Help required - Bike repo

[Krusti]

Does anyone know the whereabouts of David Kahawai Farquharson !!!!!!. He was at 94a Colwill Road Massey Auckland. Have just had the repo man to visit us as we bought sons TL off this guy at christmas and guess what ..... yes there was money owing. I have just had to pay $7500 to repo man and that is what we paid for the bike. We would really like to find this guy so please pm me if you know anything.

[Sniper]

Does anyone know the whereabouts of David Kahawai Farquharson he was at 94a Colwill Road Massey Auckland. This is the guy we bought sons TL off at christmas. Repo man has just been to visit us as the nice guy had $7500 owing on the bike which I have just had to pay .So if you know where this guy is please let me know.

Why did you have to pay it? No change of ownership done?

[ManDownUnder]

From whitepages - that surname across entire of NZ. Here's the "D" section

<TABLE cellSpacing=0 cellPadding=0 width=408 border=0><TBODY><TR><TD class=result_title colSpan=2>Farquharson D & F

</TD></TR><TR><TD class=result1>47 Santa Monica Dve Papamoa Beach Mt Maunganui</TD><TD class=result2>0-7-575 5001</TD></TR><TR><TD class=result_title colSpan=2>Farquharson D J
http://www.whitepages.co.nz/Images/icon_more.gif (http://www.whitepages.co.nz/Pages/Search/Details/0,2624,a1281_d45516377,00.html?Name=Farquharson&Loc=&Reg=)
</TD></TR><TR><TD class=result1>16 Rob Roy La Wanaka Queenstown-Lakes</TD><TD class=result2>0-3-443 6278</TD></TR><TR><TD class=result_title colSpan=2>Farquharson D W

</TD></TR><TR><TD class=result1>A/15 Stronsa St Palmerston</TD><TD class=result2>0-3-465 1578</TD></TR><TR><TD class=result_title colSpan=2>Farquharson Dr T N
http://www.whitepages.co.nz/Images/icon_more.gif (http://www.whitepages.co.nz/Pages/Search/Details/0,2624,a1281_d2759389,00.html?Name=Farquharson&Loc=&Reg=)
</TD></TR><TR><TD class=result1>24 Hours
641 Manukau Rd Epsom Auckland</TD><TD class=result2>0-9-625 6173</TD></TR></TBODY></TABLE>

[MyGSXF]

:gob: BUGGER mate.. that sucks majorly!!! :angry: I hope like hell you find the prick & get ya money back!!!! :yes:

[ManDownUnder]

Why did you have to pay it? No change of ownership done?

A point in law. If someone is owed money on a bike - they have ownership (in part or in whole). Remalpa clause I think it's called "Title does not pass until payment is made in full"

If person A is owed money on the bike, person B doesn't own it... yet

So person B is not allowed to sell it to C - person A actually owns it.

Person A being a finance house or similar (in this case)
B being Farquharson
And C being our friend here on KB.

Sucks to be caught like this but it makes sense. So now B (farqnuckle) owes C (Krusti) $7,500

[davereid]

Yep, if you buy a vehicle (or any other property for that matter) and it is the security for a loan, it actually belongs (at least in part) to the finance company. Sorry to hear of your bad luck here, but if you can find him, and serve the documents, you will get a court-enforceable order to get your money.

Assuming he has any.

[Krusti]

Why did you have to pay it? No change of ownership done?
Change of ownership had been done and had no choice but repo or full payment, even had to pay repo cost and the guy wouldnt give wife any paper work only his card and said sorry.

[kevfromcoro]

dont u hate that sort of thing..quote.. Forget your enemys..but never forget there faces.......

[ManDownUnder]

Krusti. PM sent but I'm not sure if it got through. (KB issues at the mo)

Do you know he is not there anymore?
How old is he... I'll ring a few rellies and see what they turn up for "a mate"

[crashe]

Fark that sux... $7500 is a lot of money to just hand over.

I hope that they gave you a receipt to say it has been paid.


You hear about it all the time happening to people on "Fair Go"
They say always get a check done on any vehicle to make sure that there are no outstanding debts to be paid.

[Jantar]

The repo man has gone outside the law. He must give you 10 days notice in writing. Too late now as he has the money, but think of it this way, anyone could make up a card and visit someone else claiming to be about to repo their vehicle unless they pay $xxxx right now.

[imdying]

Yeah, it's all true, and all bad. Repo man is in the right, you're not. But you know all that now :( At this point, concentrating efforts on finding this piece of crap should be our priority. You could of course sell the debt to either Baycorp or Black Power.

[Krusti]

The repo man has gone outside the law. He must give you 10 days notice in writing. Too late now as he has the money, but think of it this way, anyone could make up a card and visit someone else claiming to be about to repo their vehicle unless they pay $xxxx right now.
I should add this is krusti's wife here ,he is still in south island with the son on there bikes. I think I am still in shock, the guy turned up at 7.30 and I was still in bed. When He told me I just broke down. I wasnt given any info on the loan etc but was shown that the owner had not paid anything since nov. I didn't know what to do.!

[ManDownUnder]

First steps... read this:

http://www.consumeraffairs.govt.nz/businessinfo/hirepurchase/repossession.html#steps

I note the requirement for 15 days written notice notice unless there are reasonable grounds to suspect the goods will be destroyed, diassembled or hidden (arguable the case for a motorcycle)

Also read what needs to be produced at the time of repossession...
Proof of the default (did you get that???). How do you even know a debt really exists?


Did you pay by cheque? If so, I'd suggest cancelling it and let the boys sort it out. If your son is over 18 the contrtact (and therefore default) is with him. While you don't want to drop him in it, it gives you breathing space so sort things.

[Motu]

It happened to me once,but it was only $160 and had the cash,otherwise they would of taken the car.We have registration papers in NZ,they are NOT ownership papers,the only proof of ownership is the reciept of sale....and money owing on the vehicle is money owing on the vehicle....not the guy who put the debt there.That's why I am not putting my NX Coupe in my name,it is legally mine....but $4,000 is owed to a finance company on the vehicle.The finance company have released the car to me.....but the debt on it remains.

[crashe]

meon3 - That would have been hard to have to deal with.

Have you contacted Krusti yet and told him?


I am sure if the bike wasnt there then he has to come back when the bike is available... Mind you they just go and take anything else to the value of $7500.

I guess this repo guy wasnt going to be reasonable and come back when the boys got home in a couple of days time.

[Krusti]

The guy may have shifted to Aussie and be working in a film crew

[ManDownUnder]

I am sure if the bike wasnt there then he has to come back when the bike is available... Mind you they just go and take anything else to the value of $7500.

I guess this repo guy wasnt going to be reasonable and come back when the boys got home in a couple of days time.

errrr no. Unless other chattels have been put up as security, in the absence of a court order other chattels stay put. The repo guy might attempt to strong arm you (i.e. "ok you gotta give me that")... but it's BS. You don't gotta do nothing.

If that was the case why would anyone have to offer a security over a loan?

