Bank stole my car?

Landau Stable · 15-12-2010, 11:56 PM

Idk what the hell to do or where to go from here. I have had a Landau stored at a mates place for the last 2 years. Anyway, i have been told that he never recieved a letter, and was recently evicted by the bank. 2 days later he returned to the property (today) and noticed several vehicles missing. he is fighting it because he never recieved prior notice, and is trying to prove that he did in fact attempt to pay the bank. In the meantime, where the hell is my car and what have they done and how do i get it back? what do i do?

NickyN · 16-12-2010, 12:00 AM

First of all, can the bank remove property that doesn't even belong to the person who is being evicted? Does all property there automatically turn over to the bank?

Landau Stable · 16-12-2010, 12:02 AM

they claim that any property there now belongs to them. well since i have only been informed after removal, i fail to see how that can legally be the case. as far as i am concerned, it is theft. it is my car and i want it back.

Landau Stable · 16-12-2010, 12:03 AM

i do have a reciept of ownership dating back to 2008. the question is, what do they do with it? It was in need of resto. do these parasites just come in and crush everything?

**aussiblue** · 16-12-2010, 12:01 AM

Do you have proof of ownership? Was the car registered? In any event, contact the bank first thing by telephione to ask the question and then immediately follow up with a registered post letter providing evidence of ownership and asking for return of your vehicle. Then find a lawyer.

bolagnaise · 16-12-2010, 12:02 AM

Lawyer time I think. That's **** mate

**aussiblue** · 16-12-2010, 12:04 AM

The bank may claim the vehicles were abandoned at the premises by the evictee and they are clearing the property for re-letting or sale. The risk is the car has been crushed. You need to contact the bank ASAP but it may already be too late to rescue the Landau.

NickyN · 16-12-2010, 12:06 AM

I think you need to personally contact the bank and get info as well as copies of the letters they supposedly send out to your mate. This is theft of your property.

Serious? Remove and crush a car in 2 days? Without notifying the registered owner? That's illegal!

Landau Stable · 16-12-2010, 12:11 AM

it's unregistered. however, i believe one of the other vehicles belonging to another person was registered.

NickyN · 16-12-2010, 12:14 AM

Quote:

Originally Posted by Landau Stable

it's unregistered. however, i believe one of the other vehicles belonging to another person was registered.

Then that person needs to get involved ASAP too.... and demand an explanation and return of his car. Your car was unregistered but you have proof of ownership.... that is YOUR car.

dave351cid · 16-12-2010, 12:33 AM

i`d be seeing a solicitor first thing in the morning and proberly reporting it to the police as well, it is motor vehical theft after all. and be onto the bank as quick as possible as well so there is some chance to save your car, it might be in a holding yard somewhere . perhapes they auction things like that???.

**aussiblue** · 16-12-2010, 12:35 AM

You need to get something in writing to the bank by registered mail ASAP. A letter asking for your car back and copies of your receipt. If its been sold or crushed also a letter of demand for its value. It will be critical in whatever subsequently happens to show you acted to contact the bank in writing to recover your car as soon as you became aware that it had been removed.

Then contact the Australian Banking and Financial Services Ombudsman (BFSO) see http://www.accc.gov.au/content/index.../whichType/org
they at least will get to the bottom of what has happened.

It likely will be that the bank will be able to produce documentation that it gave the evictee adequate written notice and had reasonable grounds to assume that the vehicles had been abandoned or were the evictee's assets and that all such assets belonging to the evictee were secured by a bill of sale or some other security.

If you are worried about the cost of a lawyer you may find that if you belong to a trade union or motoring organisation they will have some free legal services you can access. It may be that all that is needed is a letter from a lawyer to the bank for the bank to realise it was your car and it needs to either return the car or settle with you.

The guy with the registered vehicle is going to be in a much stronger position because the bank will be expected to have checked the registration details. The bank should also have checked REVS http://www.revs.nsw.gov.au/ for all the cars so also do that yourself to see what it says about your car as well. Also let REVS know what has happened - they may at least record ownership as disputed that may prevent whoever now has it on selling it until the matter is settled. Not sure what the deal is in NSW but you may have to pay a small fee and full out a form to do this. You will need VIN/ body and engine numbers etc.

Maggot · 16-12-2010, 12:43 AM

Can you just report it as stolen, at least that way it makes it a bit harder to sell.

