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Old 16-12-2010, 01:39 PM   #61
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Sorry to hear about your problem. It's always a risk that something like this can happen when others are minding your things. It's good that you've got through all the channels to contact the person who organised the removal. Hope they call you back and you don't have to keep chasing it up. It's hard to get a call back about anything these days. Good luck, and I hope your friend resolves their situation as well!
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Old 16-12-2010, 01:53 PM   #62
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bad sitch mate

like everyone has said record everything and stay on the phone to the tow company every 30 mins.

if you dont get to the bottom of it today i would contact today tonight like a earlier post said, they will sort it out quicker and cheaper than a lawyer as these farks dont want bad publicity so will just release it without fee quick smart
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Old 16-12-2010, 02:12 PM   #63
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Go and front the contractor who has the car, don't wait for him to get back to you.
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Old 16-12-2010, 02:27 PM   #64
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Reminds me of a story on the dodge charger forum, where a guy had his car being restored by a body shop, when they went broke, and the doors were locked by the bank, and none of the customers could get their cars back (eventually ending up in court or something).
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Old 16-12-2010, 03:21 PM   #65
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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.
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Old 16-12-2010, 03:42 PM   #66
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Foose isn't in town ???
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Old 16-12-2010, 05:01 PM   #67
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Quote:
Originally Posted by ebxr8240
Foose isn't in town ???


You would hope not

otherwise the Landau would get filled with bondo to high heaven ie bog

The Stable-meister has the talent to do nicer panel work
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Old 16-12-2010, 06:30 PM   #68
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Quote:
Originally Posted by HP4ME
mate report the car stolen and let your tax money do the hard work for ya, then tell your insurance company and get paid! simple.

watch how quikly it will turn up...

Possibly the dumbest bit of advice given so far....

The car hasnt been stolen for starters.
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Old 16-12-2010, 06:59 PM   #69
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Quote:
Originally Posted by davway
.

BTW, mates are like family - dont trust them, dont do business with them, dont lend them anything, dont do them any favours.
The lesson might have now been learnt, but you learned it the hard way it seems.

You must live a lonely life. Geez, I can get paint/ panel, exhaust systems, engine work done for the cost of materials by MATES. So not everyone is a mongrel.


Anyway on the subject at hand. The reason the bank would have taken the car, is because it was on the property. That simple.

Just because it's a Landau, to the banks that doesn't mean squat. They look at it as being a wreck that has to go from the property, so they can ready it for auction.

What I'd be doing is finding out the name of the company that took the car and go knocking on the door, with what ever paper work you have to prove you did own it. Hopefully, common sense will prevail and you get it back. However, be prepared for a fight, as it still may be difficult to actually prove it is still yours. After all the car is unregistered and your so called mate could claim that the car was his, therefore it belongs to the estate. It only takes some bodgy receipt to be written and you're screwed.

