Hi
I'm in real need of help at the moment as this issue is driving me nuts.
I would appreciate all help and as to what avenues I have and also if I can sue for damages. If there is a lawyer willing to take this one as well, please pm me.
On October last year I decided to purchase a new car for my 7-month pregnant wife for her birthday. We saw the car we like and in negotiations with the salesman we said we have a trade-in car and would like to swap over the personalised plates from trade in to new car as part of the deal.
We told the salesman that our car is parked in the adjacent street and he said that's OK and asked us for the make and year model. I said it may be a 12 or 13 but not sure. He put the rego number in the service NSW app and told us after conferring with his boss that they can give us 16k, we said 17k and we can sign the deal and he said OK.
So he immediately printed the contract and even though we said we don't want a car finance from them. They made us sign some documents for finance and we signed the documents and left. A few weeks later when finance paid them the balance we went in to take delivery of the new car.
We met the same salesman and gave him the keys to the trade-in. He did a brief inspection, asked us to take all our belongings asked me to sign the transfer of ownership, took off our personalised plates and took us to the new car. He affixed the personalised plates put a ribbon on took photographs and gave us the keys, shook our hands and off we went!
We had taken delivery of the brand new car. We asked the salesman if the rego had been done and he gave us a green slip receipt and said it was all done and the rego paper will come In the mail.
We were nearly 5 minutes away from home and the salesman rang and said that his boss is next to him and he forgot to get me to sign an important document and without that he can get in trouble and also we cannot drive the car legally without it.
We turned back and when we reached the dealership it was around 6:30pm, there was another man who said he is the manager and they also locked the gate behind us and said it appears the trade-in has finance owing. I said we paid in cash and we purchased it from a dealer so he said he will call the dealer tomorrow and sort it out and it should be an outdated record. He said unfortunately by law he can't let us drive our car tonight and tomorrow they will drop off the car.we had no choice and left the car and gave the key.
The next day morning a man who said he is the manager rang me and said good news the finance was an outdated record. I said great when are you bringing my car. He said bad news Is in the contract it states it is a 2013 model car and you gave us a 2012 car and you have to pay a difference if $7000.
I said I am going to the police as the deal is finished , it was your salesman who put the model in your computer and he checked the car prior to handing over the keys to the new vehicle. They ended up keeping both my vehicles for 2 weeks. My pregnant wife had to take a cab during this period and this was depressing her.
I immediately went to a lawyer who said this is ridiculous you need to go to the police and I did. When I gave them my personalised plates no it still came up with my trade in car. What I didn't know at the time was that the dealer had registered the new car in the morning and subsequently after I told him I would go to the police had unlawfully reversed the rego and registered the new car in the dealerships name.
Plot thickens.
Police said, "it is not registered in your name and nothing they can do; it is a civil matter". We went through 3 lawyers in the due course who all said NCAT and fair trading will take a few months
Our lawyer sent them a letter stating that no dispute was raised at the point of delivery and collection. This letter was ignored. The contract also said the trade in was 2013 first registered my(manufacturer year) 2014 xxxx. How can there be a car manufacturer a year ahead and registered the year before??this was obvious evidence of dealer stuff up.
Some two weeks later I received a cheque from the roads and maritime services for overpayment for 2800$ I questioned the general manager of the dealership and said you unlawfully deregistered our car who said that it was an overpayment and that the car was not registered in our name and he said he would like to put this behind us and if we payed that money back , I said I would pay him $2000 as I have incurred hire car and lawyer fees.
I went to the dealership and they said the general manager is in a meeting and that I need to pay first. He was actually standing in the next cabin and watching. I paid the $2000 and he came in with another person and asked me to sign another contract which said sale of demonstrator car with the exact same particulars contract number , vehicle vin and engine no as previous.
I didn't want to sign but I was forced to as I couldn't handle it any more. i knew there were so many wrongdoings but didn't have the energy as my wife was quite depressed and needed the car for work so I did and took possession of the car.
The general manager assured me that I was the first owner and gave that in writing(which is actually false representation) he said when new cars sometimes arrive at the lot they are registered in the dealers name by default.
I must add that initially my wife was the signatory for the rego purpose even though the contract was for both of our names and this time I had to sign and take ownership of the car. So in essence the same car was first registered in my wife's name , was deregistered without consent , registered in the dealers name and then in my name.
So that concludes the first part of the nightmare.
Now some five months after part 2 begins.
The dealer contacted me asking to repay the overpayment cheque in my wife's name from service NSW as he said it was payed to us by mistake.we told him The transaction is finished speak to your general manager.
Now, service NSW called me and is threatening legal action to recover the cheque as according to them the dealer did register in my wife's name and reversed the transaction citing the vehicle was not delivered. I told them the vehicle was delivered and told them I have all the evidence pictures and all.they say that the cheque was supposed to go to the dealer and was sent to my wife by mistake.i said to them I will fight this as the roads and maritime services has without consent allowed to deregistered my asset.
Please help. Any opinions would help.
What should I do in regards to the RMS cheque situation what is my standing? Also can I or should I go after the dealer and can I get damages (car value is 60k)? If so please point me in the direction.
Thank you for reading.
