about to cry!! - Page 4

gregg_13 · 10-01-2008, 01:36 PM

How about the fact that with a record you may not be able to travel to some countries in the future. Customs and Immigration have every right to view your record.

Kryton · 10-01-2008, 01:38 PM

Quote:

Originally Posted by XRQTOR

What industry is that mate.

PM'ed

XRQTOR · 10-01-2008, 01:41 PM

Quote:

Originally Posted by gregg_13

How about the fact that with a record you may not be able to travel to some countries in the future. Customs and Immigration have every right to view your record.

Unless your a rock spider or a drug dealer no dramas, And by drug dealer i mean big quanties. Get a visa and your right, where you'll get rewfused is if you dont declare the charges and they do a check.

devilracer_01 · 10-01-2008, 01:41 PM

Also job related if in the future he ever wants to work for customs,quarantine and airline and needs and ASIC he wont get one with a criminal record.

Keep your cool and do it all legally, I feel for you mate, but go the right way about it.

Just out of interest Im not sure how many would be interested, but if the kid does have to fork out and pay the loan out, how about us give him a hand and donate $10 each to him?

Seems like a good kid to me who has had the wrong thing done by him, not his fault.

Cheers

big fella · 10-01-2008, 02:03 PM

Quote:

Originally Posted by danieleast

now i wouldnt personally touch him. i know alot of people who can be very persuasive and i know he has nothing except a toyota surf which i have been informed if i dont get my money i will get that. will be forced to give it up. i want too do it legally but even the cops rekon ill get nothing in civil court so what are my options...i am young. only just 18. dont want a record but this is the sorta that can me up 4 life being 7 grand in debt and having nothing to show.

The Police are usually great people, and do a great job of maintaining law and order and investigating crime. They're not solicitors or barristers though, and have no real place to advise you on civil matters.

Take their advice with regards to the ramifications of taking matters into your own hands, that is their territitory.

Seek the advice of a solicitor dealing in financial matters for the likely outcome of any civil action. If you look around you should find a solicitor who will give you a free first visit where they will discuss the likely scenarios, all it will cost you is your time, then you'll be left with a decision.

Jeeepers · 10-01-2008, 02:09 PM

Quote:

Originally Posted by RSgerry

Daniel, no offence, but i cant believe the CBA would lend money to a young guy without taking secuity, especially on a 2002 vehicle as it still has 'value' in their opinion (it is cars over 7 years old that they apply $0 value to). just take one more look at the contract to be 100% sure. if it is unsecured, the contract will state this. you have nothing to lose at this point by having one more look at the contract.

They do, my son borrowed $7k for a VR commy and future mods. CBA, unsecured. What's even more scary is how they also upped it to 30k over the net. Again with only payslips. So beware, it's real easy to get buried.

As far as what I have read in here? Well I must say there have been some careless responses for an open forum. And some sound advice also. I hope this gets sorted soon for you Daniel, it's always sad to see this happen to decent, albeit naive young lads such as yourself.

I wish you luck mate.

Kev.

wodahs · 10-01-2008, 02:16 PM

just stumbled across this thread
if you do get him to coart and they order him to pay x amount you can ask for it to be a garnish payment from any of his earnings even center link , so aslong as hes getting some monie from some where your getting your cut first
wish i knew this befor i did my stupid thing when i was alittle older than you

Quote:

Originally Posted by XRQTOR

Off topic but how is an assult charge the end of the world assuming the guy even has you charged, how will it cost him anything other than a day in court and a kick in the ar$e. You get in more trouble for drink driving or high range speeding than you do for a general assult charge.

im only a truck driver
but i need a federal police clearence for the warf work i do ( to do with the terorism thing ) and what i did is still on my federal record not just my state one and i didnt even kill the bloke let alone put him in hospitle

and im still having repercussions for what i didnt do with the on going loan back then and all this was over 16 years ago now going throu ( hope ) the end of it for me getting a house in the next few months

Quicksand · 10-01-2008, 02:31 PM

Quote:

Originally Posted by wodahs

i need a federal police clearence

agreed, i work in I.T. and it's the same process for myself and all of my colleagues

gregg_13 · 10-01-2008, 02:35 PM

I'm a civil designer and when I was based in Darwin becuase of all the military bases up there we did alot of work for them as did alot of construction guys and you need full asio clearance to access the plans and some of the sites.