[HenryDorsetCase]

Romalpa clause is what you mean. In fact there is no such thing anymore. With the passing of the new regime into law, the Personal Property Securities Act changed that. If you want a ROT clause (retention of title) then you pretty much MUST register on the PPSR>

www.ppsr.govt.nz

A tip: ALWAYS ALWAYS ALWAYS do a prepurchase search on the motor vehicle before passing over the money. Also beware of any "all obligations" charges, and charges over "all present and after acquired personal property"... a motorcycle would be subject to this.

sorry Krusti, this sucks but as has been said, the repo man was correct in law.

Now you have a debt owed to you by this deadbeat. You might end up with debt collectors, or if you find him, several LARGE KB'ers going to ask for the coin. Good luck with it.






A point in law. If someone is owed money on a bike - they have ownership (in part or in whole). Remalpa clause I think it's called "Title does not pass until payment is made in full"

If person A is owed money on the bike, person B doesn't own it... yet

So person B is not allowed to sell it to C - person A actually owns it.

Person A being a finance house or similar (in this case)
B being Farquharson
And C being our friend here on KB.

Sucks to be caught like this but it makes sense. So now B (farqnuckle) owes C (Krusti) $7,500

[HenryDorsetCase]

First steps... read this:

http://www.consumeraffairs.govt.nz/businessinfo/hirepurchase/repossession.html#steps

I note the requirement for 15 days written notice notice unless there are reasonable grounds to suspect the goods will be destroyed, diassembled or hidden (arguable the case for a motorcycle)

Also read what needs to be produced at the time of repossession...
Proof of the default (did you get that???). How do you even know a debt really exists?


Did you pay by cheque? If so, I'd suggest cancelling it and let the boys sort it out. If your son is over 18 the contrtact (and therefore default) is with him. While you don't want to drop him in it, it gives you breathing space so sort things.

the part i have highlighted is bad advice. the rest of what you say is true, but I had a client get caught this way. The short answer is that a cheque is a promise to pay, it isnt conditional, and if you cancel it you give the person who had the cheque cancelled on them a SEPARATE CAUSE OF ACTION on which they can immediately get summary judgment. This is irrespective of any dispute you may have in respect of liability for payment or quality of workmanship or whatever.

Your repo man will know this.

also, I wouldnt have given him a cheque on the spot, because it sounds like he didnt comply with what he should have, AND he couldnt have taken the bike immediately as it wasnt on the premises. Cold comfort now, I know. And repo men are chosen for their charming personalities and people skills.

Good luck with it. If I think of anything else I will PM ya.

Sucks, huh?

[HenryDorsetCase]

meon3 - That would have been hard to have to deal with.

Have you contacted Krusti yet and told him?


I am sure if the bike wasnt there then he has to come back when the bike is available... Mind you they just go and take anything else to the value of $7500.

I guess this repo guy wasnt going to be reasonable and come back when the boys got home in a couple of days time.

no way they could have done that here: the only security is the vehicle: Mr and Mrs Krusti didnt sign all their present and after acquired personal property over to the finance co, but Mr Fucknuckleson probably did.

[davereid]

Cancel the cheque.

It was extorted under duress as far as I can see. Let him take his separate course of action - it has to be upheld by a court !

Its not that you don't intend to sort out the debt - you have been ripped off by the seller, not the finance company, but the debt collector is well out of line.

Move the bike.
Cancel the cheque.
Get breathing room.

[HenryDorsetCase]

Cancel the cheque.

It was extorted under duress as far as I can see. Let him take his separate course of action - it has to be upheld by a court !

Its not that you don't intend to sort out the debt - you have been ripped off by the seller, not the finance company, but the debt collector is well out of line.

Move the bike.
Cancel the cheque.
Get breathing room.

thats practical advice, sure, (and possibly not a bad way to proceed) but the legal point remains as Ive stated.

the issue would be summary judgment which you cant defend, and to have to pay their costs as well. so $7500 becomes $8250 PLUS you get a baycorp record as someone with a judgment agin them. so it costs you extra for no benefit long term.

[ManDownUnder]

Step 1 track him down..

oooo looky what I found... http://www.oldfriends.co.nz/MemberProfile.aspx?oldfriends_member_id=898177

Step two - anyone in the film industry on here? Didn't they work with him on "Spooked" (in case you are wondering... YES YOU DID). please get in touch!

Doesn't do much about the cash rigt now... but hopefully we can stop him slipping off into the night... contact details would be nice.

[Krusti]

I dont have a cheque book . I had to pay by internet transfer which he had to witness. Why does this sort of thing have to hapen when your home alone and the men are on another island!!! Im still a bit confused as to what hapened. When he arrived he told me there was $1000 out standing and then Im told I have to pay $7500 or have it repoed.

[Krusti]

I had to pay the full amount directly to Haldane's Motorcycles

[surfer]

Try and google his name, put it all in and then if this does not work take out the middle name. You never know, in this technicstuff age of computer wizzardry we all seem to leave an electronic footprint somewhere.

Also if you know what his car rego is you can find out his place of residence easy as by visiting the post office and filling in a form. You need this for the court summons.

I successfully tracked down a dude who owed me money using this method. And then took the bugger to court, it took three goes before his excuses ran out and the courts found in my favour, took a year as well.

If he has a car you can get it impounded same with all his wordly goods but you need an address first, I suspect with the amount owing you probably know all this already. If you don't then pm me and I will tell you the process. No doubt others have been through this as well and will give you some good tips.

Good luck

[Cajun]

not this guy - http://www.oldfriends.co.nz/memberprofile.aspx?oldfriends_member_id=898177?

[ManDownUnder]

Step 1 track him down..

oooo looky what I found... http://www.oldfriends.co.nz/MemberProfile.aspx?oldfriends_member_id=898177


not this guy - http://www.oldfriends.co.nz/memberprofile.aspx?oldfriends_member_id=898177?


LOL great minds!

[cynna]

wow that sucks

how much is the bike worth? was it worth another $7500

as someone else said i would cancel the cheque - say you were intimidated into signing (hopefully u didnt pay cash), and make sure the bike doesnt go to your address until this is sorted. they cant take what isnt there

maybe say your son doesnt live there and you havent got his current address - that was the excuse i got from the court baliffs when i was owed money from a disputes tribunal hearing

[ManDownUnder]

He's in Oz, and we have a way to find him (via Old Friends)

Is it possible to register the debt with the courts or somesuch, so if/when he ever comes home to NZ he's requested to pay?

The other thing is he has relatives in NZ. They will know how to contact him and may provide those details (with a suitable story attached)...

[Grub]

There's 23 replies in the other one, this needs to be merged

[Joni]

Its been done!

[davereid]

OK at least you can be reasonably sure the money went somewhere traceable, and that the repo man was legit, although I can't understand $1000 owed $7500 paid.

If he watched you log on, change the password.

Possibly you could contact your bank, and see if the transaction can be reversed - after all you were intimidated and threatened - there is no way you would have paid this otherwise until discussing it with family and your lawyer.

Indeed it has not been transferred yet - the bank will have moved the money from your account, but it won't be transferred to Haldanes until tonight.

This makes me sick, I feel you were bullied, and I hate that.

[Krusti]

not this guy - http://www.oldfriends.co.nz/memberprofile.aspx?oldfriends_member_id=898177?
That sure sounds like him , looks like he is in Aussie ,but where?

