Read This! Encomberance Checks!

[slipperywhenboosting]

I bought a rx7 three years ago and have since rebuilt the car from the ground up, put in a s5 13b turbo, completely overhauled the interoir, 18" mags, custom paint job, custom bodykit and lots of electronics and motor upgrades. Over $15000 was spent.

Two weeks ago i received a letter from savings and loans saying i must surrender the car to them due to an unpaid loan. i didn't understand this because i paid for the car outright. when calling them they told me that a loan was taken out six years ago for the car by a past owner and $5900 was still owing.

After seeking legal aid i was told i could either pay them $5900 or surrender the car. due to financial diffuculty as i am now a uni student and no family member or friend willing to help me out i had to give up the car.

Legal aid asked why didn't i get an encomberance (outstanding loan) check done on the car when i bought it. being ninteen i had no idea such a check could be done.

I have found out now that checks can be done for $10 at any registration department.

If you or anyone you know know is buying a car privatly or through a car yard, get this check done, even if you know the person you are buying the car from.

I will keep every one posted on what happens.

Thanx for taking the time to read this.

[B-Man]

Dude that is some fcuked up shite. But yeah - good to get a REVs check done on a private sale.

I dunno really how they get away with this (ie G'Ment)

Have you got the details of the dude you got if from ??

Good advice..... Seek as much legal as you can and keep us posted

Best of luck to you mate !

B-Man

[lwells]

Universities often have student loans with no (or very low) interest. If you need fast cash, that's probably a good option (although there is usually a $1000 limit unless you provide a reason I believe).

LW.

[PranK]

shit dude - sorry to hear it.... will they pay you for the difference in value?

either way..

[red900ss]

What a bummer.

Unfortunately as far as the law is concerned they own the vehicle and the person who sold you the car had no right to. At the end of the day all they want is some $$$.

Have you tried to come to an arrangement with savings and loan to pay it off? Ask to talk to a senior manager and explain your situation, then put it in writing. If it is not in writing it means nothing to them. You never know they may be amenable to a lower amount or a monthly payment.

You could also sell the car (acknowledging their encumbrance) and keep the difference. If you are going to do this, inform S+L and let them know it may take a while but they will get their money. Support your case with a copy of an ad to sell the car.

Another option may be to remove everything you put on the car than can be unbolted and give them whatever is left (then buy it back at auction).

Good luck whatever happens.

(for anyone in NSW buying a vehicle privately DO A REVS CHECK!)

B-Man, "I dunno really how they get away with this (ie G'Ment)" :confused:

If banks and finance companies did not have the basic right to secure property for which they were providing the finance there would be no lending for anyone to buy anything. It is not a scam. The scam in this instance is the vendor misrepresenting ownership of the vehicle.

Unfortunately for slippery ignorance is no excuse.

[B-Man]

Hi Dino, I agree about the lending, banks, security etc. And yes the owness is on the buyer to check encumerance out.

I am down on the G'Ment ATM cause I just got lumped with a $7800 Tax Bill - somehting about Superanuation Surcharge - WTF ?? - I have NFI what this is all about - But fancy lumping $8K bill on you just like that ?? Needless to say, I will be talking to Tax and Legal about it.

Same with Slipery.... It's a tough call.

What I mean by the G'ment getting away with it (should have explained myself some more) is that in cases like these , maybe the G'Ment should mediate and set up some form of schedule or somehting - or go after the fcker who defaulted in the first place.

The damn bank prolly gets $$ twice - once from the loan defaulter and again from the innocent (but ignorant) new owner - well not new, this loan is 6 years old - Pity it didn't kick in after the statute.....

It all sux......

Now I might have to sell the Gloria .......

[red900ss]

Yeah pity there is no "protection" for the consumer as you say. I agree 100% but their response would be "should have done a check, that's why we provide the system".

o/t - re. Superannuation Surcharge Levy :hellpisd: don't even get me started.....I'll see if I can dig up some public info for you. Our prof. association has been on this for ages...what a ****ing rort for "the man". :cuss: :goddam: :spew:

[B-Man]

:werd:

:hellamad:

[Merli]

You could also sell the car (acknowledging their encumbrance) and keep the difference. If you are going to do this, inform S+L and let them know it may take a while but they will get their money. Support your case with a copy of an ad to sell the car.

Can he do this? Isn't this just as illegal as the first person who sold the car to this guy?

Surely to sell the car, he would have to pay S+L their $5900 first, otherwise he'd be selling something that wasn't his?

[red900ss]

Nope, he would have to get a cheque for $5900 for S+L, or the buyer pay S+L directly, and the balance to slippery.

If the person buying it had any sense they would already know there is a lien on it.

[carlo]

Well you have a few choices.... (not that I know your legal rights.. if you have any)

1. Strip the car and hand it back

2. Counter sue the guy who sold you the car

3. Talk to S+L about it, see if they will do you a deal?? Most banks love to give out money so they might help you out.

I am surprised that they dont go after the guy who used to own it!!

[Moanie]

I don't think the guy who sold slippery the car can be held responsible...ie, slippery has taken on the debt when he took the car, just because he didn't do the revs check....thats the way i understand it...which is why a revs check is always recommended before buying any car....

slippery - so sorry to hear! especially since you put alot of money and effort into rebuilding the car wasn't it possible (like a few others have suggested) to sell a few parts to get some money? and maybe get a loan for the rest? that'd be a better option than selling your pride and joy?!

[carlo]

I don't think the guy who sold slippery the car can be held responsible...ie, slippery has taken on the debt when he took the car, just because he didn't do the revs check

Yeah I think your right moanie. When I sold my celica (traded in on the skyline) the debt went with it, and the dealer paid off the loan..