LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Should New Document be Written Up to Void Debt?

Discussion in 'Debt and Bankruptcy Law Forum' started by Leslie O'Hara, 17 August 2016.

  1. Leslie O'Hara

    Leslie O'Hara Member

    Joined:
    17 August 2016
    Messages:
    2
    Likes Received:
    0
    When I was in a bit of a bind with my car needing repairs and not able to afford it, a close friend offered me her mother's car. The mother had just passed away and my friend wanted the car to go to someone who would appreciate it. I accepted this generous offer and we worked out a fair amount for me to pay for the car. I would pay weekly into her bank account.

    Because it was a deceased estate, there was a waiting period before the car was legally my friends' to sell. In the meantime, I had use of the car and prepared for the changeover of car registration when I would begin to pay off the amount we agreed on. My friend's brother prepared an "acknowledgment of debt' stating the amount I owed and how much I would pay per week and we all signed off on this. They wanted me to begin paying for the car and so I set up a weekly transfer into her account. Two amounts were paid.

    Unfortunately, they decided that it was too much trouble to get the safety certificate needed to sell the car on and have the registration transferred and demanded the car back.

    I returned the car immediately, however, I am now a little worried about the acknowledgment of debt agreement that I signed with them.

    My question now is this: Do I need to have another agreement written up having them confirm that the car has been returned to them and thereby voiding the debt that I no longer owe? The car has been returned in exactly the same condition.
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,170
    Likes Received:
    257
    Doesn't need to be formal. A simple statement saying the car has been returned and you no longer owe any money by the person who signed the original agreement is all you need.
     
  3. Leslie O'Hara

    Leslie O'Hara Member

    Joined:
    17 August 2016
    Messages:
    2
    Likes Received:
    0
    Thanks very much. All I needed to know.

    Cheers.
     

Share This Page

Loading...