[surfer]

If he is on a production crew get a list from the yellow and white pages of all the production companies in Australia and NZ and then call them. It is painstakingly looong and boring but you will find him. All they need do is confirm that he is there.

[Krusti]

There's 23 replies in the other one, this needs to be merged
When I had writen the first thread and pushed the submit button it said couldnt find server and I lost all my writing so rewrote it and it did it again so was about to give up then found they had both gone through.What can I say I'm a dumb blonde under duress.

[crazybigal]

she didnt pay by cheque!


wow that sucks

how much is the bike worth? was it worth another $7500

as someone else said i would cancel the cheque - say you were intimidated into signing (hopefully u didnt pay cash), and make sure the bike doesnt go to your address until this is sorted. they cant take what isnt there

maybe say your son doesnt live there and you havent got his current address - that was the excuse i got from the court baliffs when i was owed money from a disputes tribunal hearing

[ManDownUnder]

1 email sent...

You from the crew of Spooked?
email me... I'm doing a little research you might find interesting
Cheers
email address here

I'll let you know what comes of it. At least we'll get an email...hopefully an address... any thoughts on what I could be "researching". I want to ask his address to I can send him a draft... but of WHAT???

[cynna]

wow that sucks

how much is the bike worth? was it worth another $7500

as someone else said i would cancel the cheque - say you were intimidated into signing (hopefully u didnt pay cash), and make sure the bike doesnt go to your address until this is sorted. they cant take what isnt there

maybe say your son doesnt live there and you havent got his current address - that was the excuse i got from the court baliffs when i was owed money from a disputes tribunal hearing

[crazybigal]

funds cant be reversed unless its going to the same bank, ie westpac to westpac account.
Id go see the finance company, i cant understand why he made you pay 7500 if he only needed 1000 to be paid. i would make a complaint against the debt collector.
If you paid the bike shop, go see them for the rest of your money back, if you can get 6500 back then cut your losses on the grand, you will prob never see it, if he was willing to rip you off selling a bike he hadnt paid for hes never going to pay up.
Good luck with it.


OK at least you can be reasonably sure the money went somewhere traceable, and that the repo man was legit, although I can't understand $1000 owed $7500 paid.

If he watched you log on, change the password.

Possibly you could contact your bank, and see if the transaction can be reversed - after all you were intimidated and threatened - there is no way you would have paid this otherwise until discussing it with family and your lawyer.

Indeed it has not been transferred yet - the bank will have moved the money from your account, but it won't be transferred to Haldanes until tonight.

This makes me sick, I feel you were bullied, and I hate that.

[mstriumph]

.............What can I say I'm a dumb blonde under duress.

settle down Gal :grouphug: ..... we all know it's difficult to think straight when you're stressed ........

.... same as we know it's wrong to back down to bullies - but you have to remember that repo people earn their living by learning to outfox people and get them off balance ...

.... easy enough for us sitting here reading this to say what you SHOULD have done - but i'm sure it wouldn't be as easy as that when actually FACED with a threatening situation like that, totally out of the blue

go easy on yourself - coulda happened to anyone :grouphug:

[crashe]

meon3 - Can you ring Haldanes and ask them what is the total amount owed on the bike? We can post up the shops new phone number for you.

Or could you perhaps pm someone very reliable here in Auckland and ask them to do it on your behalf to cut down toll calls for you. To help you sort out the actual amount owed.

If $1000 is owed, what is the other $6,500 for?

[ManDownUnder]

.... easy enough for us sitting here reading this to say what you SHOULD have done - but i'm sure it wouldn't be as easy as that when actually FACED with a threatening situation like that, totally out of the blue

go easy on yourself - coulda happened to anyone :grouphug:

(Must spread myself around before Tash can have another go)

Exactly right hun... exactly right.

[peasea]

settle down Gal :grouphug: ..... we all know it's difficult to think straight when you're stressed ........

.... same as we know it's wrong to back down to bullies - but you have to remember that repo people earn their living by learning to outfox people and get them off balance ...

.... easy enough for us sitting here reading this to say what you SHOULD have done - but i'm sure it wouldn't be as easy as that when actually FACED with a threatening situation like that, totally out of the blue

go easy on yourself - coulda happened to anyone :grouphug:

Yup, sure can. Happened to me with a right bitch from out west Auckland. I bought a Commodore, paid cash and inherited her debt. It didn't come to light until I went to a Holden dealer to trade it on a newer one. I now know to do a check on any vehicle before purchase. Repo man tried to take the car but for some inexplicable reason it's vanished! Funny that. It's cost me, but I've learnt. I wouldn't give a repo man the stink off my pooh, let alone 7g's. Leaning on a lone woman like that makes him a right tosser, job or no job.

[crashe]

To the legal begals on the site.....

Surely meon3 and krusti's son should have received some sort of letter re this debt before the repo man came a knocking at 7.30am this morning.

So that it could have been sorted out with Haldanes and the previous owner.

After all meon3 and krusti's son has owned the bike for a little while and his name and address would be on the form for them to track him down.


How does the law work in this case........ no paper work requesting payement for the outstanding money owed on this bike?



EDIT: Having watched a lot of similar cases on 'Fair Go' they all had paperwork sent to them beforehand.

[marty]

thread creep i know, but a couple of years ago i sold a late model mini cooper, which,when i bought, did the 0900 check on it. it was apparantley sweet, however the person i bought it from used it as collateral for a $15000 loan, the day she sold it to me!

imagine my surprise when the person I sold it to did the 0900 check.....

although this debt is obviously still out to haldanes, so i guess he was just a prick and didn't pay off his debt. i'm pretty sure he actually commits a criminal offence by selling it with a charge registered, without the intention of clearing the charge (as it is still effectively owned by the finance co)

[peasea]

[QUOTE=crashe;986566]To the legal begals on the site.....


After all meon3 and krusti's son has owned the bike for a little while and his name and address would be on the form for them to track him down.

What form? The registration form? If you supply your correct details on those forms you're nuts. Get a PO Box (several mates can chip in for one, we have access to one) add a false street address, I use one in Wellington and I live in Auckland, and you'll never have your vehicles traced. The rego stuff goes to the PO Box etc and it's all good. I am actually on the confidential register, not easy to do but it's possible. Every time I change vehicles the new one automatically goes on that register, even the cops have trouble with it but whatever dramas I have with them is outweighed by nobody being able to trace my plates.

(As an aside; there is no legal obligation to fill out the name and address portion of a WOF sheet either. All they need is the rego number, frame/chassis number and the cash. I just scribble anything in those boxes....)

[davereid]

meon3 - Can you ring Haldanes and ask them what is the total amount owed on the bike? We can post up the shops new phone number for you.

Or could you perhaps pm someone very reliable here in Auckland and ask them to do it on your behalf to cut down toll calls for you. To help you sort out the actual amount owed.

If $1000 is owed, what is the other $6,500 for?

Following it up with Haldanes sounds like a good idea.

They may be particularly interested in behaving reasonably if they know that 1000's of kiwibikers are following the $1000 debt becoming a $7000 extorted payment.