I don't mean to sound negative, but I have seen this sort of situation before and it did turn sour. I sincerely hope that isn't the case with you.
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Old 16-12-2010, 08:27 PM   #70
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Update. I am back to square one again. the company which prepares the properties called me back and stated that they haven't removed anything, and at this stage are not legally allowed to do so. so it means someone else has taken it. for now, i will try and chase up some pics from the guy who sold it to me, and i will post up the vin numbers as well as put it in the stolen cars thread. i will also contact ebay and aussie muscle cars etc with the vin. the next step will be to try and get a copy of that stock report from when the police and sheriff paid their visit. this should at least give me a proven time line. now, if the bank had already taken legal possession, and then the car was stolen while under their authority, then i would have to assume that they are liable for it's loss by not keeping it safe from theft or vandalism. it's been a very hard day.
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Old 16-12-2010, 08:36 PM   #71
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Quote:
Originally Posted by Landau Stable
Update. I am back to square one again. the company which prepares the properties called me back and stated that they haven't removed anything, and at this stage are not legally allowed to do so. so it means someone else has taken it. for now, i will try and chase up some pics from the guy who sold it to me, and i will post up the vin numbers as well as put it in the stolen cars thread. i will also contact ebay and aussie muscle cars etc with the vin. the next step will be to try and get a copy of that stock report from when the police and sheriff paid their visit. this should at least give me a proven time line. now, if the bank had already taken legal possession, and then the car was stolen while under their authority, then i would have to assume that they are liable for it's loss by not keeping it safe from theft or vandalism. it's been a very hard day.
That's bloody tragic!
I'm going to take a guess it could be someone related to the security that escorted him off the property? Since they wouldn't always be the most trust worthy guys. And they know that there is no one home
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Old 16-12-2010, 08:46 PM   #72
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Horrible story so far mate.
If I were you, I'd head over to the cop shop in person, be very polite and hope you're lucky and get a decent copper who'll spare you a few genuine minutes. Can't hurt to at least find out if you've got any options there.
Best of luck.
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Old 16-12-2010, 08:49 PM   #73
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Have you contacted REVS yet. It may be the best way to stop someone illegally or otherwise selling your car.
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Old 16-12-2010, 08:52 PM   #74
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Quote:
Originally Posted by aussiblue
Have you contacted REVS yet. It may be the best way to stop someone illegally or otherwise selling your car.
i'll do so first thing in the morning, though i thought it was only financed vehicles they deal with?
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Old 16-12-2010, 08:58 PM   #75
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You need to send REVs this form: http://www.revs.nsw.gov.au/pdfs/regcar.pdf
You are an "Other " being a dispossessed owner. But talk to someone there first. The $2.05 cost of registering it at REVs should reduce the chances of it being on-sold and incease your chances of recovering it.
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Old 16-12-2010, 08:58 PM   #76
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So if no one has removed the car where is it? Have you had a good chat to you mate? Was the car still there when he got evicted?

He would have known what was coming as it takes a lot to get somone thrown out of a home, he would have had countless warning letters, and he would have been given notice and a date when the property had to be vacated by. A mate would have let you know to get your car out prior to that date.

The bank is not responsible for your car in any way shape or form as the car should not have been there any more, for all you know they pushed it out onto the road and the council collected it as an abandoned vehicle. (this is what often happens, I have personally seen this done several times myself). So may be contact the council, but you would not like the result, as the cars council collects often get picked up with a truck mounted crane, and the vehicle is secured on the back of the truck by crushing it down with the crane arm, and they often stack 2-4 cars on top of each other for the trip back to the scrap metal yard.

I would speak to council, and most of all your mate who seems to have let you down big time.

Good luck with your search, hope all ends well as I would hate to see a Landau lost....
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Old 16-12-2010, 09:00 PM   #77
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Quote:
i thought it was only financed vehicles they deal with
Most often yes but the also record dispossessed owners' interests and stolen vehicles etc,
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Old 16-12-2010, 09:04 PM   #78
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As they say here http://www.revs.nsw.gov.au/about/faq.htm
Quote:
Other information

There may be other advisory information recorded about a vehicle or boat. This includes –

Vehicles reported as stolen from NSW, Vic, SA and Qld
Boats reported as stolen in NSW
Written-off vehicle alerts from NSW
Other information, such as NSW registration cancellations for fine defaults.
NB: This information is advisory only, and is not guaranteed by REVS.
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Old 16-12-2010, 09:05 PM   #79
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i will also give the council a shot too.
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Old 16-12-2010, 09:15 PM   #80
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It starting to sound like the car has been stolen by someone (your mate who is starting to sound more dodgey by the minute may even have illegally sold it if he was in dire financial difficulties).

In any event, I think you actually have enough evidence now to show this (or at least to indicate that the bank or administrator didn't do it) and you should now also go to the police and report the vehicle stolen. Doubtless your mate will be the first person they interview.
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Old 16-12-2010, 09:18 PM   #81
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A REVs search will also be able to show if:

a) your mate illegally gave it as security to a lender;
b) someone has recently financed its purchase.

