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NSW Can Creditor Come Onto Property & Take Half-Paid Generator?

Discussion in 'Debt and Bankruptcy Law Forum' started by mrs.biggiemaan, 3 January 2015.

  1. mrs.biggiemaan

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    Hello, I bought a generator in 2012. The Generator was $7000, I paid straight on that day $3000. I received a receipt for that. We agreed that I will pay off the rest of the amount, this was a handshake agreement. Due to sickness, I was not able to pay of as much as I would like to. He received last year month for month $50 per week, he was happy with every amount he received, but once my bank account was empty, the direct debit stopped going to his account. He kept on telling people about my bad ways of paying my bills, even I explained to him what happened. He threatened me to just come and take the generator of my property if I do not start paying him money again. I finally managed to get together $30 per week and started putting it to his account last week. My landlord just rang me, he seen the guy and the guy told him, that he is going to come and take away the generator. I have paid over 50% and am showing the will to pay it off. Under Australian law, is he allowed to just come and take it like that?
     
  2. John R

    John R Well-Known Member

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    Hi @mrs.biggiemaan
    1. Did you purchase the generator from an individual or a business?
    2. Have you recently spoken to the "guy" directly to explain your current circumstances, confirm the current amount owing and your proposed payment schedule? (I understand that you agreed to pay off the amount - but its unclear as to the timeframe that you agreed)
     
  3. mrs.biggiemaan

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    The guy owns a business, a shop in town that sells parts for machinery and generators. But the receipt was from him as an individual. I spoke to him in november, I explained him my situation and he was fine with me paying off as much as I can afford.
    We spoke about the amount owing, but he never gave me a timeframe. I paid the last amount end of november. Now he is threatening to come to my property and take the generator off me.
     
  4. Sophea

    Sophea Well-Known Member

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    Generally unless there is a retention of title clause in the order or sale documentation - which provides that the vendor retains title to the goods until they are paid for in full, then they will have no right to simply come and take the goods. It sounds as though the intended arrangement was more of a no interest payment plan, of unspecified duration. The vendor still has the right to sue you for the balance of the monies, if an unreasonably long time has transpired and you have still not paid off the goods, however I don't believe he has the right to enter your land and take them back.
     
    John R likes this.

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