Landau Stable · 16-12-2010, 12:43 AM

aussiblue, thank you for the advice. i will get onto that tomorrow. my friend is also requesting that his lawyer speak directly with the banks lawyer tomorrow to find out where the vehicles are.

**aussiblue** · 16-12-2010, 12:46 AM

The Police are unlikely to be interested; banks simply don't usually steal cars and without a written contract between you and your mate, and most likely in the absence of reply by your mate to written notices from the bank it will probably able to reasonably claim you had effectively abandoned the car.

If the bank has actually acted improperly the Financial Services Ombudsman should be able to ascertain that for you but more likely it will find the bank sent your mate a number of notices including one relating to surrendering vacant possession of the property and advising that any property abandoned would be sold to partially settle debts etc.

Landau Stable · 16-12-2010, 12:53 AM

well obviously i didn't know of any trouble until after the car was taken. how do i prove that to the bank? anyone who knows me is well aware that i would never abandon any landau regardless of condition.

Brendo_GSUte · 16-12-2010, 12:52 AM

The bank is taking possession of items declared at the time of your friends application for his loan or what ever he declared as colateral when applying for his loan.

As long as you have proof of ownership (pink slip) the bank cannot take your car and you are quite entitled to declare it stolen (only do this after the bank doesnt co-operate) and get the police involved. No need for an expensive lawyer yet (although you would win hands down).

You car would have been taken by a debt collection company and they should really have itemised possessions better, or they could be under instructions to sieze all assests if yours mates in a real dire financial situation.

In the end give the bank a call and give them an oppertunity to play ball, if they dont hit em hard with said lawyer

NickyN · 16-12-2010, 01:05 AM

You've got some helpful info here.... good luck tomorrow, keep us updated. And yes, anyone who knows you KNOWS you'd never abandon a Landau. You'd save them all if you could.

**aussiblue** · 16-12-2010, 01:11 AM

I understand where you are coming from and sympathise but technically at least I suspect you will find that its will turn out its your mate rather than the bank that has failed you.

It's not unusual for a financial institution taking possession of a property for non payment of rent, mortgage or some other debts, to find it has to clear the property of junk including old cars. While they have to take all reasonable steps to ascertain ownership of any goods of material value they are not required to (and cannot do) exhaustive checks. In their mind the Landau may have had little value and being unregistered and perhaps not listed on REVS they had little capacity to check ownership. Your mate though should have received adequate and probably repeated written notice of the banks intentions and had ample opportunity to:

a) respond to the bank in writing and advise the bank that some of the vehicle were not his and identified the owners; and
b) advise you of the bank's proposed action and the implications for you car.

I'm not siding with the banks but I don't think the police will help. See what the banking ombudsman says anyway.

And yes I don't believe any Ford Forum members would knowingly abandon a Landau or any car but in law you may be seen to have done so particularly if you don't get something in writing to the bank by registered mail ASAP.

EB# · 16-12-2010, 05:39 AM

Has it actually been verified (in some fashion) that the bank has taken your car?
Assuming that they (or their agent) do have the car....

A few suggestions (along the lines of others posted also....):
- Lawyer-up, as the saying goes
- Get a diary and start taking notes/records of any conversations you have with anyone on this matter.
This includes date, time, who, details.
- Contact police and advise them of the event.
- Contact the bank by fax stating your case, and attach any ownership
details you may have. Attach also a signed letter from your mate stating that
the car does not belong to him and verifying the 'storage' situation.
Be precise and clear on all details including property details and estimated
time of the removal. Keep a copy of the transmission record of the fax
and mail an original. CC the debt collection agent, if its known who they are.
- See if a meeting can be set up to discuss the situation directly with the bank.

All the best mate, hope the situation gets sorted promptly.

Jim Goose · 16-12-2010, 07:09 AM

Quote:

Originally Posted by Landau Stable

Idk what the hell to do or where to go from here. I have had a Landau stored at a mates place for the last 2 years. Anyway, i have been told that he never recieved a letter, and was recently evicted by the bank. 2 days later he returned to the property (today) and noticed several vehicles missing. he is fighting it because he never recieved prior notice, and is trying to prove that he did in fact attempt to pay the bank. In the meantime, where the hell is my car and what have they done and how do i get it back? what do i do?

