Collections trouble, please help...

[K9OFSTRIKEX]

Howdy ladies and gentleman,

Got myself in a bit of a situation here. As mentioned in some of my earlier posts, I am a tourist here in New Zealand who is living in Auckland and have my extended travels on hold due to a junk car I was sold by SuperValue Cars in Christchurch.

I have been dealing with this car's shenanigans and the subsequent Motor Vehicle Disputes Tribune case since July and am really about ready to be done and get on with my life and travels...

As a result of the Motor Vehicle Disputes Tribune hearing, I have an order from the Ministry of Justice requiring SuperValue Cars to refund me the full purchase price of the vehicle as well as the expenses I have incurred directly relating to the broken vehicle, however, the dealer is ignoring my contact attempts in order to get this order carried out and it is solely up to me to collect on the debt (making the entire Disputes Tribunal process nearly useless).

This being the case, I have filed the order with the Civil Branch of the Ministry of Justice and it is now eligible for collections by the Bailiff, only issue is, I have to do all the leg work and research on what assets of SuperValue are seizable to collect the debt as well as any other footwork required for the courts collection process. All of this is quite difficult for a bloke who is a private citizen of another country stuck in Auckland with the dealer in Christchurch and each day that passes, I get one day closer to having to leave the country with nothing but an unfilled court order. I have even uncovered a loophole in the system that makes it almost impossible for irreputable dealers to be tracked and punished that is now under review by various agencies within your government, so I have certainly been doing my homework, but still have not figured out exactly how to get the money!

I was hoping that just on some off chance, one of you may have some ideas on how I can obtain the information about the dealer's assets, how to lodge the debt with the credit bureau, or have some other ideas on how I can collect on the debt and finally move on with my travels... I came here to explore and learn about your country, but I must say, I never expected to learn this much about the finer points of your consumer protections systems and your legal system! :msn-wink:

Any help at all would be HUGELY appreciated!

Cheers,
Beau

[Oakie]

Start at the Companies Office. http://www.companies.govt.nz/cms/how-do-i/search-the-register

This will tell you a bit about the company and may be a start point for you ... (or not)

[Mully]

Can you sell the debt to Baycorp?

Cut your losses and let them deal with it??

[Cajun]

simple look on there website

they have a bunch of cars listed there, you can use those

http://www.supervaluecars.co.nz/OurCars/tabid/55/Default.aspx

[CookMySock]

simple look on there website

they have a bunch of cars listed there, you can use those

http://www.supervaluecars.co.nz/OurCars/tabid/55/Default.aspxYer sounds like you need to take one of his cars for a wee spin.

Steve

[Conquiztador]

Howdy ladies and gentleman,
Any help at all would be HUGELY appreciated!

Cheers,
Beau

Must be a reason you come on a biker site asking for help...
What did you have in mind?
And what would the commission be...

[Cajun]

simple look on there website

they have a bunch of cars listed there, you can use those

http://www.supervaluecars.co.nz/OurCars/tabid/55/Default.aspx

i am sure they should have computers, camera, work fridge etc.

Just list normal every day stuff that should be in office. more items there more items they can recover to pay what is owed.

[K9OFSTRIKEX]

Thanks for all the feedback thus far! Decided to just put all of my responses in one big old post instead of cluttering the thread with tons of individual posts.


Start at the Companies Office. http://www.companies.govt.nz/cms/how-do-i/search-the-register

This will tell you a bit about the company and may be a start point for you ... (or not)

Thanks for the tip, I have found many a site in my search for answers but had yet to stumble upon this one yet and it does have some useful info for sure.


Can you sell the debt to Baycorp?

Cut your losses and let them deal with it??

I just started talking with them about options yesterday and may just have to do that if all this goes much longer so that I have no loose ends left hanging when I need to leave New Zealand, I am just trying to avoid this until it is clear there is no other option so that I can recover as much of the money as possible. Being a young traveler who just graduated university this has been a catastrophic economic hit and ever dollar I can get back really means a lot.


simple look on there website

they have a bunch of cars listed there, you can use those

http://www.supervaluecars.co.nz/OurCars/tabid/55/Default.aspx


Yer sounds like you need to take one of his cars for a wee spin.

Steve

Right now that is the best case scenario (i.e. finding one of them that the dealer actually owns), only problem is, he has hidden his finance and ownership details well and they are not coming up in the standard searches and until I know that any given car is actually owned by the dealer and not a finance company (as most dealer cars are) I cannot seize the vehicle.


