Car reposession laws

[Cuey]

Guys,

I've got an interesting one for you.

My girlfriends Stepmother bought her a small car for $4000 almost 4 months ago. My girlfriend has been paying off the loan since, and is yet to miss a payment and has the receipts.

In the last few days there has been a falling out, and the stepmother is now threatening to reposses the car, based on she asked the Car wholesale dealer who is a family friend to mark down the car as encumbered.

I can't do a REVS check today because they are not open on Sundays, but just wanted to get your thoughts on it.

Key points
No Contract was singed between my gf and stepmum
Girlfriend has receipts to say that she paid for it
Girlfriend has rego slip in her name
Can stepmum reposses the car?
No payments have been missed

Any help or thoughts would be much appreciated...

Thanks heaps

[ebxr8240]

Who was the car bought for ??
Possession is 9/10's the law..
Payments are made...So finance company can't do anything...Imo..
Its a civil case.. Between step mum & girl friend....

[rag top]

What about an online REVS check??

Who's name is the loan in?

[Kryton]

Originally Posted by Cuey

Girlfriend has rego slip in her name

thats about all we need to know.
the answer is: its your GFs car, its in her name.
you also have reciepts to prove that it has been/is being paid for.
tell the hag to GFHS.

[Nostalgia]

Originally Posted by davway

thats about all we need to know.
the answer is: its your GFs car, its in her name.
you also have reciepts to prove that it has been/is being paid for.
tell the hag to GFHS.

Im inclined to agree with davway. His "straight to the point reply's" have me in fits of laughter at times.

[Jason[98.EL]]

the only way the finance co (if there is one ) can take the car from your gf is if she is on the contract papers for the finance if not the car is your gf clear no title

B.T.W i have been through the reposetion thing in the past and i got asked all those same questions before the come and took my car

jason

[ZA-289]

Originally Posted by davway

thats about all we need to know.
the answer is: its your GFs car, its in her name.
you also have reciepts to prove that it has been/is being paid for.
tell the hag to GFHS.

GOLD!

And 100% true.

[wodahs]

Originally Posted by Grimus

the only way the finance co (if there is one ) can take the car from your gf is if she is on the contract papers for the finance if not the car is your gf clear no title

B.T.W i have been through the reposetion thing in the past and i got asked all those same questions before the come and took my car

jason

we are going throu this atm and for the last 12 months
we got a car from a bloke and his girl , car was lic in her name and she signed the transfer papers and we got a stat dec stating no finance on it

but on further checking he got a jp to sign the stat dec that he had no finance owing on it
BUT they both took out lown together and used this car as backing and yes defaulted ( way before we got the car ) and yes now the finance co is looking for them and wants the car
and throu what we have gone throu , it is legaly the finace companiys car now and we have to chase up them for our monies

finance co/ was told that if thay wanted to come get it ( np ) but they were told it was up the farm ( some were on the 30,000 hecter property ) being protected under law 303. untill the situation was resolved , untill then it was staying ours and sofar we havent at this stage heard any more

[BENT_8]

Originally Posted by davway

thats about all we need to know.
the answer is: its your GFs car, its in her name.
you also have reciepts to prove that it has been/is being paid for.
tell the hag to GFHS.

Easy as that!

Even if there was a finance co. involved as long as the payments are being made they wont care who has the car, there not in the business of sorting family disputes.
The car is registered to your GF then it's legally her car as the rego is it's title and the title names her as the owner.

[aussiblue]

This is really a questions for a lawyer with all the facts at hand. I'm not a lawyer and we clearly don't even have half the facts.
But some questions:

a) what State are you in so we can check the related legislation and provide better advice.

b) When did she:

asked the Car wholesale dealer who is a family friend to mark down the car as encumbered....?

If at time of purchase and with the girlfriends knowledge it may depends on the details entered into REVS but the receipts should be good evidence of the contract and her compliance with it. One risk is if the falling out was precipitated by some action or failure of the girlfriend to do something that was a specific or implied part of the contract or can successfully be argued to be a specific or implied part of the contract. There might be other circumstances that validate repossession: e.g. if girlfriend or acquaintance has used the vehicle to commit a crime (incl traffic offence).

