Car not paid in full, but not in my possession [Archive] - Beyond.ca - Car Forums

sr20s14zenki

02-22-2009, 07:41 PM

^ yep, agreed. No money, no car. I however wouldnt be suprised if its in a garage, since he knows you have a key. NEVER give your car to somebody without full payment. I have had SOOOO many people try to talk me into it. one guy tryed that with my rx7, i said nope, but you can give me whatever you got and ill sign paperwork and you can giv e me the rest and take the car. After a bit, he agreed. Ended well in that case.

kbakowski

02-22-2009, 07:46 PM

To be honest with everyone I don't care about the Balance he owes me. I just want the car back now he had 30 days to pay for it and screwed up.

TorqueDog

02-22-2009, 07:55 PM

Then take the car back. Done.

TomcoPDR

02-22-2009, 07:58 PM

Originally posted by TorqueDog
Then take the car back. Done.

dj_rice

02-22-2009, 08:01 PM

If you do take the car back and keep it, and wont let him pay the $1000 balance left, you will have to refund all his money

TorqueDog

02-22-2009, 08:02 PM

Originally posted by dj_rice
If you do take the car back and keep it, and wont let him pay the $1000 balance left, you will have to refund all his money ... less arrears interest. :D

kbakowski

02-22-2009, 08:12 PM

What and wait another 30 days for the Balance. If I keep it I will be charging him a rental fee wear and tear and any damages he has done to the car. I will be getting it all checked out as well.I don't know if he has bagged the crap out of it.

I'm am prepared to go to court.....

Towona

02-22-2009, 08:15 PM

Tell him to pay up by the 23rd else return the car or you'll report it as stolen. :devil:

Redlyne_mr2

02-22-2009, 08:20 PM

Originally posted by dj_rice
If you do take the car back and keep it, and wont let him pay the $1000 balance left, you will have to refund all his money

He's been driving it for a month... I'd keep at least $500.

dj_rice

02-22-2009, 08:22 PM

Originally posted by Redlyne_mr2

He's been driving it for a month... I'd keep at least $500.

True, keep whatever amount you see fit

SRT10Killer

02-22-2009, 08:26 PM

should just take full payments only, why would you want to chase people for your money ?

kbakowski

02-22-2009, 08:41 PM

Well when you have a signed agreement just like a dealership the money you pay in you lose it. So if he wants any cash back from me it's going to have to go to court. I waited long enough 30 days was more then enough time and tells me saturday he had to fix his other car up first and won't have the balance. Wrong words to be saying if you ask me and tells me that I'm his #1 priority from here on in.

x.staygold.x

02-22-2009, 10:10 PM

Take the car back if he doesn't pay. Plain and simple...

BlackArcher101

02-23-2009, 12:18 AM

You guys do realize that if the car has been registered in the new owners name and the bill of sale signed over, he can't take it back? That would actually be theft. Can't just go and take shit.

This is now a civil court matter in order to get your money or the car back.

rumeo

02-23-2009, 12:22 AM

Originally posted by BlackArcher101
You guys do realize that if the car has been registered in the new owners name and the bill of sale signed over, he can't take it back? That would actually be theft. Can't just go and take shit.

This is now a civil court matter in order to get your money or the car back.

According to OP though... bill of sale still says there is a balance owing...

kbakowski

02-23-2009, 12:42 AM

Well I phoned the police this evening to see what steps I can take of course the situation I was in. I told them that the car had to be paid in full by the date stated on the bill of sale that he signed and I signed that we both agreed upon. I still had a key for the car and he is fully aware of it.They pretty much told me theres nothing they can do under the circumstances cause I'm still the legal owner and have a lean on the car until he pays for it in full witch I have to wait until the day after the contract Date stated on the bill of sale to repo it. They pretty much told me I'm still the legal owner and he will breach the contract if he fails to pay the Balance. I was pretty shocked when the told me This.If i repo it He will have to take me to court for any of his exspenses to be refunded like his $1500 dollars down he put down on it. So I hope he comes through cause It still worrys me if I was to go get it back.