Must be a reason you come on a biker site asking for help...
What did you have in mind?
And what would the commission be...

Yup, came on a biker forum since they are the only types of forum I am an active member of being an avid biker myself. These forums tend to have sections such as “Rant or Rave” where you can post just about anything and since bikers are such a diverse group of people, these forums are generally a fantastic wealth of knowledge to tap into as well as a very supportive network (far beyond the level of support and camaraderie you find in non-biker forums). All that said, I was just hoping that I may be able to stumble upon some good advice from this community from people who may have some experience or expertise in the area or even just some advice from some folks who may have thought of something that I haven't in all my research and efforts.

As far as commissions go, for a full collections service it seems that they run anywhere from 10-30% depending on the risk of the debt with some assistance programs going as low as $100 if and only if the full debt is collected.



i am sure they should have computers, camera, work fridge etc.

Just list normal every day stuff that should be in office. more items there more items they can recover to pay what is owed.

That's true, heck, I know they have an EFTPos machine and if I'm not mistaken, those are worth a few grand themselves... I know I cannot seize furnishings and tools of the trade to a certain monitary limit, so I will just have to possibly book a trip to Christchurch to do some spy work if it comes to that...



Thanks again for all your replys folks, if you think of anything else, I will certainly be open to hear! In the mean time I will keep plugging down the trail I'm on as well as looking a bit further into some of your suggestions!

Cheers,
Beau

[gunrunner]

Dont the Mob do repossession work ? :2guns:

[wickle]

Dont the Mob do repossession work ? :2guns:
And renovations!

[CookMySock]

Right now that is the best case scenario (i.e. finding one of them that the dealer actually owns), only problem is, he has hidden his finance and ownership details well and they are not coming up in the standard searches and until I know that any given car is actually owned by the dealer and not a finance company (as most dealer cars are) I cannot seize the vehicle.Well you probably can, and should he call the police and you have lots and lots of paperwork available the fuzz might hesitate to lay charges at you. What is the worst that can happen?

This will fuck off his finance company enormously too. I think what would benefit you most, is a group of like-minded individuals to try and take advantage of him at every turn.

Steve

[aliciak]

Hi there

Fancy that you mention this. In August this year I took the same trader to the MVDT and I ended up winning the case which required me to return the car and he had to take over my finance contract (if you want to see this case go to http://www.nzlii.org/nz/cases/NZMVDT/2009/87.html) but anyway he took the car back no worries, changed it into his name, was even trying to sell it on the lot (which I have photo evidence of) and he decided he was going to appeal this even though he had the car and refused to put the finance in his name. I went and got a lawyer and in my case because he has appealed I cannot enforce the matter until it is heard in court AGAIN on the 30 November, almost 4 months later, but in your case you have the choice; you can enforce the matter with a bailiff OR if you want it done fast, there is something that you can do to demand the money off him. If you would like to know more information about this, private message me in regards to this(and don't worry it is legal :) ). Hope this helps you in anyway possible. Any other questions feel free to ask. Justice needs to be served.

Alicia

[aliciak]

Also reading an earlier post, I have done a lot of research on this guy, I even know his address and everything. Also, he is the CEO of Supervalue Cars and one thing that I found out is that you can repossess any vehicle, even if it is owned by the finance company. All the cars on his lot I have done checks on (including the one that I gave back to him due to the court order) and they are all owned by Supervalue Cars. The finance company holds it as security as I have found out. So my car that I gave back is now owned by Supervalue Cars but the security for finance is still under my name. So if I was to stop paying (which I have but I have spoken with the finance company and they have put it on hold as I do not want bad credit) and they can't change it into his name without him doing it himself, they can choose to repo it at anytime, and so could I, but I don't want to because I just want to be rid of it and the finance with it :( So yes you can repo anything if it is owned by finance

[imdying]

Any luck so far?

If not, you need to ring collections (they have an 0800 number) to get the payment order enforced. You'll need to file for a distress warrant to allow the bailiffs down here to seize goods, and you'll need to indeminfy them, should be about $60 all up. Then they'll trot on down to this place and start taking things, fantastic fun :D

/edit: I think the tools of the trade seizure is only up to $500, so go nuts.

[sunhuntin]

i dont know if you could list the eftpos machine cos doesnt that stay the property of the company? like, dont most businesses rent the machine?