[HenryDorsetCase]

settle down Gal :grouphug: ..... we all know it's difficult to think straight when you're stressed ........

.... same as we know it's wrong to back down to bullies - but you have to remember that repo people earn their living by learning to outfox people and get them off balance ...

.... easy enough for us sitting here reading this to say what you SHOULD have done - but i'm sure it wouldn't be as easy as that when actually FACED with a threatening situation like that, totally out of the blue

go easy on yourself - coulda happened to anyone :grouphug:

I agree with this. In the states they call it armchair quarterbacking.

what account did the money go into? If it was "dodgy repo man ltd" then you need to be talking to them. (Or your lawyer does). they (repo men) are in a pretty regulated industry, and the VERY first thing is that they have to give you a breakdown of where your money has gone.

Also, if it was Haldanes that Fuckknuckleson owed, get on to them to find out how much (if you can) because it sounds like the repo dudes got at LEAST a $5000 windfall.

Also, talk to your lawyer: sure it will cost you money, but hopefully at least some of it will be recoverable.

[crazybigal]

thats why they ask for a street address, your not ment to be able to get a rego unless you do so.
same with a drivers license. but i have heard of people applying to use a po box on the ground of security (dont want crims looking up were they live to nick their car)
It can be done but its a shit fight



[QUOTE=crashe;986566]To the legal begals on the site.....


After all meon3 and krusti's son has owned the bike for a little while and his name and address would be on the form for them to track him down.

What form? The registration form? If you supply your correct details on those forms you're nuts. Get a PO Box (several mates can chip in for one, we have access to one) add a false street address, I use one in Wellington and I live in Auckland, and you'll never have your vehicles traced. The rego stuff goes to the PO Box etc and it's all good. I am actually on the confidential register, not easy to do but it's possible. Every time I change vehicles the new one automatically goes on that register, even the cops have trouble with it but whatever dramas I have with them is outweighed by nobody being able to trace my plates.

(As an aside; there is no legal obligation to fill out the name and address portion of a WOF sheet either. All they need is the rego number, frame/chassis number and the cash. I just scribble anything in those boxes....)

[ManDownUnder]

Who is the repo guy? You have his card?

Time to organise us a wee conference call... HDC - you available to be on the call? Krusti's good lady wife needed to give permission to even dicuss the situation... I'll facilitate if needed...

2 calls needed
1) To haldanes to confirm the exact amount outstanding (i.e. owing to the shop/credit agency)
2) To the repo guy if anything looks askew. The question of extra cash being transferred is a concern.

[Mully]

the $1000 debt becoming a $7000 extorted payment.

My understanding of this is that the account will be in arrears for $1000, and the finance company/Haldanes have called in the entire loan ($7500). Hence the new figure.

Written notice would have gone to Fuckknuckle's previous address (Massey) and probably been ignored by the new tenants.

As an assumption, I'd think the repo depot went there first, got told he wasn't living there anymore, and queried to rego plate.

Sorry to hear about the situation. I don't think Baycorp will be interested in the debt. Personally, I would have told him the bike wasn't there and made him sod off for a few days (give your boys a chance to get back and try to sort it). But hindsight is 20/20 huh?

[BNZ]

I should add this is krusti's wife here ,he is still in south island with the son on there bikes. I think I am still in shock, the guy turned up at 7.30 and I was still in bed. When He told me I just broke down. I wasnt given any info on the loan etc but was shown that the owner had not paid anything since nov. I didn't know what to do.!

They couldnt repo the bike while it was down south, they dont know where it is...

Can you contact baycorp and see if they know where he is?

[Brett]

I dont know how much use I can be, as there are clearly some legal consultants on here...but if I can help, let me know...this pisses me off, a repo dude should not quell a woman alone at home into anything, and especially should not provide no supporting documentation.

Bloody poor form.

[Beemer]

I see the moron's profile says "flim crew" - flim-flam more like it!

It all sounds a bit dodgy to me, how come they couldn't trace the guy and yet they found you no trouble at all?

As for Fair Go, half the crap they show on that is a beat-up. I'd talk to Haldanes, the repo guy and possibly a lawyer. If the full loan was $7500, does this include interest? If so, why should you have to pay that? It may be worth seeing if you can track him down in Australia and take action. What a prick.

[Grub]

This has appeared on Stuff today of all days and makes very very interesting reading ...

Credit (Repossession) Act ? A little known poor relation
By Bill Bevan, Whitireia Community Law Centre
Content supplied by NZ Lawyer Issue 59
NZ Lawyer is published by LexisNexis - Nz Lawyer | Monday, 12 March 2007

http://www.stuff.co.nz/stuff/0,2106,3990196a12855,00.html

[Krusti]

My understanding of this is that the account will be in arrears for $1000, and the finance company/Haldanes have called in the entire loan ($7500). Hence the new figure.

Written notice would have gone to Fuckknuckle's previous address (Massey) and probably been ignored by the new tenants.

As an assumption, I'd think the repo depot went there first, got told he wasn't living there anymore, and queried to rego plate.

Sorry to hear about the situation. I don't think Baycorp will be interested in the debt. Personally, I would have told him the bike wasn't there and made him sod off for a few days (give your boys a chance to get back and try to sort it). But hindsight is 20/20 huh?
That's how I understand the amount to be worked out.
The bike is in Krusti"s name as son is only 17 & 1/2.
I have been siting here all morning going over everything in my mind and thinking how stupid I was and having uncontrolable outbursts of tears. the only reason I had that much in my account was that I had just been paid out for my car that I wrote off last month I sure as hell couldn't afford it. If I manage to find the guy I dont know what i"ll say.

[ManDownUnder]

Mrs Krusti,

We have a lawyer available (I believe they've been in touch), and I think the simplest thing would be to simply ring telecom, set up a conference call and talk to haldanes - get the specifics of the loan, including

Total amount of loan
Total amount of interest
What was outstanding at the time of the defaultWith that in hand, ring the debt collector and have them confirm how much they took in collection fees

Can/should you get the balance back? I expect do but that's for legal minds to answer specifically.

One step at a time... you'll get there

[The Pastor]

if it were me i'd be on to the cops about some repo man coming and forcing you to give him money. Thats not how shit does down. I hope you get it sorted, this sounds very sus with only 1000 owing, and the repo man making you pay on the spot.

[Mully]

Legal minds might be more able to answer this too:

Is there any point in going to the Police and reporting it for fraud?? Would it help in a disputes tribunal case?? Can he be served court/tribunal papers by mail (in AU)?? Can he be compelled to come to NZ to face the hearing??

Failing that, getting in touch with Farqwit and trying to appeal to his better side (don't think he has oine to start with though).

Just putting it out there.

[HenryDorsetCase]

Don't stress, well try not to. My offer stands

[meon3]

Don't stress, well try not to. My offer stands
Thanks for the offer I have emailed you some info hope it helps.
Cheers Leeann (mrs krusti)

[LilSel]

Your not the only one he's ripped off or owes $$ to...
What an asshole!

[Patrick]

Without any paperwork, he had no right or authority to be there... should have told him to leave your property or the police will be called as he would be a trespasser. He had nothing but a business card??