All useful information.
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Old 16-12-2010, 09:27 PM   #82
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sounds like the trustee`s relationship with your mate was not a very pleasant one, perhapes they knew someone who wanted the car . they would have known when the place was going to be vacated.
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Old 16-12-2010, 09:36 PM   #83
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This sucks big time. Mate, you've got some very good advice so far and all I can add is that I hope the situation is resolved satisfactorily.
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Old 16-12-2010, 10:02 PM   #84
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Quote:
Originally Posted by aussiblue
A REVs search will also be able to show if:

a) your mate illegally gave it as security to a lender;
b) someone has recently financed its purchase.

All useful information.
Whilst valid points, not many lenders would lend against such vehicles givens its age

Lenders of last resort also need to be able to attribute a value to the asset somehow

They usually use glasses guide, autoedge etc

And its value would be very hard to determine givens its state
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Old 16-12-2010, 10:08 PM   #85
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Car is still showing as not stolen in NSW REVS

link
https://online.revs.nsw.gov.au/revs/public.htm

enter vin and reg no where vehicle is registered

or b. enter vin, sleect unregistered and enter engine number

If it was listed as stolen this would be reported also

REVS - shows if

1, a vehicle is encumbered (ie is used as security for borrings)
2. has been writen off - repairable write off or statutory write off (gets this information from NEVDIS)
3. has been reported as stolen

Results below:

Vehicle Enquiry Results
Registration Number: Request Id: 109906709
Registration State: Unr Date: 16.12.2010
VIN/Chassis: JG70PU12931K Time: 22:05
Engine Number: JG70PU12931K



--------------------------------------------------------------------------------
There are no encumbrances that match the quoted identifiers.
NO CURRENT RTA RECORD - PLEASE CHECK IDENTIFIERS AND/OR CONSIDER AUVIS
INSPECTION TO ENSURE VEHICLE IDENTIFIERS ARE CORRECT.
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Old 16-12-2010, 10:37 PM   #86
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Report the car as stolen asap.
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Old 16-12-2010, 10:54 PM   #87
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Quote:
Originally Posted by gcg2503


You would hope not

otherwise the Landau would get filled with bondo to high heaven ie bog

The Stable-meister has the talent to do nicer panel work
Na thats Boyd Coddington...
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Old 16-12-2010, 11:06 PM   #88
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How much of a 'MATE' is your mate?

Firstly banks go through the process as do debt collection agents of;

Obtaining Judgement.

Enforcing Judgement can be;

Writ on Goods (sheriff turns up and takes all goods bar your bare essentials, inc but not limited to vehicles/machinery.)
Writ on Title
Forced Sale of title
Forced Bankruptcy
Wage garnishee order *dependant on state*

I would suggest that your car may have been part of a Writ on goods, in which case you need to find out when this happened, and how long ago.. Curious how long ago did you see said vehicle?

I would be questioning your mate alot more and find out what is REALLY going on, as banks don't force sale unless this has been going on for well over 180+ days in arrears with NO attempt to rectify.
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Old 16-12-2010, 11:19 PM   #89
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^^^^^^^^^^^^^^

What he said, this did not happen out of the blue its been a long time coming and your mate would have known weeks possibly months ago, I have a feeling he is only telling you a small fraction of what really happened.
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Old 16-12-2010, 11:30 PM   #90
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He would have had a 1st arrears at 30 days, second at 60 days, then 90 days is when it starts getting serious... might I add there would have been a few calls to his known numbers by then.

120+ days you will generally get a notice of default or notice of intent for further action and calls to your references asking how to get in contact with you.

120-180days arrears you will have collection agents on your door step and id be surprised if they weren't delivering a judgement letter either at home or at your place of work.

So someone telling me they didnt know until they got kicked out.... sorry but I don't believe that for a second.
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