[K9OFSTRIKEX]

And renovations!
Which Nationality of MOB/Mafia is most prevalent in this here corner of the globe, seems to me quite useful information to have regardless of the case!


Well you probably can, and should he call the police and you have lots and lots of paperwork available the fuzz might hesitate to lay charges at you. What is the worst that can happen?

This will fuck off his finance company enormously too. I think what would benefit you most, is a group of like-minded individuals to try and take advantage of him at every turn.

Steve

Well, worst case would be I get deported and banned from NZ... The hazards of being a non-citizen/resident...

I think like-minded individuals really messing with him could actually be a great tactic, I have in fact been looking for some time off from work to fly down to CC just to go ahead and picket him, even looking into what it would cost to open an ad in the flyer he posts his dealership in advertising his unpaid court order and telling him it will be removed as soon as the money comes through, this one is a tough sell but I just happen to be friends with the girl who does the layouts for the whole flyer, so it may actually be able to happen *knock on wood*.


Also reading an earlier post, I have done a lot of research on this guy, I even know his address and everything. Also, he is the CEO of Supervalue Cars and one thing that I found out is that you can repossess any vehicle, even if it is owned by the finance company. All the cars on his lot I have done checks on (including the one that I gave back to him due to the court order) and they are all owned by Supervalue Cars. The finance company holds it as security as I have found out. So my car that I gave back is now owned by Supervalue Cars but the security for finance is still under my name. So if I was to stop paying (which I have but I have spoken with the finance company and they have put it on hold as I do not want bad credit) and they can't change it into his name without him doing it himself, they can choose to repo it at anytime, and so could I, but I don't want to because I just want to be rid of it and the finance with it :( So yes you can repo anything if it is owned by finance

Great info, check you pm's.




Any luck so far?

If not, you need to ring collections (they have an 0800 number) to get the payment order enforced. You'll need to file for a distress warrant to allow the bailiffs down here to seize goods, and you'll need to indeminfy them, should be about $60 all up. Then they'll trot on down to this place and start taking things, fantastic fun :D

/edit: I think the tools of the trade seizure is only up to $500, so go nuts.

No luck yet and I tried to do that before putting up this post but they turned me away saying until I can figure out all assets owned and not owned directly by the company that they will do nothing, so that's kind of where I am at, been checking over the PPR and such for his full inventory and keeping a running list, but the info is not making it very clear who owns what and I can only tell so much from Auckland so I think I may need to take a little stroll on down to CC to play gumshoe so that the fun can begin!

Looked into the tools of the trade seizure and you sire are indeed correct, it is limited to $500.

By the way, any chance you or anyone else knows who technically owns the vehicle now and who is liable for it? I have asked Consumer Affairs, NEU, Civil Couts Division, and Motor Vehicle Disputes Tribunal and they have all shrugged and answered only with "good question"...




i dont know if you could list the eftpos machine cos doesnt that stay the property of the company? like, dont most businesses rent the machine?

Many do, but some own it. I work for about 14 different companies as a contractor here and have found a few who own as well as many who rent.

[kwaka_crasher]

This just goes to further highlight the total ineffectiveness of the current system. The fact is that the Government puts disproportionately more resources into recovery of fines for victimless 'crimes' like speeding where there is no party that has actually suffered a loss. People come second.

When it comes to debt recovery after due process for others the Courts simply don't give a fuck - you have to do their job for them.

Now, had the shonky car dealer had a speeding ticket upheld in court and subsequently hadn't paid you can be damn sure the Baliffs would be down there like a shot seizing goods to sell to cover the fine.

[aliciak]

To answer your question about finding out who owns the car and who is liable, I just rang the Land Transport Agency. If it is your old car they can tell you straight out but if not then you have to make up some bull about you were wanting to buy the car but were just wanting to know how long it has been on the Supervalue Car lot :) When I got the appeal letter I drove past and saw the same car he was appealing on (my car) the lot for sale so I took photos and then checked out the cars beside it in the photos. You can also purchase VIR reports online, be it they do cost like $30 each, but in saying that you can see who owns the car, any security with finance and who security is under and you don't have to have any direct links to the car. In my case car is in his name and security is under mine. Did you get finance or did you just buy it cash?