For starters its not theft, its a civil matter and Police wont be interested.
I would also question your "mate" who I think sounds like he is full of it.
In order to be evicted it would take a court order, the police, bailiff or sheriff show up as well as repo agents.
It sounds like he hasnt made any payments in a VERY long time on the home.
Banks do not throw peope out on the streets without warning (much as I hate banks).

I would ask your mate to see the eviction notice and see what it says about claiming items left behind after eviction.

T3ts50 · 16-12-2010, 08:21 AM

Quote:

Originally Posted by Jim Goose

It sounds like he hasnt made any payments in a VERY long time on the home.
Banks do not throw peope out on the streets without warning (much as I hate banks).

I would ask your mate to see the eviction notice and see what it says about claiming items left behind after eviction.

Exactky right. A person needs to be 90 days in arrears before the bank can even start to take any type of action. In that time the banks will make contact with the person to try and get the account in order.

Also banks dont usually repo anything, apart from what secures the loan i.e. property. This will then go on sale as a Mortagee's sale. The bank will take what it is owed the rest goes back to the mortgagor.

castellan · 16-12-2010, 11:32 AM

Quote:

Originally Posted by T3ts50

Exactky right. A person needs to be 90 days in arrears before the bank can even start to take any type of action. In that time the banks will make contact with the person to try and get the account in order.

Also banks dont usually repo anything, apart from what secures the loan i.e. property. This will then go on sale as a Mortagee's sale. The bank will take what it is owed the rest goes back to the mortgagor.

What if it's not with a Bank say aussie home loan ect do they have 90 days? As i understand it Banks are safer to deal with and are more restricted by laws than the other trash who are just basically brokers who loan from the Banks they don't have any real money behind them so they have to sell you up as fast as they can.

And could this in reality be what the fed gov is flogging on about now, to try to bastardise peoples home loan for a saving of bugger all.

like as if the gov are going to come down on the banks

when they basically own the others all that is happening is you are only going to be getting a cheaper shoddier insurance policy in reality.
Am i right or wrong.

FTe342 · 16-12-2010, 03:21 PM

Quote:

Originally Posted by castellan

What if it's not with a Bank say aussie home loan ect do they have 90 days? As i understand it Banks are safer to deal with and are more restricted by laws than the other trash who are just basically brokers who loan from the Banks they don't have any real money behind them so they have to sell you up as fast as they can.

And could this in reality be what the fed gov is flogging on about now, to try to bastardise peoples home loan for a saving of bugger all.

like as if the gov are going to come down on the banks

when they basically own the others all that is happening is you are only going to be getting a cheaper shoddier insurance policy in reality.
Am i right or wrong.

Wrong. You have NFI

banarcus · 16-12-2010, 08:13 AM

You're 100% on the money there Goose..

GT 160 · 16-12-2010, 08:27 AM

I think you'll find an eviction/reposession only covers the house and land as this is whats on the mortgage contract unless when applying for the mortgage your "mate" has put these vehicles down as his own assets.

Either way the bank would have tried multiple times to contact him before starting foreclosure.

Landau Stable · 16-12-2010, 08:30 AM

The car was never listed as an asset. it seems that the bank have repossessed the property and are clearing it out. my point is, how do i found out what they do with the items that they are removing?

GT 160 · 16-12-2010, 08:41 AM

Quote:

Originally Posted by Landau Stable

The car was never listed as an asset. it seems that the bank have repossessed the property and are clearing it out. my point is, how do i found out what they do with the items that they are removing?

Contacting the lender is your only option.

I've never heard of a lender repossesing assets on a property not related to the loan contract unless the borrower has declared bankrupt or the lender has applied to the courts to have the borrower made bankrupt which in that case they usually forfeit all/most assests.

If the police forcefully removed him then there's alot more to it then simply not making a payment, he's obviously refused to leave the property. Something doesn't seem right about all this, was the vehicle actually still there when the bank foreclosed. I'd be asking your mate some serious questions.

BENT_8 · 16-12-2010, 08:30 AM

Yep, cant see a Bank taking any interest in an old vehicle, they just want the house.
Seems funny they only took select vehicles...

What other vehicles were taken?

Landau Stable · 16-12-2010, 08:31 AM

Quote:

Originally Posted by BENT_8

Yep, cant see a Bank taking any interest in an old vehicle, they just want the house.
Seems funny they only took select vehicles...

What other vehicles were taken?

a couple of other partly stripped cars i believe. which is why i am very concerned that it is being scrapped.