Jeeepers · 10-01-2008, 02:45 PM

I also agree. I went through a full security check for my MSIC (Maritime Security Idenification Card) in order to continue operating off the wharf. Assault charges severely affect these processes, and in the world since 9/11 these processes are more and more common. Please think carefully, for your own benefit in these matters.

XRQTOR · 10-01-2008, 03:39 PM

Quote:

Originally Posted by ORSMT

I also agree. I went through a full security check for my MSIC (Maritime Security Idenification Card) in order to continue operating off the wharf. Assault charges severely affect these processes, and in the world since 9/11 these processes are more and more common. Please think carefully, for your own benefit in these matters.

Assult charges do not seem to affect these, im in the transport industry and i have driver's in & out of the warfs all the time and they dont have issues. One has done a fair stint, nearly half his life for varies things & he has been inducted & cleared. These checks are more to identify what you have been charged with & to insure your not a terrorist.

gregg_13 · 10-01-2008, 03:44 PM

IIRC under the new US laws, any assault charge gives them reason to cancel, deny or suspend your visa or entry rights into the country, The young fellow who recently got let off for throwing the snowball was looking at being tossed out ofthe country had an assault charge been recorded against his name.

Basically what it comes down to, is do the right thing or dont get caught doin it. Hell im no Angel.

XRQTOR · 10-01-2008, 05:15 PM

Quote:

Originally Posted by gregg_13

IIRC under the new US laws, any assault charge gives them reason to cancel, deny or suspend your visa or entry rights into the country, The young fellow who recently got let off for throwing the snowball was looking at being tossed out ofthe country had an assault charge been recorded against his name.

Basically what it comes down to, is do the right thing or dont get caught doin it. Hell im no Angel.

Iv'e just come back from the states, hell they let me in. If you get charged while over there well thats a given if they toss you out.

danieleast · 10-01-2008, 05:40 PM

hmm. its still stuffed. i am so mad. like my parents offered to buy my car back for me. but i ripped their heads off. why should they have to buy it back ya know what i mean. its all anger at the moment. i threw my phone today at work at my tradesman because he laughed at me when i told him what happened. now thats not me in usually chilled out, this guy has pushed the wrong buttons. why should he get off without anything! its not fair

Kryton · 10-01-2008, 05:48 PM

Quote:

Originally Posted by danieleast

hmm. its still stuffed. i am so mad. like my parents offered to buy my car back for me. but i ripped their heads off. why should they have to buy it back ya know what i mean. its all anger at the moment. i threw my phone today at work at my tradesman because he laughed at me when i told him what happened. now thats not me in usually chilled out, this guy has pushed the wrong buttons. why should he get off without anything! its not fair

ill ask again, for the 3rd time.
what have you done about the situation since the car was taken?
what companies have you spoken to?
what did the CBA say about the situation?
what did the solicitor/lawyer say you should do?

nickd · 10-01-2008, 05:48 PM

Just read the thread
real sorry this has happened to you, I myself got my first new car at 29, always stuck with the older ones as I couldn't afford a new one.
Don't do anything stupid, do your homework get as much legal info as you can I know this will be tough on you but you must stand strong and move forward with a positive attitiude in life now tomorrow forever.
Let the legal system follow
goodluck

danieleast · 10-01-2008, 05:57 PM

well spoke 2 finance company...cant tell me anything, except they are selling the car. im getting legal advise tomorrow. the cba dont want to know about it.
the police think he has only broken the law of deception which is aparently new. and the police man said that i wouldnt get anything if he gets a good lawyer!

daniel

Kryton · 10-01-2008, 05:59 PM

so where does his Hilux that you said you would get come in to it?
and who told you you would get it?

pauljh74 · 10-01-2008, 06:21 PM

Quote:

Originally Posted by danieleast

well spoke 2 finance company...cant tell me anything, except they are selling the car. im getting legal advise tomorrow. the cba dont want to know about it.
the police think he has only broken the law of deception which is aparently new. and the police man said that i wouldnt get anything if he gets a good lawyer!

daniel

I'd say if he signed a sale contract saying there was no finance on the car when he sold it to you and now it's been repossessed, he's clearly broken the terms of that contract and therefore you are clearly entitled to compensation - the finance car took the car after he didn't pay his loan, so this guy owes you $8400. You'll probably have to go through a solicitor to get this money back in a civil capacity - the cops can't really help you there. If your parents are willing to buy your car back for you, take them up on the offer and pay them back later. If this gets sorted out down the track, you can pay them back quicker.