[kwaka_crasher]

You can also purchase VIR reports online, be it they do cost like $30 each but in saying that you can see who owns the car, any security with finance and who security is under and you don't have to have any direct links to the car. In my case car is in his name and security is under mine.
Text registration plate to FIND (3463) to check for a registered security - $1
PPSR search for details of secured parties - $3 (I think - dirt cheap anyway)
NZ Post for current registered owner - $2.25
No need for a ripoff VIR.

[K9OFSTRIKEX]

This just goes to further highlight the total ineffectiveness of the current system. The fact is that the Government puts disproportionately more resources into recovery of fines for victimless 'crimes' like speeding where there is no party that has actually suffered a loss. People come second.

When it comes to debt recovery after due process for others the Courts simply don't give a fuck - you have to do their job for them.

Now, had the shonky car dealer had a speeding ticket upheld in court and subsequently hadn't paid you can be damn sure the Baliffs would be down there like a shot seizing goods to sell to cover the fine.

Your right on here K.C. I seem to remember a pretty dramatic series of ads about minuscule unpaid fines resulting in rather major consequences running almost constantly on the free view channels not long ago, and yet, no help here...

To be completely honest, I'm shocked that the government even allows him to operate while in violation of a Court Order related to an offense against a consumer...

[K9OFSTRIKEX]

Text registration plate to FIND (3463) to check for a registered security - $1
PPSR search for details of secured parties - $3 (I think - dirt cheap anyway)
NZ Post for current registered owner - $2.25
No need for a ripoff VIR.

Thanks for the info on that, I have done the PPSR search for about 15 vehicles on the lot and they all return empty reports and I have been hoping to find a way to get the current registered owner info without the VIR since I simply can't afford one, so this will be VERY helpful!

[imdying]

No luck yet and I tried to do that before putting up this post but they turned me away saying until I can figure out all assets owned and not owned directly by the company that they will do nothing, so that's kind of where I am atI'll check this out a little more if I get a chance.

[imdying]

Check your private messages, I've sent you the details of someone, here in Christchurch, who can hopefully help. If she can't help, you're probably screwed, but I have been assured by a trustworthy source that she knows her job quite well.

[K9OFSTRIKEX]

Well, I got it!!!! :first: It's shy a couple hundred of what it should be, but it still feels pretty good to have the vast vast majority of that cash recovered! Thanks for all the suggestions and help folks!

[CookMySock]

How did you do it ?

Steve

[Skyryder]

Contact Fair Go. Nothing to lose but being a tourist it just might get their attention where you can get some 'official' help.



Skyryder

PS Missed your last post. Still a reasonable outcome given the circumstances. Now all ya gota do is bill someone for ya time. I'd give you a name but he would not probalble let you back into the country. But I'll give you a clue. PM me.:2thumbsup

[K9OFSTRIKEX]

How did you do it ?

Steve

With all my leg work I ended up making some friends within the NEU and Ministry of Consumer Affairs who were able to... apply a bit of extra pressure... and this really ended up going a LONG ways. So that combined with some good old fashioned obnoxious persistence finally got the payout.

Bummed I'm still out a few hundred, but definitely happy that all the stress is now off me financially and that the situation is basically over!

[K9OFSTRIKEX]

Made an error posting and can't figure out how to delete this post, so now it will just be a post highlighting my screw up and forever justifying it's existence as an explanation of nothing... :wacko:

[K9OFSTRIKEX]

Contact Fair Go. Nothing to lose but being a tourist it just might get their attention where you can get some 'official' help.

Skyryder

PS Missed your last post. Still a reasonable outcome given the circumstances. Now all ya gota do is bill someone for ya time. I'd give you a name but he would not probalble let you back into the country. But I'll give you a clue. PM me.:2thumbsup

Lol, believe it or not, Fair Go was in fact my worst case scenario plan!

Would love to be able to get the work hours compensated for this one, particularly if I could get lawyer rates for it! That pay check would cover my entire holiday here in NZ! Not gunna hold my breath on that one though... :pinch:

[SS90]

Would love to be able to get the work hours compensated for this one, particularly if I could get lawyer rates for it! :pinch:

where are you from?

[Conquiztador]

where are you from?

From the KTM TM add: "Due to a recent change in my situation I will be moving back to the US on Christmas" ;)

[K9OFSTRIKEX]

where are you from?
From the KTM TM add: "Due to a recent change in my situation I will be moving back to the US on Christmas" ;)

10 points to Conquiztador on that one! ;) To be exact, I am from a little town called Glenwood Springs up high in the Colorado Rockies :2thumbsup