If the REVS details were entered after the sale and after falling out and without the girlfriends agreement the Car wholesaler and step mother may be involved in a criminal attempt to defraud girlfriend if they have stated they intend to repossess it and if this is reallly the case and they try to reposses the car it might be worth taking that issue up with the police. If they are only entering it in revs, and not trying to repossess it, the receipts duplicates are probably evidences of valid encumbrance and reason for an entry in REVS but you need to check your State's legislation or ask the Government agency that manages REVS.

I suggest you try and get girlfriend to reconcile with stepmother if possible as assuming step mother hasn't done anything truly evil:

a) you may end up needing a lawyer and they don't usually come for free;

b) it is always better to try and build good Kama rather than prepare for battle;

c) I assume there is a father or other family members in the middle being torn apart by this dispute as well;

d) there must have been a good relationship at some point for step mother to finance car and perhaps on that basis alone she perhaps deserves some concession over this;

e) family disputes like this tend to poison relationship for years;

f) the later you leave it to reconcile the harder it will be;

g) I bet the situation is stressing both side and adversely effecting their mental and physical health; there may be regrets later if someone gets seriously ill or dies;

h) usually it only takes words to heal these things and if someone has to make an apology that they don't think is deserved they should feel better about being the better person.

i) it's time for the Christmas forgive and forget spirit;

j) life is just too short to spend time hating rather than loving ( sorry but us baby boomers were all 'make love not war' love children); : :disco:

k) often these things are about personal pride and somone being "willing to cut off their nose to spite their face" - don't let it be your girlfriend; and

l) there will be no outright winners if it goes to court and your GF will probably never feel totally happy about the car and the risk of revenge if she 'wins' the legal battle in court.

Is there a mutual friend or relative that can help arbitrate or negotiate a truce?

If you truly can't resolve it or mend the relationship your GF should look at getting a personal loan from a bank etc but this will still require negotiating a payout figure with the stepmother. It will be easier, cheaper and much more rewarding I suspect to negotiate patching up the friendship.

[Cuey]

Thanks heaps for the help guys....

We'll be going down to QLD Transport to look into a REVS check tomorrow.

Apparantly an individual can put down an 'interest' in the vehicle if it is purchased through a 'personal' loan.

There is no problem in paying back the car, we just don't appreciate the threat.

Cheers

[Cuey]

Aussiblu...just read your complete post

That's awesome

[Nostalgia]

Originally Posted by Cuey

Thanks heaps for the help guys....

We'll be going down to QLD Transport to look into a REVS check tomorrow.

Apparantly an individual can put down an 'interest' in the vehicle if it is purchased through a 'personal' loan.

There is no problem in paying back the car, we just don't appreciate the threat.

Cheers

So it was a personal loan yeah ?

[gngtho]

Hs she got a car loan or a personal loan?

If its a personal loan no one even the finance comp can take the car.

by leg the car can not be deemed encomberd under a personal loan as its states that the loan is personal and not for a specific thing.

as for the falling out her mother can not repo the car and also the car yard is not permitted to do such a thing as they have already recieved full payment of the vehicle.

if every thimg is in her name no one can touch this car.
the finance company if its a personal loan can only take other possetions to the total owed on the vehicle only if 2/3rds of the payments of the vehicle have not been met with.

ill get more info for you but four of my mates own their own car yards and even they tell me the contracts signed when buying a car especially a second hand one are not worth the paper they write on.

[devilcv8]

Originally Posted by davway

thats about all we need to know.
the answer is: its your GFs car, its in her name.
you also have reciepts to prove that it has been/is being paid for.
tell the hag to GFHS.

not exactly correct, unless qld is different to other states. Name on rego papers does not equate to ownership. Ownership is based on whose name is on the purchase receipt or if from a dealer, whose name is on the intent to purchase paperwork.
Although the GF has a claim based on making the loan payments.

[ebxr8240]

You [or g.f] should have bought a better christmas present....

[theunfairadvant]

Originally Posted by Cuey

Guys,

I've got an interesting one for you.

My girlfriends Stepmother bought her a small car for $4000 almost 4 months ago. My girlfriend has been paying off the loan since, and is yet to miss a payment and has the receipts.

In the last few days there has been a falling out, and the stepmother is now threatening to reposses the car, based on she asked the Car wholesale dealer who is a family friend to mark down the car as encumbered.

