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NSW Bought Car from Friend - Now Demanding it Back - What to Do?

Discussion in 'Australian Consumer Law Forum' started by Lovett, 10 January 2016.

  1. Lovett

    Lovett Member

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    A bit of a long story but I'll try to make it short. My partner and I bought a Nissan Navara from our "friends" through a verbal agreement for $6000.00. We have paid $5000.00. He signed a receipt to state we bought it for $1000.00 (wrong, yes, but it's still a document) and every time we gave them money we wrote it down in a book and got them to sign next to the payment (no dates, though).

    He informed us there were no issues with the car and it would pass a pink slip easy. My partner booked it in but had to turn around and come home as the rear diff was making noise. My partner removed the rear diff and all the teeth in the centre bearing are chipped and the rear struts are bent. My Dad bought us a new diff for it which we are in the middle of getting put in.

    Now these so called friends are demanding the car back without returning the money and denying the damage found saying we have done it to the car, which had only been out the front of the house, then moved to the backyard and briefly on the road roughly 5ks. They have even started telling everyone and posting on Facebook that we have stolen the car off them.

    Can anyone tell me where do we stand under Australian Consumer Law? We don't need their drama for our family.

    Thanks.
     
  2. Tim W

    Tim W Lawyer

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    Why do they want it back?
    And what's with the falsified receipt?
     
  3. Lovett

    Lovett Member

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    Unsure of why we were friends, then they stopped talking to us and just started drama, making false accusations. Basically school yard stuff.

    With the receipt, that's just what he wrote on it. We just asked him to give use something for proof of purchase.
     
  4. scorpiosting

    scorpiosting Member

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    Hi, you have your receipt from them, even if it does only show $1000, it proves you bought the car fairly. The amounts in the book that they signed their names next to are also proof. If you don't have the dates then your bank statements may show where you took the money withdrawals out to pay it.

    If you can, try to get a copy of the Facebook posts where they accuse you of stealing, even if you take a pic of the posts with your camera & keep it. Falsely accusing someone of being a thief is defamatory & you can sue them for it at your local magistrate court. Especially after they gave you a receipt as proof of purchase. There was a recent case in Australia where an ex-wife accused an ex-husband on FB of being a violent abuser, he took her to court & won $12000 in damages.

    Good luck!
     

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