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NSW Ex Sold Car Without Permission - Legal Under Property Law?

Discussion in 'Property Law Forum' started by Jo1079, 26 November 2015.

  1. Jo1079

    Jo1079 Member

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    Hi,
    I had an accident in my car and asked my boyfriend at the time if I could leave it at his place till I could afford to fix it. We broke up, and the verbal agreement was that he would take care of the car and that when I had money to tow it I could come collect it. A month after we broke up he texts me telling me it's on the street and the key is in a pot plant. I let him know that I can't afford to tow yet. No response from him at all till this day.

    I've tried calling him and texting and yesterday I found out he has sold my car to free car removal business (scrap yard) without my permission. He gave me no warnings or 30 days notice to come collect the car. What are my rights under Property Law here as the car was only slightly damaged and is worth about 10k.

    If I took him to court over this, would I have a leg to stand on? Also, you would think this is a chargeable offence...
     
  2. Rod

    Rod Well-Known Member

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    Talk to the scrap yard first. Get them to acknowledge they have the car, have them show you the car, take photos, lots of photos, inside and outside. Then ask police if they can help get the car back for you. Can be a messy situation. Getting the car back intact might be easier than suing for its value.

    If that doesn't work, post back here with an update.
     
  3. Jo1079

    Jo1079 Member

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    Thing is I can't get in contact with the ex to even find out where my car is... but the police run my number plate through there system and there have been no changes to it so?? This whole situation is such a mess.
     
  4. Rod

    Rod Well-Known Member

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    Can you try one of your ex's mates? They might be willing to tell you.
     
  5. Jo1079

    Jo1079 Member

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    Yeah, I'm trying. But if I have no luck, could the police visit him to get that info out of him?
     
  6. Rod

    Rod Well-Known Member

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    Possibly. You may need to report the car as stolen. Talk to the police and see what they say.
     
  7. Jo1079

    Jo1079 Member

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    Ok yeah I will today thanx ill let u know how I go. Thanx for ur
     
  8. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Getting in late here, but technically, it does come across as a stolen car. I would also wonder why a scrapyard would accept a 10k car that is only slightly damaged and registered in someone else's name.

    Really, the only legal way he could have done this is to invoke the Abandoned Goods Act
    Badger the police, and if they won't help, perhaps best to seek legal advice
     

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