There may be a debt owing, but it wasn't with you.

Info a little too late now though I suppose... but dickwad did commit an offence (under I think...the Hire Purchase Agreements)... selling the bike while owing money and not sorting out that debt himself. Legal advice definitely needed, but all not lost, I feel...

[LilSel]

Do you have his e-mail addy Krusti?
PM sent

[-df-]

on a side note, was a VIR done on the bike before purchasing (couldnt see any information about that in the thread).

If one was done, and showed no money owing it is illegal for them to repo the bike even if there is money owing on it, if you didn't do one it might pay to.

The reason I say this is my first bike I purchased got repo'd (hadn't done a VIR) so then I talked to someone who gave me the same advice, so ran a VIR and there was no record of money owing (the company had stuffed up and didn't submit this baycorp or something) turned out it was illegal for them to have repo'd the bike and I went to the shop that had it repo'd and got the bike back without having to pay any money.

Might be worth looking into as they legally have to register the money owing on the bike to be able to repo it.

Fingers crossed you get something sorted out!!

-df-

[stanko]

Is it just me being a nana , but why does a 17yr old have a TL1000R in the first place ?

[ManDownUnder]

Is it just me being a nana , but why does a 17yr old have a TL1000R in the first place ?

to get from A to B? (sometime on two wheels too!)

[Ivan]

your first mistake was buying a bike from a fuckin maori.

you're lucky it wasn't stolen in the first place.

The Dover you crack me up withsome of your stuff

[98tls]

If krusti and your son are down this way in there travels there most welcome to call in here and use the phone etc......or anything they need to do to help sort this out..................

[Grub]

on a side note, was a VIR done on the bike before purchasing? If one was done, and showed no money owing it is illegal for them to repo the bike even if there is money owing on it

Verrry interesting. Krusti, if you think nothing good can come out of this ... it already has. Well for me anyway and I have your thread to thank for it.

I have seen a bike on Tardme that i might be interested in. Because of this thread I ran the VIR. It has a Security on it with the Credit Union. He has two bikes registered with greater than $10k owing. No problem I think ... I'll just talk to the guy and work out how to safely pay for it and make sure it is discharged.

So I ring him, chat about the bike. Not happy that he does his own servicing but oh well. I ask him if there's any securities on it. "Nah mate, she's all clean. Check the numbers, you'll be right, I'm on a month's holiday so just keep in touch"

Ooookaaay ... so he lies about the security, is on a month's 'holiday' (out of work?) and in Auckland (me in Welly). After reading about Krusti's repo, The Grub is feeling less that confident about the whole thing.

and I have no idea what to do next.

[meon3]

If krusti and your son are down this way in there travels there most welcome to call in here and use the phone etc......or anything they need to do to help sort this out..................

Thanks for that , they were due to catch ferry home at 6pm but it had mech troubles so they caught the 2.30 one, and instead of staying in welly the night they have decided to ride straight home (I think they may think I need a hug... which of cause I do).
We may be spending a bit of time in ashburton after June as the son has been offered the job down there that he went for interview for. He's over the moon and I just want to cry more (ha ha typical female)

[-df-]

Verrry interesting. Krusti, if you think nothing good can come out of this ... it already has. Well for me anyway and I have your thread to thank for it.

I have seen a bike on Tardme that i might be interested in. Because of this thread I ran the VIR. It has a Security on it with the Credit Union. He has two bikes registered with greater than $10k owing. No problem I think ... I'll just talk to the guy and work out how to safely pay for it and make sure it is discharged.

So I ring him, chat about the bike. Not happy that he does his own servicing but oh well. I ask him if there's any securities on it. "Nah mate, she's all clean. Check the numbers, you'll be right, I'm on a month's holiday so just keep in touch"

Ooookaaay ... so he lies about the security, is on a month's 'holiday' (out of work?) and in Auckland (me in Welly). After reading about Krusti's repo, The Grub is feeling less that confident about the whole thing.

and I have no idea what to do next.

If thats the case please put something on his auction stating he said no money owing, but you did a VIR and there was. Stop some poor guy going through what Krusti is at the moment!!! Or report him to trademe stating what is happening.

Actually, can you PM me the link if you don't want to, people like that fuck me off big time.

[meon3]

on a side note, was a VIR done on the bike before purchasing (couldnt see any information about that in the thread).

If one was done, and showed no money owing it is illegal for them to repo the bike even if there is money owing on it, if you didn't do one it might pay to.

The reason I say this is my first bike I purchased got repo'd (hadn't done a VIR) so then I talked to someone who gave me the same advice, so ran a VIR and there was no record of money owing (the company had stuffed up and didn't submit this baycorp or something) turned out it was illegal for them to have repo'd the bike and I went to the shop that had it repo'd and got the bike back without having to pay any money.

Might be worth looking into as they legally have to register the money owing on the bike to be able to repo it.

Fingers crossed you get something sorted out!!

-df-

For future ref how does one do a VIR?

[-df-]

For future ref how does one do a VIR?

www.vir.co.nz

Costs $25. Best money ever spent.

[MikeyG]

Sounds like the repo man was a real asshole. To get him back go down to his office using the address of the card he gave you, don't go in and see him though just take down the details of his car, rego etc and use that info to put it down as collatteral for a $7500 loan.

[mstriumph]

.........................Ooookaaay ... so he lies about the security, is on a month's 'holiday' (out of work?) and in Auckland (me in Welly). After reading about Krusti's repo, The Grub is feeling less that confident about the whole thing.

and I have no idea what to do next.

nothing

my motto has always been "when in doubt .... DON'T"

it has worked for me every time :yes:




hell and damnation - was gonna say someing really wise or somethin for my 2000th post and it just slipped by without me noticing it :crybaby:

[HenryDorsetCase]

Verrry interesting. Krusti, if you think nothing good can come out of this ... it already has. Well for me anyway and I have your thread to thank for it.

I have seen a bike on Tardme that i might be interested in. Because of this thread I ran the VIR. It has a Security on it with the Credit Union. He has two bikes registered with greater than $10k owing. No problem I think ... I'll just talk to the guy and work out how to safely pay for it and make sure it is discharged.

So I ring him, chat about the bike. Not happy that he does his own servicing but oh well. I ask him if there's any securities on it. "Nah mate, she's all clean. Check the numbers, you'll be right, I'm on a month's holiday so just keep in touch"

Ooookaaay ... so he lies about the security, is on a month's 'holiday' (out of work?) and in Auckland (me in Welly). After reading about Krusti's repo, The Grub is feeling less that confident about the whole thing.

and I have no idea what to do next.

if you get it, go up, and attend the credit union or whoever , pay them the money, get a receipt and confirmation of release of the charge, then pay the balance to the vendor. Having said that I would probably lose interest at about the point he bullshitted you.

buy the Vincent thats on tardme instead. its in bits, but its a VINCENT....

also, if you buy from a LMVD, the one thing you DO get is guaranteed title.

[imdying]

When I brought me ZX6R it had a finance interest registered against it, with the BNZ iirc.