The last words I told him were borrow the money if you have to Cause I need my $1000 by monday like it states on the bill of sale after that comment He never text me Back.

BlackArcher101

02-23-2009, 12:59 AM

So the cops told you that you can repo it? Hmmm, I've heard the exact opposite... and directly from cops too.

You didn't tell me you had a lien on it... that changes things. I still stand by my opinion though that you can't just go and take it... you have to resolve it through the courts. I think the cop thought it was still registered in your name and he was "borrowing" the car until you received full payment. Who's name is it actually in?

Usually in these matters, cops will say "there are no laws being broken... it's a civil matter".

kbakowski

02-23-2009, 09:08 AM

No theres is no lein on the car towards myself. Just towards the new owner because it isn't paid for in full to the previous owner on the date signed on the bill of sale.They said theres not much they can do it if was to go get it back Because i still legally own the car. It will just become a civil suit if he wants the car back or any money back. I will call again to make sure I take the proper steps that I don't look like the bad guy.....One way or another I want the car or my money. I'm not a fianance company or a loan lender. Just a note don't buy a car If you don't have the money and a note to myself never again.

DayGlow

02-23-2009, 09:26 AM

you'll hear different things from different cops because they are not contract law experts and are only speaking from personal experience or what they have been told by others. We do know these matters are civil in nature and we do not intervene. Even if one party has possession and the other has legal ownership we won't force one party to hand over to the other unless there is a court order that has explicit police instructions included.

For more clear understanding of your rights under civil law you need to speak to a civil law expert, ie a lawyer.

Canaduh

02-23-2009, 09:29 AM

Either way the end result it sucks to see someone trying to be nice to someone getting screwed over. Hope you get it all resolved and he just pays you what you're owed.

canuckcarguy

02-23-2009, 10:40 AM

You should immediately register a lien against the car, and hope that nobody else beat you to it - nothing would have prevented somebody else from lending him money against the car at this point, and their lien would be valid (ie, if he went for a title loan, the lender would have done a lien search, found nothing, and felt free to lend him money). Register a lien immediately at a registry office. You'll need the year, VIN, and his name and personal information. Might as well do a lien search while you're at it to make sure it's worth your while.

Once you have a valid lien in place, assuming yours is the only lien, you can repossess it, but by law you have to hire a bailiff to do this for you. You're likely looking at a minimum of $500 to make this happen, probably more. You could go and get it yourself with the key, but bear in mind that you'll be breaking the law by doing that.

However, once you have possession, the cops likely won't come after you, and you shouldn't be charged with theft, they won't want to get involved in a civil matter. But it's a risky move, you should talk to your lawyer if you want to take that approach. And remember that if somebody has a lien ahead of yours, they can likely repossess it from you and you'll be liable for their costs...

Even if you get the vehicle back, you can't just pick an arbitrary sum to refund to him. Essentially, you've become the lender in a finance agreement, and he's entitled to his equity in the vehicle, less your costs. Realistically, if you hire a bailiff, he's unlikely to have much of a remaining balance after your costs, but document everything and be prepared for a lawsuit.

Good luck. PM me if you need the name of a good bailiff or need any more info.

em2ab

02-23-2009, 11:23 AM

Payed?
Witch?
Lean?
Worrys?
:facepalm:

If he paid you as compensation for the car, the car is his. Just because he owes you more money doesn't mean you can take the car back.....it just means he owes you more money which you have to take him to court for. It's the same as the Talon or Eclipse that some guy modified a cashier's cheque for last year. Gave the cheque for $10,000, turned out to be only for $10 but the car was legally his since he paid $10 for it. He just owed the seller the rest.

blitz

02-23-2009, 11:32 AM

The "new" owner should not have been able to register the car since he doesn't have a completed bill of sale. So shouldn't it still below to the OP?

canuckcarguy

02-23-2009, 11:42 AM

Originally posted by blitz
The "new" owner should not have been able to register the car since he doesn't have a completed bill of sale. So shouldn't it still below to the OP?

