Private Car Sale gone wrong!

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infernal

Active Member
27 June 2019
14
0
36
Hi there,

Hoping to get some answers for my parents. An ex friend of theirs were selling their car and she sold it to my parents and
they agreed my parents could pay it off.
My parents made up a contract, with the details of the car and the amount and how much per fortnight had to be paid.
My dad and the seller both signed and got a copy each.
Now the friendship has soured, and the seller is asking for the car back out of spite and now claims they havent been paying and only has paid a few hundred from the 14k they owe, but they have paid several thousand.
The car is registered in my parents name and they have never missed a payment, it is automatically taken from their bank account
and deposited into the sellers.

The seller cant just take the car from them right? They have upheld the contract and payments and can prove that
as my mother keeps a book of all the payment dates that correspond to their bank statements.

Thanks for any help.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Now the friendship has soured, and the seller is asking for the car back out of spite and now claims they havent been paying and only has paid a few hundred from the 14k they owe, but they have paid several thousand.
Parents have some proof of sale... The vehicle registration has been transferred... They have documented proof of regular auto debits to the seller...Allow the payments to continue

Just ignore her. She can ask for it back all she likes... If she takes it to civil court, they have all the proof they need
 

infernal

Active Member
27 June 2019
14
0
36
Thank you for the reply. Nearly everyday they are getting pestered by this lady claiming she has seen a solicitor and that she can take them to
court to double the monthly payments.
We believe she has lost her contract, so we think she is bluffing,
but she is also claiming that the contract isnt legal as only her and my father signed the contract and not a
JP. Is this correct?

My parents are just over the constant threats coming from her, they cant afford to pay extra or pay her out, but it doesnt seem to be stopping.
They are paying the amount she wanted on time, and even manage to pay her extra when they have extra cash.

Also, if she already signed the car over to my dad, and if she cant produce a contract, my parents could just stop paying the
payments and there would be nothing she legally can do right? Not that they would do that, but they wanted to maybe threaten her to
back off or they could stop paying.

So frustrating the whole situation.
People are just greedy.

Thanks.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
but she is also claiming that the contract isnt legal as only her and my father signed the contract and not a
JP. Is this correct?
I doubt it would be a legally binding 'contract' or agreement even if signed by a JP, but that doesn't matter... As per my first post, there is proof of sale, regular payments etc.. Civil court works on the balance of probabilities principal

If she is becoming a pest, I would be inclined to have a solicitor send her a cease & desist letter... I would also invite her to take the other party to court & that if she chooses that path, payments may be stopped pending an outcome from the magistrate.