I really like the bike, so I went through all the motions of finding out what the story was. Turned out they had no further interest in the bike as the loan was paid off ages ago. I still made them fax me all of the details, on their letterhead, stating that they definitely had no further interest in the vehicle. Was no problem in the end, but was worth the four or so days it took to get confirmation from them.

If in doubt though, run like hell!

[Forest]

Sounds like you got shafted.

FWIW the bank can easily halt an Internet banking transfer if you ring them. They can also reverse a direct deposit (provide the money hasn't been drawn out of the receiving account).

[Macktheknife]

Sounds like you got shafted.

FWIW the bank can easily halt an Internet banking transfer if you ring them. They can also reverse a direct deposit (provide the money hasn't been drawn out of the receiving account).

Yes they can but you need a good reason, which you have as you can say you were intimidated into paying it.
Give them a call and see what happens.
Above all don't beat yourself up, he is the arsehole, not you.

[Titanium]

The guy may have shifted to Aussie and be working in a film crew


If he is Melbourne or Victoria ..... "I know people" ... I guess you would want interest on the $7500 he owes you .... going rate here is about 10% per day ....

If I can help .... sing out.

Cheers

Peter

[meon3]

Sounds like you got shafted.

FWIW the bank can easily halt an Internet banking transfer if you ring them. They can also reverse a direct deposit (provide the money hasn't been drawn out of the receiving account).

I rang westpac and they told me they cant stop it or reverse it , the woman said to ring the people it was paid to and ask them to give it back !!!!!!!!:angry:

[B-rad]

For those who don't want to pay $25 :)

http://www.ppsr.govt.nz/ppsr-images/html/pdf/pamphlets/Txt-b4-u-buy-v2.pdf

[The Pastor]

For those who don't want to pay $25 :)

http://www.ppsr.govt.nz/ppsr-images/html/pdf/pamphlets/Txt-b4-u-buy-v2.pdf

Thanks for that I didnt know :)

[Goblin]

I rang westpac and they told me they cant stop it or reverse it , the woman said to ring the people it was paid to and ask them to give it back !!!!!!!!:angry:

I cant help but think this repo guy is nothing but a thug and an extortioner! What he did to you was nothing short of a home invasion! Repo does not involve intimidation and stand over tactics. The bike is in Krusti's name so he should have waited until he is back and talked with him about it. Do you know who the guy works for? If I were you I would be going straight to the police and having this guy charged with home invasion or extortion at the very least.

Really sorry this happend to you. Hope you're not too tearful today. :hug:

[Krusti]

Me and Junior did the run from Kaikoura to home (Rotorua and Tokoroa) in one run yesterday. Got home around 11-30pm.

To all those who gave meon3 support yesterday a big thanks and hug to you all. Very rarely do I feel this way but you guys are the best!

This problem is my fault as I was way too trusting and did not follow my own advise! But watch out mate...:bash:

Will post a report on my ride in a new thread when I have time. Over 2500km in 5 days!

I could say things could have been done different but when you have someone standing there wanting something done NOW and you are on your own and you don't want your son to lose his pride and joy....what do you do?

Again thanks guys...

[Macktheknife]

No worries, she is a good sort your meon3, keep us informed on progress, we might still get the bastard.

[Patrick]

Verrry interesting. Krusti, if you think nothing good can come out of this ... it already has. Well for me anyway and I have your thread to thank for it.

I have seen a bike on Tardme that i might be interested in. Because of this thread I ran the VIR. It has a Security on it with the Credit Union. He has two bikes registered with greater than $10k owing. No problem I think ... I'll just talk to the guy and work out how to safely pay for it and make sure it is discharged.

So I ring him, chat about the bike. Not happy that he does his own servicing but oh well. I ask him if there's any securities on it. "Nah mate, she's all clean. Check the numbers, you'll be right, I'm on a month's holiday so just keep in touch"

Ooookaaay ... so he lies about the security, is on a month's 'holiday' (out of work?) and in Auckland (me in Welly). After reading about Krusti's repo, The Grub is feeling less that confident about the whole thing.

and I have no idea what to do next.

Add a question in Tardme... "Why do you say there is no money owing on it when in fact there is $$$XXXX owing? He won't answer it, but after the auction, it will appear... a warning for others...

[ManDownUnder]

No worries, she is a good sort your meon3, keep us informed on progress, we might still get the bastard.

Scratch "might", replace with "will" and add "if it takes till the cows comes home" on the end.

These are the kinds of challenges I love... assuming the help is wanted by Krusti et al.

[festus]

I had to pay the full amount directly to Haldane's Motorcycles

Ain't got time to read all threads, got to get to work, but if not sais already, I would not have paid the repo guy a cent. What was he going to repocess , the said bike was down south so fuck em I say, he should not have muscled you into paying the money, and frankly Haldanes should be bloody embarressed about how this money has been got back.........festus

[Krusti]

Ain't got time to read all threads, got to get to work, but if not sais already, I would not have paid the repo guy a cent. What was he going to repocess , the said bike was down south so fuck em I say, he should not have muscled you into paying the money, and frankly Haldanes should be bloody embarressed about how this money has been got back.........festus

Yeah that's why meon3 beat her self up so much after the guy left. But when your home alone and have a guy standing there wanting something done NOW, it's not easy.

Did not help that I phoned just as he left and said .."tell the guy to repo it"

Poor Leeann.

She did good given the circumstances. Thing is also that we know how much Josh had saved to buy the bike and it is his pride and joy.

Annnnnnnnnnnnnnnd I was there when he bought it! I've got to take some responsibility for it.

Finally.....I'm a nice guy but don't f##k with me or my family!

krusti out......

[Patrick]

Haldanes should be directed to this thread... bad form on thier part perhaps by sending the Repo man onto her? Are they even aware of what happened here????? They got their money at any cost... is that all that is important, like in this actual situation???

Great P.R. to rectify the situation, me thinks???? What do the other 1000's of Kber biker members think, like the ones who may use Haldanes or not as a result????

[Hans]

That is some very good thinking.

[Ixion]

Haldanes should be directed to this thread... bad form on thier part perhaps by sending the Repo man onto her? Are they even aware of what happened here????? They got their money at any cost... is that all that is important, like in this actual situation???

Great P.R. to rectify the situation, me thinks???? What do the other 1000's of Kber biker members think, like the ones who may use Haldanes or not as a result????

It's unlikely to be Haldanes. The finance will have been done through a finance company , Haldanes got their money at the time of sale. It's the finance company that have sent the repo in. They won't give a stuff about peope being upset. And in fairness, they would say that they just want to be repaid the money they are owed.(A few auto dealers run their own finance companies, but it's the exception to the rule)

The culprit is totally the chav who sold the bike. It was not his to sell, he did not own it. It is technically a criminal offence, but no way will you get the Police to get involved, they will say it is a civil matter.

Unfortunately, if the crook cannot be located, options are very limited.

[SwanTiger]

Finally.....I'm a nice guy but don't f##k with me or my family!
Looks like two people successfully did; the man who sold you the bike and the man who came to reposess it. So what are you intending on doing about it?

[Krusti]

To be brutally frank the fault lays to a great extent at my feet. I believed the guy when he said he would clear the debt.

