Help! Bought An Encumbered Car And Credit Corp Are After Me

[miguel2015]

Hi Guys,

I REALLY need your help in this.

I am a new migrant in Australia (few months ago).

I bought a car from an individual and did what common sense dictates by going to the Police and RTA to ask them if I can proceed with the purchase and they confirmed.

At that time, I had no idea absolutely that a car can be on a loan and the RTA does not know! Where I came from, the car's rego is plastic and has a stamp on it indicating that "this car is under finance and sale is prohibited" and the RTA equivalent in my country are notified with that.

Now, the car needs mechanical repairs that costs big sum of money and I cannot afford it. So I decided to sell it. the buyer did a rev check and found that it has a loan against it.

In return, I called the company listed in the report (Credit Corp) and told them my situation and that I am a victim of fraud and even offered to give them the details of the person who sold me the car so that they can go after him and remove the encumbrance of the car for me. However, they did not accept and asked me to make an offer for them.

I am on a very low salary here and I told them that. But since I am worried the car may not last till I settle things with them and the engine may be damaged at any time, I offered them $1,000 (they said the loan on the car is $6,000).

Till now I have not heard from them and I am worried that the car can collapse any time and I will lose my money!

What to do? please advise me guys

Thanks

[milanr34]

Sorry to hear that.

Your best bet is to seek legal advice. I remember a case couple of years ago where the similar thing has happened. There was an encumbrance against the car, seller sold it to the buyer without the buyer doing the proper checks.

Buyer had to get a lawyer and after a few hearings won the right to wont he car. **This doesn't guarantee this will happen in your case**

What was noted in your "Contract of Sale"?

When I did mine I made sure the necessary checks were done but I also had a clause to state "if there is any encumbrance on the car it is the responsibility of the seller to clear it as they are liable with any money owing on this car".

Sadly it will be your word against theirs and you will need to provide proof that you are the new owner.

You also need to look at it from the companies point of view. Money is owned and a third party has their collateral its only right by them to try and obtain it.

My advice is for you to gather all your documentation and seek legal advice is the company wont budge.

[Ben C34]

Man that sucks.

[GTR-N1]

milanr34 offers good advice.

[XGTRX]

Just go and see Uncle Bruno at the coffee shop I think he runs some sort of mediation meetings.