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Old 09-23-2002, 23:06   #1 (permalink)
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Should I bother to Sue???

Sorry if I can't spell but heres the situation.
Right about 2 months ago my car got stolen (Telstar TX5 turbo)
now my insurance company went to pay me out for the car and found that the car was under finance from the previous owner.
This annoys me as I did actully ask transport SA slacker and they said it was fine. However because I'm a stupid youngen I didn't get it in writing.
Now it's getting worked out so that I get my insurance money but have to buy back the salvaged car and give it to GE finance to get my insurance money. I have agreed to this because for the last 2 months I have had to catch a bus for nearly 3 hours every day to get to work and it's been A F$%KING NITEMARE!!!!!!!
Now obviously the previous owner has committed fraud by selling me the car and will be getting a kick up the bum from his finance company but I was wondering if I should bother going after the bastard my self.
All up my costs including the loss of the car is around $2000.
Any one else have experiance with the small claims court???
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Old 09-23-2002, 23:21   #2 (permalink)
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Well....all depends. Who do you need to sue? Can't sue the previous owner, cause it's up to you to check REVS to see if it's under finance. However, the previous owner should of told his finance company that he was selling the car, or something to that effect.

Personally, I'd speak to someone about it. If your going to sue, best that you sue the RIGHT people, rather than waste more money by going to court and losing. ALSO, once the small claims have ruled on the matter, it is final. There is no appeal.

If you go to court, makesure you have FACTS on paper. Try and get that person's name who said it was clear. Go back to transport department and get that info. Facts mean everything in a court case....you ain't gonna win squat by saying "I was young and stupid".

I don't want to discourage you from getting back what you lost, but make sure you do it right the first time. Sometimes it's best to cut your losses and start again.
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Old 09-23-2002, 23:29   #3 (permalink)
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I have a friend that bought a late model peogeot 206, the seller told him the car had been in a small accident and had been repaired, a mechanic did a roadworthy and his finance company also checked it out. At 1st service my friend was told that the car was ****ed. It had been written off quite badly and put back together poorly.

On legal advice he has taken the seller+mechanic+finance company to small claims tribunal. It has been over a year since he bought the car and has just had the hearing. (he has been catching public transport in the meantime) He has still not seen a cent.

While the scenarios are very different it can be a struggle getting money out of dodgy people and companies, and in my opinion there are far to many around in the industry.

If you decide to take that path be prepared for quite a long battle.

I hope it all turns out well for you.
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Old 09-24-2002, 00:15   #4 (permalink)
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The way it's been explained to me the person that sold the car was commiting fraud by selling something he didn't own.
he's the person that has cost me the money and the one I plan to sue.
I have a stat dec stating what I did when I purchaced the car cause I put a $100 deposit down and than contacted transport sa to make the checks.
I did this over the phone and have since been told that to do it properly you have to come in.
I called up about 7 months ago when I got the car and can't remember the person I talked to.
I'm going to obviously talk to a lawyer and don't think it will be worth my time. I do know from my own legal training that even if you win a small claims case quite often you have to sue again to actully force them to pay the money.
Just thought I'd get some opinions.
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Old 09-24-2002, 02:34   #5 (permalink)
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carazy - when you purchase a vehicle ALWAYS make the seller sign a receipt for the money you paid and have these words written on it:

sold such and such vehicle rego no. etc to mr. so and so for $xx.xx free of all debts and encumbrances.

Without this you may have trouble suing ... but see a solicitor ... ring around and find one who doesn't charge for the first visit.

"fraud" may be not something you can take to small claims (hope I'm wrong for your sake though) as it is a criminal offence and therefore handled by the cops.
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Old 09-24-2002, 02:37   #6 (permalink)
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BTW - you should report it to the cops 'cos they may just do something against the creep.
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Old 09-24-2002, 06:49   #7 (permalink)
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yeah to be honest I think I'm going to have to take this on the chin. I'm still going to be able to get the car I want with the money I'm getting (91 EA MPI SVO kit and alarm 5sp) and I'll be making a template for anyone I buy a car from to sign. I did get a reciept from the dude I got the car from but it just said that I paid him $ for it on the date with both signs on it.
Unfortunantly becuase of the fact that cases like this leave the consumer so unprotected unless there a car buying pro I may just have to arrange to have his legs broken. I hate to buy from dealerships cause there such a rip off but it seams to be the only safe place to buy.
The previous owner will be getting prosocuted by the finance company anyway becuse he commited fraud with respect to them aswell.
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Old 09-24-2002, 16:43   #8 (permalink)
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Well, you can always speak to one of those "Free" lawyers. Speak to someone at Centrelink to find out where the nearest one is to you. They offer advice, not a service.
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Old 09-24-2002, 16:55   #9 (permalink)
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I'd be wary about "free" legal advice, you generally get what you pay for...

Sorry to hear what happened carazy but I think you have little chance of getting your money back. Even if you did win your court case the guy can cry poor and say he'll pay it back at $10 a fortnight. An aquaintence of mine ran into the back of a late model BMW at a servo once, just being a dick and not paying attention. He was on the dole had no assets (except for the unregistered, unroadworthy sh*tbox he was driving) and the Beemer guy took him to court and he offered to repay $10 a fortnight. He made maybe a dozen or so payments and then stopped. He moved houses a couple of times and the court couldn't be bothered finding him so he basically got off scot free.
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Old 09-27-2002, 20:06   #10 (permalink)
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Yeah I've seen a lawyer and I could get my money back but it would be a stuff around with no real garentees. I did however get his address from my little meeting so I'm just going to break his legs ;-)
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