I can't do a REVS check today because they are not open on Sundays, but just wanted to get your thoughts on it.

Key points
No Contract was singed between my gf and stepmum
Girlfriend has receipts to say that she paid for it
Girlfriend has rego slip in her name
Can stepmum reposses the car?
No payments have been missed

Any help or thoughts would be much appreciated...

Thanks heaps

If the rego is under your gf's name then you are safe,
don't have to worry about repo anymore.

[BENT_8]

Originally Posted by devilcv8

not exactly correct, unless qld is different to other states. Name on rego papers does not equate to ownership. Ownership is based on whose name is on the purchase receipt or if from a dealer, whose name is on the intent to purchase paperwork.
Although the GF has a claim based on making the loan payments.

Ok, quick quiz, if a car gets stolen and recovered by the police who do they contact...the registered owner.
Because in their eyes it is the registered owner who is liable for it's existence.
As far as any reposession is concerned the police would only get involved if the car were registered to the Mother in law or what ever she is and it is deemed to be unlawfully posessed.
Other than that it is a civil matter and legal action would be advised.
If legal action were to take place the car would not be taken unless the M.I.L could prove that the car was hers in court, as there is no evidence of her paying for it upfront i would suggest that it would get thrown out of court as nothing more than a family dispute.

[aussiblue]

The most relevant legislation is the Motor Vehicles and Boat Securities Act 1986

http://www.legislation.qld.gov.au/LE...VehsSecA86.pdf

and the Motor Vehicles and Boat Securities Regulations 2005 http://www.legislation.qld.gov.au/LE...VehsSecR05.pdf

There are provisions for penalties for giving false information and making false declarations and processes to apply to correct errors in the register.

REVS can usually be accessed online and by phone. I will try and track down some links.

[aussiblue]

Telephone: 13 13 04
Telephone: 13 13 04
Monday to Friday 8.00am - 6.00pm
Saturday 8.00am - 4.45pm

[aussiblue]

How do I get the certificate?
Make a quick phone call and provide key details such as the:

Vehicle's registration number
VIN or chassis number
Engine number

[aussiblue]

If you buy a vehicle from a licensed motor dealer, by law you must be provided with a REVS certificate.
Has your girlfriend got a REVS certificate from when she bought the car?

http://www.consumer.qld.gov.au/OFT/O...6?OpenDocument

If you are buying privately it is your responsibility to get the certificate. The certificate protects you against repossession, provided you buy the vehicle before midnight on the day the certificate is issued.

[aussiblue]

It might be in your Girlfriend's interest for her to immediately fax the CEO of Fair Trading Qld on (07) 3246 1519 with the:
a) rego;
b) vin number;
c) engine number;
d) year, make and model of car; and
e) when it was first registered in her name.

She needs to advise that the car was purchased with a personal loan on date DD/MM/YYY, that she has been made aware of an intent to register a security interest without her approval, and that, as it was purchased with a personal loan and she is not in arrears with any repayments (assuming this is the case),she would object to any registration of any encumbrance or security charge over the vehicle.

This might stall registration if not forever, at least until they are satisfied of the legitimacy of any requested registration. Follow the fax with a certified mail letter.

This might also enrage the step mother too so you need to weigh up the pros and cons of this course of action and consider if it might not be better to agree to having the loan on REVS in return that the existing informal loan and repayment agreement be put into a formal contract (the least your girlfriend should expect). Of course this all means that GF will also have to advise her insurer that it is now an encumbered vehicle. Such an agreement should protect both parties and should move it into the preferable arena of a business arrangement rather than a personal arrangement.

[aussiblue]

PS I gather such loan agreements are stamp duty exempt in Qld but check with your Office of State Revenue. See http://www.osr.qld.gov.au/taxes/duti...es/index.shtml

[Cuey]

The receipt for puchase is in my girlfriends name, and also the rego.

No contract has been singed between my gf and stepmum, it's more of a gentlemen's agreement. It has only now been brought to light that the step mum has apparantly registered and interest in it.

All your help is much appreciated

[Cuey]

Originally Posted by gngtho

Hs she got a car loan or a personal loan?