Another approach may be to start being a nuisance to the dodgy guy. Take a mate (as a witness) and turn up on his doorstep demanding your money. Just stand on his doorstep, don't try and force your way in and don't beat him up. Don't threaten to harm him. If he attacks you - make a complaint to the cops. If he attacks you on his property - sue him for damages even! He may just tell you where to go and close the door. If he threatens to call the cops unless you leave, leave after a minute or 2 (before the cops arrive). Do it a few more times and in the meantime, get a solicitor to draw up a demand for payment with threats of legal action if not settled immediately.
The idea is to operate near the limits of the law, but don't break them.

You might at least feel better if you P!ss him off a little. You'll feel even better if it works

danieleast · 10-01-2008, 06:29 PM

Quote:

Originally Posted by davway

so where does his Hilux that you said you would get come in to it?
and who told you you would get it?

mmm i cant legally get it. but either he will be forced 2 sell it...legal way or dodgy way persuade him to sell it 2 me for a nominated sum of zero dollars

danieleast · 10-01-2008, 06:32 PM

Quote:

Originally Posted by pauljh74

Another approach may be to start being a nuisance to the dodgy guy. Take a mate (as a witness) and turn up on his doorstep demanding your money. Just stand on his doorstep, don't try and force your way in and don't beat him up. Don't threaten to harm him. If he attacks you - make a complaint to the cops. If he attacks you on his property - sue him for damages even! He may just tell you where to go and close the door. If he threatens to call the cops unless you leave, leave after a minute or 2 (before the cops arrive). Do it a few more times and in the meantime, get a solicitor to draw up a demand for payment with threats of legal action if not settled immediately.
The idea is to operate near the limits of the law, but don't break them.

that was option b except take a big scary man to persuade him but im thinking that doing it legally will be better that way i wont go to jail. and its only money im losing

daniel

mattl · 10-01-2008, 06:33 PM

Quote:

Originally Posted by danieleast

mmm i cant legally get it. but either he will be forced 2 sell it...legal way or dodgy way persuade him to sell it 2 me for a nominated sum of zero dollars

Watch what you say on an open public forum mate! haha - All of this is very traceable..just be careful and don't say anymore then you need to!!

Yaw · 10-01-2008, 06:33 PM

Mate, i feel for you, i really do, by all means try to get money out of him, but since the finance company has been unable to i doubt even if you have a solicitor you will get anything. It sounds like he has nothing and therefore has nothing to lose by declaring bankruptcy, all he needs to do is list you as a creditor and he can virtually weasle out of the money he owes you and you can do nothing.
As I said by all means try but don't spend good money after bad on solicitor fees for a situation you won't win...A lot of solicitors have whats called a 20 for 20 service. in other words $20 for 20 minutes. Do this, outline the problem but if they give you the same advice I just did. DO NOT PURSUE IT. Just mark it dwn to an expensive life lesson, I don't want to seem harsh, but it may turn out that way.

Scott · 10-01-2008, 06:34 PM

It seems the amount owing would be more than the $8400 you bought it for. Have a read of this site:
http://moneymanager.com.au/tools/fac...t_default.html

boogernissan · 10-01-2008, 06:43 PM

thats just up

danieleast · 10-01-2008, 06:44 PM

stuff it ill just let the lawyers sort it out and hopefully i get what im owed

boogernissan · 10-01-2008, 06:45 PM

all you can do is the legal way,no point listenin to any 1 sayin to flog him or anything,these are and they do happen,legal is the only way to go

Scott · 10-01-2008, 06:46 PM

Just noticed that you can do a free REVS Check online. It's not the cert but it will tell you if a vehicle is encumbered:
https://online.revs.nsw.gov.au/revs/Public.htm

boogernissan · 10-01-2008, 06:48 PM

id be taken away in cuffs before i gave up my car

nickd · 10-01-2008, 07:01 PM

Quote:

Originally Posted by boogernissan

id be taken away in cuffs before i gave up my car

now now don't make the issue any better.

like the majority have said do it legally and you will be better off.
say if you do visit him take a tape recorder on yourself to record converstaion and if you can get someone to take video footage to match converstaion you may be able to produce in front of the courts make sure do not go by yourself take a guardian or someone who can 100% stick by you for witness.

Better leave it with the legal system find out as much as you can and on him.