He signed a piece of paper stating that he would pay it. Not really worth the paper it's written on. I was STUPID. No other way of putting it.

Haldenes are not to blame...the guy who we got the bike off is. You live and learn although at my age I should have learnt this lesson long ago!

Trouble was it was the day after Boxing Day, we had ridden from Wanganui Street races all the way to Auckland and wanted to take the bike home then.

I don't for the life of me know why he can't be charged with fraud. But if he could our courts would probably be ground to a halt.

krusti out....

[avgas]

That sucks man. Do you know which 1 it is? address etc.

[Patrick]

Fair calls all above... not Haldanes fault at all, my bad...

Fairly sure there is an offence of selling an item that is on HP, as it is not yours to sell until you pay for it, meaning someone else still has an interest in it (ie finance co)... There was someone who did just that with a fridge and they were charged and dealt with in criminal court... will look into it and get back to ya...

[Edbear]

Fair calls all above... not Haldanes fault at all, my bad...

Fairly sure there is an offence of selling an item that is on HP, as it is not yours to sell until you pay for it, meaning someone else still has an interest in it (ie finance co)... There was someone who did just that with a fridge and they were charged and dealt with in criminal court... will look into it and get back to ya...


Interested to see how this pans out. I'm sure Haldanes would be very sympathetic though it would be a stretch to expect them to help financially and no-one is suggesting they should, of course.

Sympathies Krusty and family! It sucks that there are so many people prepared to either batantly rip others off or are casually unconcerned about the affect their selfishness has on others. I'm sure you're beating yourself up enough over this that we don't need to!

[Patrick]

Interested to see how this pans out. I'm sure Haldanes would be very sympathetic though it would be a stretch to expect them to help financially and no-one is suggesting they should, of course.

Yep, fair call, Haldanes are clearly not at any fault, I stand completely corrected.... the Finance Co and thier repo man are the only ones but they will not give a stuff....

[JimBob]

I think you may find that Haldanes did engage the repo man. Because motorcycles have been such a high risk venture for the finance companies, the shops have ended up carrying the debt if the loan defaults. This has had the effect of the shops being a lot more careful as to who they offer finance to.
A complaint to the repo ombudsman wont get all your money back but you may get something to make you feel better.
Nothing wrong with buying something that has a debt attached, as long as you know. Instead of giving the guy the money you both wander down to the shop and you pay them or take over the finance or whatever.

"Nah mate, she's all clean. Check the numbers, you'll be right, I'm on a month's holiday so just keep in touch"
Ooookaaay ... so he lies about the security, is on a month's 'holiday' (out of work?)

The security that has been registered has to be cleared by whoever put it there. Ring them up and ask if there is actually any money owed before calling him a liar. He would have to be real dumb f** to invite you to check up if he thought he owed money
Good luck

[Forest]

I rang westpac and they told me they cant stop it or reverse it , the woman said to ring the people it was paid to and ask them to give it back !!!!!!!!:angry:

Sounds like you got a call-centre monkey.

They can definitely reverse a direct deposit. I have had to do this once before (through the National Bank).

Do you have an account manager you can speak to?

[Mom]

Interested to see how this pans out. Sympathies Krusty and family!!

Yepper a totally horrible place to be........God I can but imagine how traumatised I would be with a boffin demanding money from me when I was in my dressing gown........what a cock, and I know operating beyond his authority. There are papers that have to be produced before someone can "demand" to be paid.......(that may be worth a follow up)


I believed the guy when he said he would clear the debt.


In a perfect world why wouldn't you? To our shame it appears less and less likely that you can rely on anyones word....dont beat yourself up mate, there is no shame in believing in others!


I think you may find that Haldanes did engage the repo man. Because motorcycles have been such a high risk venture for the finance companies, the shops have ended up carrying the debt if the loan defaults.

Haldanes will have organised the repo agents..........20 years ago I was known to engage repo agents to go get for me because it has always been "Dealer To Pay" if a deal goes sour. You can not blame them for this thugs actions at all, they need to get the bike back or the money else they pay the bill. I wonder though if a call to the cops is in order, hearing Meon3 tel it this bloke coerced the funds without the proper paper work.........

Good luck with it guys.........what a mess!!!!!!!!!

[festus]

Again still have not read all comments, but (without debate about privacy acts yadda yadda) I'm suprised no-one here has not found this guy yet, i.e. cops, justice department, LTSA people who frequent this site??

or have you tracked down this liar?

Festus

[JimO]

he is in aussie

[FROSTY]

Just a little point here
Theres 2 types of finance available to dealers nowadays
Recourse and Non recourse.
Recourse is how things used to be and the dealer was responsibble for the debtand have to organise getting the money from the customers.
NON recourse is the most common finance nowadays.
Basicly the bike shop acts as an agent for the finance company.
They are not responsible for the debt in any way once the bike has rolled off the showroom floor
Basicly folks if you are buying any motor vehicle privately do a security check on it BEFORE you hand over the cash.

[The_Dover]

Basicly folks if you are buying any motor vehicle privately do a security check on it BEFORE you hand over the cash.

especially if it's off a dodgy little irishman like frosty....

[mikey62]

The rules (in laymans terms).The creditor (finance company) would have sent a notice to the last known address of the wanker. After 15 days they can instruct a repo agency. The Credit Repossession Act states the only times to carry out repo work is 6am-9pm Mon-Sat. Sunday and public holidays are out.

The repo guy probably found out the bike had been sold so he would have checked the motor registry centre, found Krustis name and address and went there. The repo agent would have had to produce a copy of the Pre-Repossession Notice as well as identification establishing he has authority to act on behalf of the creditor. The Privacy Act prohibits divulging too much info so the repo guy has a quandary as he either has to get the bike or the money from someone other than the wanker without giving away too much info.

Mrs Krusti could have told him to bugger off but the guy would have been back. I know you will all say that Krusti could have hidden the bike etc but in the end the bike would have been repo’d. And if you think you would have bullied the repo guy into getting off your property then your mistaken. Anyone who wilfully and forcibly obstructs an agent can be up for a fine of up to $10,000. The repo guy could also have gone to the cop shop, produced his paperwork and had them assist (we’ve done this before). It all sounds like the creditor or the repo agent are the bad guys but that’s why you have to do a VIR or check the Personal Property Security Register. Turn your thinking around. If you sold something and weren’t paid for it what would you do ?

Also, don’t think that as it’s a finance company (or bank) they can afford it. This kind of things happens quite a bit. What do you think would happen if companies wrote off hundreds of thousands of dollars for this type of thing ? No one could afford to buy things on H.P. cause the interest rates would be huge.

If the bike wasn’t worth fifteen grand ($7500 to the wanker plus another $7500 to the creditor) I would have enjoyed the bike (absolutely ferken thrashed it) while I had it and then given it back.

My 2 cents

[ManDownUnder]

especially if it's off a dodgy little irishman like frosty....

or a frosty little dodgyman like Dover?

[Mrs Busa Pete]

he is in aussie

Check electrol rolls in Aussie if you know what part he is in.

[ManDownUnder]

So... Krusti's immediate issue aside... who was this masked man that showed up on the doorstep, demanding money?