He has a bill of sale. It's just that there were terms on it. It's still a bill of sale. If the original owner maintained possession and only given him a deposit receipt, that would be one thing. But with a bill of sale, he can register it. Ever financed a vehicle? You'll get to register it, even though you haven't paid in full.

And even if he hasn't registered it, it's still in his possession, and the original owner will have to take legal action to get it back.

kbakowski

02-23-2009, 11:52 AM

Yha he text me 5 mints ago and pretty much told me ahh what can the cops do. I own the car now and laughed in my face....

On the bill of sale it says $1500 down as a deposit and $1000 balance oweing on it so there for the car isn't paid for and on the bill of sale it says the car is not paid for.

GQBalla

02-23-2009, 11:54 AM

i see

report it stolen

masoncgy

02-23-2009, 11:58 AM

...and the moral of the story is... NEVER TRUST ANYONE.

Period.

PS: Don't be nice to people just because they want to purchase something of yours. Just be patient, someone better comes along every time.

canuckcarguy

02-23-2009, 12:03 PM

Honestly, go register a lien NOW. No, you can't report it stolen. It's a civil matter, so you need a civil remedy. If somebody else beat you to it with a lien, you might still have some options, but for now, get the lien on there.

kbakowski

02-23-2009, 12:08 PM

There isn't any other liens on the car I know that for a fact. the only lien that will be on it will be the one I put on it.

canuckcarguy

02-23-2009, 12:13 PM

Originally posted by kbakowski
There isn't any other liens on the car I know that for a fact. the only lien that will be on it will be the one I put on it.

So you know for a fact that there's no lien? Hmm.

You know for a fact that he didn't go and get a title loan on the vehicle this morning? That would mean a lien. You know for a fact that he didn't go get a bank loan this morning? That would be a lien. You know for a fact that he didn't bring the car for repairs this week, and not pay the bill? That's a mechanic's lien. You know for a fact that he didn't sell the car this morning to somebody else? Okay, that's not a lien exactly, but you're still screwed.

Register a lien. Or, stay online and keep talking about it. Your call.

SmallClaimsAgen

02-23-2009, 12:16 PM

Always secure your debt, if a buyer claims he will pay later take a post dated cheque. If cheque bounces you sue for NSF check. Bouncing cheque (I believe) is also a criminal offence. Gives you more 'leverage' to extract payment.

You already know why this is a good idea,

good luck

M

kbakowski

02-23-2009, 12:30 PM

I already have been to the registry thanks and put a lien on the car.

Scope951

02-23-2009, 01:03 PM

Originally posted by kbakowski
Yha he text me 5 mints ago and pretty much told me ahh what can the cops do. I own the car now and laughed in my face....

On the bill of sale it says $1500 down as a deposit and $1000 balance oweing on it so there for the car isn't paid for and on the bill of sale it says the car is not paid for.

that is unbelievable.
Please persue this to the fullest extent!
you cannot let this guy get away with it, I honestly want to see the kind of person that would pull a stint like this.

no shame at all.

best of luck!
keep us updated

yanivbar

02-23-2009, 01:08 PM

Post his name.

GQBalla

02-23-2009, 01:14 PM

post name and car info!

kbakowski

02-23-2009, 01:22 PM

Thanks man.

zieg

02-23-2009, 01:28 PM

Here's an idea.. if it might be illegal to take the car back with the key.. just go find the car, open the thing up and put a club on the steering wheel or something. Might work?

em2ab

02-23-2009, 01:29 PM

Take the wheels as collateral.

psycoticclown

02-23-2009, 01:34 PM

Originally posted by ZiG-87
Here's an idea.. if it might be illegal to take the car back with the key.. just go find the car, open the thing up and put a club on the steering wheel or something. Might work?

Bahaha, that's brilliant. Works perfect, he can't drive the car, can't prove it was you who put it on, has to spend his own time and money to rip it off. And just keep putting them on haha.