I'm in real need of help at the moment as this issue is driving me nuts.
I would appreciate all help and as to what avenues I have and also if I can sue for damages. If there is a lawyer willing to take this one as well, please pm me.
On October last year I decided to purchase a new car for my 7-month pregnant wife for her birthday. We saw the car we like and in negotiations with the salesman we said we have a trade-in car and would like to swap over the personalised plates from trade in to new car as part of the deal.
We told the salesman that our car is parked in the adjacent street and he said that's OK and asked us for the make and year model. I said it may be a 12 or 13 but not sure. He put the rego number in the service NSW app and told us after conferring with his boss that they can give us 16k, we said 17k and we can sign the deal and he said OK.
So he immediately printed the contract and even though we said we don't want a car finance from them. They made us sign some documents for finance and we signed the documents and left. A few weeks later when finance paid them the balance we went in to take delivery of the new car.
We met the same salesman and gave him the keys to the trade-in. He did a brief inspection, asked us to take all our belongings asked me to sign the transfer of ownership, took off our personalised plates and took us to the new car. He affixed the personalised plates put a ribbon on took photographs and gave us the keys, shook our hands and off we went!
We had taken delivery of the brand new car. We asked the salesman if the rego had been done and he gave us a green slip receipt and said it was all done and the rego paper will come In the mail.
We were nearly 5 minutes away from home and the salesman rang and said that his boss is next to him and he forgot to get me to sign an important document and without that he can get in trouble and also we cannot drive the car legally without it.
We turned back and when we reached the dealership it was around 6:30pm, there was another man who said he is the manager and they also locked the gate behind us and said it appears the trade-in has finance owing. I said we paid in cash and we purchased it from a dealer so he said he will call the dealer tomorrow and sort it out and it should be an outdated record. He said unfortunately by law he can't let us drive our car tonight and tomorrow they will drop off the car.we had no choice and left the car and gave the key.
The next day morning a man who said he is the manager rang me and said good news the finance was an outdated record. I said great when are you bringing my car. He said bad news Is in the contract it states it is a 2013 model car and you gave us a 2012 car and you have to pay a difference if $7000.
I said I am going to the police as the deal is finished , it was your salesman who put the model in your computer and he checked the car prior to handing over the keys to the new vehicle. They ended up keeping both my vehicles for 2 weeks. My pregnant wife had to take a cab during this period and this was depressing her.
I immediately went to a lawyer who said this is ridiculous you need to go to the police and I did. When I gave them my personalised plates no it still came up with my trade in car. What I didn't know at the time was that the dealer had registered the new car in the morning and subsequently after I told him I would go to the police had unlawfully reversed the rego and registered the new car in the dealerships name.
Plot thickens.
Police said, "it is not registered in your name and nothing they can do; it is a civil matter". We went through 3 lawyers in the due course who all said NCAT and fair trading will take a few months
Our lawyer sent them a letter stating that no dispute was raised at the point of delivery and collection. This letter was ignored. The contract also said the trade in was 2013 first registered my(manufacturer year) 2014 xxxx. How can there be a car manufacturer a year ahead and registered the year before??this was obvious evidence of dealer stuff up.
Some two weeks later I received a cheque from the roads and maritime services for overpayment for 2800$ I questioned the general manager of the dealership and said you unlawfully deregistered our car who said that it was an overpayment and that the car was not registered in our name and he said he would like to put this behind us and if we payed that money back , I said I would pay him $2000 as I have incurred hire car and lawyer fees.
I went to the dealership and they said the general manager is in a meeting and that I need to pay first. He was actually standing in the next cabin and watching. I paid the $2000 and he came in with another person and asked me to sign another contract which said sale of demonstrator car with the exact same particulars contract number , vehicle vin and engine no as previous.
I didn't want to sign but I was forced to as I couldn't handle it any more. i knew there were so many wrongdoings but didn't have the energy as my wife was quite depressed and needed the car for work so I did and took possession of the car.
The general manager assured me that I was the first owner and gave that in writing(which is actually false representation) he said when new cars sometimes arrive at the lot they are registered in the dealers name by default.
I must add that initially my wife was the signatory for the rego purpose even though the contract was for both of our names and this time I had to sign and take ownership of the car. So in essence the same car was first registered in my wife's name , was deregistered without consent , registered in the dealers name and then in my name.
So that concludes the first part of the nightmare.
Now some five months after part 2 begins.
The dealer contacted me asking to repay the overpayment cheque in my wife's name from service NSW as he said it was payed to us by mistake.we told him The transaction is finished speak to your general manager.
Now, service NSW called me and is threatening legal action to recover the cheque as according to them the dealer did register in my wife's name and reversed the transaction citing the vehicle was not delivered. I told them the vehicle was delivered and told them I have all the evidence pictures and all.they say that the cheque was supposed to go to the dealer and was sent to my wife by mistake.i said to them I will fight this as the roads and maritime services has without consent allowed to deregistered my asset.
Please help. Any opinions would help.
What should I do in regards to the RMS cheque situation what is my standing? Also can I or should I go after the dealer and can I get damages (car value is 60k)? If so please point me in the direction.
Thank you for reading.
