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SA Encumbered Vehicle Taken by Police - Any Recourse?

Discussion in 'Australian Consumer Law Forum' started by Sharon bates, 29 August 2016.

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  1. Sharon bates

    Sharon bates Member

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    Before anyone tells me this was stupid, I know, but we have bought a vehicle that, unknown to us, is encumbered. Firs time ever that I haven't checked the PPSR register. No excuses. But it's done now.

    We have had a visit from a nice policeman telling us they need to seize our car. He firstly told me it was stolen. Not sure why he would say that, probably irrelevant. But he is quite insistent that the vehicle needs to be at the police station tomorrow morning.

    My question is, do we have any recourse at all? What happens next? Do we have any chance at keeping the vehicle?
     
  2. Sharon bates

    Sharon bates Member

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    And further to my question. Why are the police involved? Since when did defaulting your loan become a criminal matter? It's all a bit shifty, because our local policeman has just come back to me and said they changed their mind, and after speaking to the attorney general they weren't pursuing the matter. I mean why would he tell me it's stolen, when the PPSR report clearly states it isn't, and then back down when I asked about that? It's all just a bit weird.

    So we have an encumbered, but not stolen vehicle. And the loan hasn't been defaulted, is still being paid regularly. I don't want to be a conspiracy theorist, but what the heck is going on?
     
  3. Tim W

    Tim W Lawyer

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    You never know, it might be true.
    There are in fact quite large numbers of police who do tell the truth.
    That said, it's pretty unlikely that the police will be involved in a purely civil action
    (unless it involves, say, a Property Seizure Order (by whatever name those have in SA).

    Is it registered?
    And otherwise roadworthy?
    What does the PPSR say about it?
     
  4. Sharon bates

    Sharon bates Member

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    Yes it's registered, insured, roadworthy and according to PPSR, encumbered but not stolen. After telling me it was stolen in the morning, and then having a visit from my husband who wanted details, he came back to see me at work to (quite sheepishly) tell me that it wasn't stolen after all; it's encumbered. And the police are no longer pursuing it any further but the bank still may.

    I get that. I'm just wondering why the police were involved at all, and why did a police officer lie to me? I'm still waiting to hear from the bank.
     
  5. Timnuts

    Timnuts Well-Known Member

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    The police will lie everytime just to make a good story up to put them in a good position
     

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