MintRacer

02-23-2009, 01:36 PM

Originally posted by ZiG-87
Here's an idea.. if it might be illegal to take the car back with the key.. just go find the car, open the thing up and put a club on the steering wheel or something. Might work?

Bwahaha.. reminds me of the episode of the simpsons going to new york, and homer getting that big wheel lock on his car.

kbakowski

02-23-2009, 05:47 PM

Yha I'm pretty much hooped he's right he owns the car. theres nothing I can do from this point on but take him to court and hope he pays. Doesn't matter contract or not he has all the say in this one from the way the law looks at it.

spikerS

02-23-2009, 06:43 PM

1) take the bill of sale with your agreement down to the registries office.

2) register the lein on the car for the $1000 owing.

3) look up a civil enforcement agency in the yellow pages and hire one to recover the vehicle

I have had to do this before and it is really easy. I used a company called allied civil enforecement. they went and picked up the vehicle with a tow truck, and brought it back to my house where i parked it in the garage until it was paid in full. In my case, he did not pay the full amount so i sold it again and kept the original money.

let me know if you have any questions.

*edit* banks do this all the time. when their client borrows money to buy a vehicle, they dont put the banks name on the bill of sale. sometimes they register a lein on the car right away, other times they will register the lein when their client falls behind on payments so they can re-posses the car. In this instance the OP is the bank, and what I laid out above is a legal and easy way to get the vehicle back.

and i forgot to mention, all costs of recovering the vehicle are passed back to the purchaser if he wants the car back. Win - Win for you.

kbakowski

02-24-2009, 11:14 AM

Update:

There is a lien on the car cost of $18 dollars at the registry

Just waiting for a call from the Bailiff company and a price for them to Repo the car for me.

Tarrantula

02-24-2009, 11:24 AM

It cost you 18 to put the lien on? or.. its an 18$ lien? either way.. nice.

urban.one

02-24-2009, 11:30 AM

http://forums.beyond.ca/showthread.php?s=&threadid=250477&perpage=20&highlight=&pagenumber=1

Tarrantula

02-24-2009, 11:31 AM

Originally posted by urban.one
http://forums.beyond.ca/showthread.php?s=&threadid=250477&perpage=20&highlight=&pagenumber=1

^^ And? Your point?

kbakowski

02-24-2009, 11:32 AM

yha theres a $14 dollar processing fee and 2 dollars for every year. So I put a 2 year lien on it.

urban.one

02-24-2009, 11:32 AM

only pointing out OPs bad luck

kbakowski

02-24-2009, 11:34 AM

urban.one Wrong car dude that has nothing to do with that thread.

Yha and I have to say I've had some bad luck...

TKRIS

02-24-2009, 11:38 AM

I don't think you get to blame a situation on "bad luck" when it was primarily your own doing.

Glad you're getting everything sorted though.

Rat Fink

02-24-2009, 11:46 AM

alloroc

02-24-2009, 12:39 PM

Honestly ...

Post his name and a picture!

Scope951

02-24-2009, 02:46 PM

Originally posted by spikers
1) take the bill of sale with your agreement down to the registries office.

2) register the lein on the car for the $1000 owing.

3) look up a civil enforcement agency in the yellow pages and hire one to recover the vehicle

I have had to do this before and it is really easy. I used a company called allied civil enforecement. they went and picked up the vehicle with a tow truck, and brought it back to my house where i parked it in the garage until it was paid in full. In my case, he did not pay the full amount so i sold it again and kept the original money.

let me know if you have any questions.

*edit* banks do this all the time. when their client borrows money to buy a vehicle, they dont put the banks name on the bill of sale. sometimes they register a lein on the car right away, other times they will register the lein when their client falls behind on payments so they can re-posses the car. In this instance the OP is the bank, and what I laid out above is a legal and easy way to get the vehicle back.

and i forgot to mention, all costs of recovering the vehicle are passed back to the purchaser if he wants the car back. Win - Win for you.

