company would worry about

**Polyal** · 24-07-2015, 07:32 AM

Quote:

Originally Posted by khodeer

Yeah you guys are right I went to the police and they said it was a civil matter they couldnt do anything
Finances werent in my favour so I didnt resort to the courts etc
I could have went the backway and did things to allow me to keep the car but at the end of the day I wouldve never been truly happy knowing the situation and conclusively, that the car isnt even genuinely mine
I sold it to a guy for $1200 with 10 months reg on it and he can do whatever he wants with it, as long as the car wasnt in my name anymore the burden was off my back

You live and you learn surely ill be doing the check before purchasing any second hand vehicle

Hang on...are we talking about the same black AU XR6?

Sam_Boss260 · 24-07-2015, 09:11 AM

Quote:

Originally Posted by khodeer

Yeah you guys are right I went to the police and they said it was a civil matter they couldnt do anything
Finances werent in my favour so I didnt resort to the courts etc
I could have went the backway and did things to allow me to keep the car but at the end of the day I wouldve never been truly happy knowing the situation and conclusively, that the car isnt even genuinely mine
I sold it to a guy for $1200 with 10 months reg on it and he can do whatever he wants with it, as long as the car wasnt in my name anymore the burden was off my back

You live and you learn surely ill be doing the check before purchasing any second hand vehicle

So you sold the BF that you bought that had an encumbrance on it of $12k to someone else for $1,200? And they didn't do a revs check on it either?