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.

[GTS-t VSPEC]

Yeah, that's happened to a Skyline owner in WA too, buyer beware:(

[MirKz]

i think here in WA, u get a REVS check (same thing checks for outstanding debt), its completely free, u just ring up about it... and any dealer u buy from is legally bound so that they cannot sell u a car that is encumbered.

[33Spec2]

yeh Liz aka Sneeza had sumthin similar she mite have sum advice for you

not good

[GTS-t VSPEC]

Russ, I left names out of my post in case the person didn't want to be identified.

[miss_petepie]

ah sorry to hear... nearly happened to me once with a car i was gonna get... i called them up and found out they had 10k owing... not a nice letter to receive in the mail....

[33Spec2]

yeh i know but she had a thread about it so its not sum secret and besides she would hav good advice

[taynewguy]

Yeah I had huge dramas trying to sort out REVS issues when buying my car recently.

DOCEP people were very helpful (albeit agonisingly slow), they kept me informed with all of their investigations, progress etc.

The REVS check is free over the phone....

Then you can purchase insurance against the check $10.

(note the insurance only covers you for "registered interest in the vehicle in WA)

I haven't got any nasty encumbered vehicle letter yet (fingers crossed).

[Sneeza]

Well at least you got a letter - a truck drove up to my driveway and dragged the car off it while i was in Singapore - August 2003. I did do a REVS check, I was aware the car was encumbered, I had the previous owner sign a statuary Decleration that he would pay his loan out with my cheque. He didnt - instead ran to the UK with my money.. I have now have a fraud charge against (as he defaulted on a signed contract) him and I am in constant contact with his bank to try and sort this mess out. What I should have done is made the cheque out to his bank.

I saw about 3 lawyers and they told me about extradition proceedings etc, which I cannot afford. They told me that we fall in a crack in the law where the banks debt comes first, not yours. If they have repossesed the vehicle, no doubt the bank will have some sort of charge against him. YOu can PM me of you want... I can try and help you out as best I can from what I am going through right now.

[Driver]

Does this kinda thing only happen with cars being sold within australia?

[Sneeza]

yes - its like colateral on your loan - some banks will encumber the vehicle others wont. What it means, if you default on the loan the bank takes the car to get its money back.