Solution?

gatorade

02-24-2009, 03:36 PM

what type of car was this and who was this guy, what an asshole

blinkme_210

02-24-2009, 03:39 PM

Do what spikers laid out, and keep the money for all your troubles. There really are some stupid people in this world.

kbakowski

02-24-2009, 04:52 PM

Already done

Put a lien on the car Already

Called Bison civil enforcement agency everything is in motion it will cost me a bit but worth the hassel.

Can't wait to see his face when the bailiff shows up to take the car.. hahaha

drtoohotty1

02-24-2009, 05:03 PM

meet the agency there and take a video of the kids face!!!!!!

Weapon_R

02-24-2009, 05:08 PM

Originally posted by kbakowski
Already done

Put a lien on the car Already

Called Bison civil enforcement agency everything is in motion it will cost me a bit but worth the hassel.

Can't wait to see his face when the bailiff shows up to take the car.. hahaha

What costs are involved and how long does this process take?

Ajay

02-24-2009, 06:05 PM

What a douche. I'm glad you're repossessing the car.

This schmuck deserves a big smack upside the head.

He'll get what he deserves in the end. Keep us updated.

spikerS

02-24-2009, 06:07 PM

Originally posted by Weapon_R

What costs are involved and how long does this process take?

back in the day when I had to do this, i think it cost me close to $400.

Once i faxed them the written authorization to sieze the vehicle, I had it in my garage 2 or 3 days later as they had to locate it first.

G-ZUS

02-24-2009, 06:08 PM

psycoticclown

02-24-2009, 06:12 PM

Take a video!!! And post it on youtube :D

kbakowski

02-24-2009, 06:18 PM

it went up it's going to cost me $600 for them to repo it. But it will be worth it in the long run.

An agreement is an agreement!!! you just can't go around screwing people over and pay when it's convenient for them.

yellowsnow

02-24-2009, 06:19 PM

hope you keep his 'deposit' too. it's legally yours to keep if i'm not mistaken. you can say it's compensation for the repo fees, lien fees, etc

signature7

02-24-2009, 06:21 PM

I hope everything works out, it'll be a feel good story all around in you get your car back, 600 dollars or not. Too bad the parents are douche bags, my parents wouldn't put up with this shit, whether it's car money or lunch money.

drtoohotty1

02-24-2009, 06:21 PM

Originally posted by yellowsnow
hope you keep his 'deposit' too. it's legally yours to keep if i'm not mistaken. you can say it's compensation for the repo fees, lien fees, etc

exactly in the end you should be in the + in terms of dollars

gatorade

02-24-2009, 06:54 PM

hahha this is awesome, he wont see it coming

drtoohotty1

02-24-2009, 06:58 PM

Originally posted by gatorade
hahha this is awesome, he wont see it coming

unless he is on beyond....which is a good possibility and would ruin the perfect youtube video.

canuckcarguy

02-24-2009, 07:31 PM

Nice work, good for you. I hate it when scumbags get away with it. Document your costs, including any cleaning, reconditioning, etc, of the car when you get it back, so that you can justify keeping as much of his cash as possible. Remember that he will have the right to pay the balance, plus your reasonable costs, to get the car back. And as tempted as you'll likely be, don't throw out his personal effects, etc - box them up for him so you can arrange for him to pick them up. And of course, change the ignition out or park this car in a secure location, or he'll likely come and get it back.

canuckcarguy

02-27-2009, 05:06 PM

Any luck? You get your car back?

Thaco

02-27-2009, 05:21 PM

yeah, what's up with this, interesting read.

psycoticclown

02-27-2009, 05:54 PM

Originally posted by signature7
I hope everything works out, it'll be a feel good story all around in you get your car back, 600 dollars or not. Too bad the parents are douche bags, my parents wouldn't put up with this shit, whether it's car money or lunch money.

Werd. My parents would smack me and tell me to give $5 back, nevermind $1000.