If its a personal loan no one even the finance comp can take the car.

by leg the car can not be deemed encomberd under a personal loan as its states that the loan is personal and not for a specific thing.

as for the falling out her mother can not repo the car and also the car yard is not permitted to do such a thing as they have already recieved full payment of the vehicle.

if every thimg is in her name no one can touch this car.
the finance company if its a personal loan can only take other possetions to the total owed on the vehicle only if 2/3rds of the payments of the vehicle have not been met with.

ill get more info for you but four of my mates own their own car yards and even they tell me the contracts signed when buying a car especially a second hand one are not worth the paper they write on.

The question is....

Can the stepmum ask the family friend to put down the car as being encumbered, when legally it isn't? As the car has been paid in full.

The car was bought in NSW by stepmum without my gf present. (We live in QLD) Receipt is in gf's name, rego (QLD) is in gf's name, but as far as i'm concerned, the car has been paid in full and is not used as security for the agreement between gf and stepmum, so we should be in the clear???

[Kryton]

seriously, ring the numbers youve been given.
im telling you straight, the car is your GF's, theres nothing the step mum can do about it at all.

clear this up, you said the car is paid in full?
your GF's paid for it in full?
or the step mum paid the car yard in full?

either way, the car yard has been paid, if the GF still owes the step mum then its a civil claim which will need to go to court, it will cost her money and the judge will laugh at her since your GF has done nothing wrong nor missed a payment.
like i said earlier: tell the hag to GFHS.

[devilcv8]

Originally Posted by BENT_8

Ok, quick quiz, if a car gets stolen and recovered by the police who do they contact...the registered owner.

They contact who they have details for, and yes that is the person on the rego papers. Are you saying it isn't possible for me to buy a car, have the receipt in my name but register the car in my son's name. The car is mine, rego doesn't mean anything.

Because in their eyes it is the registered owner who is liable for it's existence.
As far as any reposession is concerned the police would only get involved if the car were registered to the Mother in law or what ever she is and it is deemed to be unlawfully posessed.
Other than that it is a civil matter and legal action would be advised.
If legal action were to take place the car would not be taken unless the M.I.L could prove that the car was hers in court, as there is no evidence of her paying for it upfront i would suggest that it would get thrown out of court as nothing more than a family dispute.

if the mother in law has a receipt in her name then the car belongs to the mil. taking possession of it though will mean civil action. she can't report the car as stolen because it isn't, and the gf can provide receipts showing she is paying the loan, but again if the loan is in the mil name it complicates things more.

either way, the mil can't do anything unless she takes civil action.

[EA2BA]

Originally Posted by Cuey

The question is....

Can the stepmum ask the family friend to put down the car as being encumbered, when legally it isn't? As the car has been paid in full.

The car was bought in NSW by stepmum without my gf present. (We live in QLD) Receipt is in gf's name, rego (QLD) is in gf's name, but as far as i'm concerned, the car has been paid in full and is not used as security for the agreement between gf and stepmum, so we should be in the clear???

If they did mark it as something its not, i am sure a govt department )not sure which) would be very interested in revising the licence that has been granted to them.

[BENT_8]

Originally Posted by devilcv8

They contact who they have details for, and yes that is the person on the rego papers. Are you saying it isn't possible for me to buy a car, have the receipt in my name but register the car in my son's name. The car is mine, rego doesn't mean anything.

I think your missing my point mate, there is no reason for the GF to hand over the car to the MIL, even a finance co. cant enter private property to take it without a court order.
The way i see it the only way the MIL can get the car is if she had a court order to reposess the car from the GF and i doubt she would win.
If by some chance she rocked up on the doorstep and asked for the keys the GF would only have to ring the police who would come out and see who the car is registered to, sales reciepts aren't recorded as proof of ownership on a registration and the police can only go by the owners details as recognised by the dept of motor vehicles, in this case it would be the GF as the recognised owner and the police would wish all a happy new year and be on their way....civil matter.

You can buy a car and lend it to your son but from every dealing i've ever had with motor reg the registered owner is the outright owner.
the rego is the title, the name on the title is the owner, only a registered interest can be noted on the VSR if finance is involved. It doesn't appear on any rego details.

Infact if memory serves me right when a car runs out of rego it can be re-registered by someone else without even as much as a current rego slip, all you do is apply for a renewal of registration for an unregistered car.