Who did he work for and was he operating on the fringes of his authority? Krusti - I fully expect you want to put this all behind you (shit I would!) but I'd love to know who the repo guy is, get an understanding of exactly what they did wrong and make sure they are held responsible for any strongarm BS they use.

Debt colection is fine - no problems at all.

Mafia collection techniques however...

[davereid]

And if you think you would have bullied the repo guy into getting off your property then your mistaken. Anyone who wilfully and forcibly obstructs an agent can be up for a fine of up to $10,000.

Are you saying that if a repo agent shows up at my place snooping around looking for a vehicle to repo that I cant turf him off ?

[crazybigal]

no they cant! only if it is the same bank. ie, national-national
it is up to you to get the money back from the person you paid it to.


Sounds like you got a call-centre monkey.

They can definitely reverse a direct deposit. I have had to do this once before (through the National Bank).

Do you have an account manager you can speak to?

[vifferman]

What do you think would happen if companies wrote off hundreds of thousands of dollars for this type of thing ? No one could afford to buy things on H.P. cause the interest rates would be huge.
Ha ha ha ha!!!:laugh::rofl:
Good one, Dude!

News for you - a lot of the interest rates ALREADY huge! Credit card rates are what? 19 - 23%? And we made the mistake of enjoying interest free courtesy of GE Finance, paying only slightly more than the minimum payments each time, and are now getting hit with $100/month interest as a result. The way they went about it was really dodgy, as it wasn't evident that this was going to happen: no mention of interest rates, what our debt was, etc. Pricks. Yes, it was OUR responsibility to find this stuff out, but they made it very hard to do so.
If we continued with the minimum payments now, I have a suspicion that our debt to GE would actually GROW each month.

[Jantar]

.... The repo agent would have had to produce a copy of the Pre-Repossession Notice as well as identification establishing he has authority to act on behalf of the creditor. The Privacy Act prohibits divulging too much info so the repo guy has a quandary as he either has to get the bike or the money from someone other than the wanker without giving away too much info....
The point here is that got Mrs Krusti to pay the entire amount outstanding on the bike, plus interest, plus collection charges. I do believe that legally the interest and collection charges can only be enforced against the person who signed the origional contract, and therefore the repo agent overstepped the mark on the amount he got Mrs Krusti to pay.


Mrs Krusti could have told him to bugger off but the guy would have been back. I know you will all say that Krusti could have hidden the bike etc but in the end the bike would have been repo’d. And if you think you would have bullied the repo guy into getting off your property then your mistaken. Anyone who wilfully and forcibly obstructs an agent can be up for a fine of up to $10,000. The repo guy could also have gone to the cop shop, produced his paperwork and had them assist (we’ve done this before).
Fine, but the bike wasn't on the property, so Mrs Krusti could have told him to bugger off without obstructing him in any way. Sure he could have come back with the cops, but the bike still wouldn't have been there.



It all sounds like the creditor or the repo agent are the bad guys ... The manner in which this repo guy stood over Mrs Krusti does make him the bad guy. That is duress, and New Zealand law does make it illegal to get money through duress. Its considered the same as theft. There are legal methods, including repossession, but once again, THE BIKE WASN'T THERE.

[Patrick]

Ha ha ha ha!!!:laugh::rofl:
Good one, Dude!

News for you - a lot of the interest rates ALREADY huge! Credit card rates are what? 19 - 23%? And we made the mistake of enjoying interest free courtesy of GE Finance, paying only slightly more than the minimum payments each time, and are now getting hit with $100/month interest as a result. The way they went about it was really dodgy, as it wasn't evident that this was going to happen: no mention of interest rates, what our debt was, etc. Pricks. Yes, it was OUR responsibility to find this stuff out, but they made it very hard to do so.
If we continued with the minimum payments now, I have a suspicion that our debt to GE would actually GROW each month.

Simple math really... amount of loan divided by xx months on interest free equals the amount you need to pay monthly, interest free. Any less, or the minimum recommended amount, yep, you will be paying interest...

[vifferman]

Simple math really... amount of loan divided by xx months on interest free equals the amount you need to pay monthly, interest free. Any less, or the minimum recommended amount, yep, you will be paying interest...
I guess that made me sound thick - I am actually reasonably good at maths (96% in School Cert. maths....). It was more a case of them not letting us know what the true interest rate was, and while we were paying during the interest-free period, they did not let us know things like what the principal / amount outstanding were. Also, we had two separate interest-free periods for different items, so it was a little complicated from our point of view when they were compounded on one statement.

But (however!) the most telling item is "Mechanic's Car Syndrome" - I'm married to an accountant, so our finances will naturally gravitate towards the chaotic... :rolleyes:

I guess my point is this: GE (and I would imagine, many other financiers) seem to be deliberately obfuscating; they hook people into credit deals with offers of interest free and/or no deposit, and make the real details quite difficult to ascertain. Plus because most of these companies are overseas-owned, they have no real competition here, and charge very high interest rates compared to what you'd pay in Murka, Pomgolia, etc.
But I admit the bottom line is caveat emptor. I don't blame them for our financial position, but compared to other financial dealings we've entered into, GE seem very very good at smokescreens, when I thought the intent of the laws regarding disclosure were supposed to prevent this.

[imdying]

Bahahahaahh, rubbish... you must have been able to work out weekly payments times the number of interest free weeks you were given??? Can't have a whole lot of sympathy for ya :lol:

Of course they're not going to help you work out what's best for you... they don't make money that way! At least you'll not get stung again :yes:

[MaxB]

I was in Haldanes on Saturday and it was empty. OTOH the other bike shops I went to were all packed. Is that the winter slowdown or something else?

I still think that legally Haldanes are in the clear but morally they might try to help out a little. They are connected with a finance operation that frightens ladies home alone and shakes them down for money. It is not a good look.

I have my own small business and spend a lot of time and effort building up rep and incidents like this are poison for any company.

Ride safe

[dickytoo]

I guess my point is this: GE (and I would imagine, many other financiers) seem to be deliberately obfuscating;

I dealt with GE on my aussie sojourn. you should try dealing with their call centre. i just about burst a couple of blood vessels each time.

the call centre is based in India but they pretend to be locally based. (oh yes, the weather is lovely in parramatta, isn't it? etc, etc) it wasn't until i managed to speak to a local person that i was able to get a satisfactory result. even the team leaders were starting to avoid taking my calls.

Never again. (but GE bought out most of the other finance companies in Oz and I think they are the dominant player so choice can be rather limited).

[Goblin]

The point here is that got Mrs Krusti to pay....
The manner in which this repo guy stood over Mrs Krusti does make him the bad guy. That is duress, and New Zealand law does make it illegal to get money through duress. Its considered the same as theft. There are legal methods, including repossession, but once again, THE BIKE WASN'T THERE.I'd like to know who this repo guy is and who he works for.

Any update yet Krusti and Meon3?

[Mom]

I'd like to know who this repo guy is and who he works for.

Any update yet Krusti and Meon3?

Me too! Mind you some of the repo agents i used in the past were pretty dodgy blokes, they always had the correct paperwork to hand though.

[mikey62]

Are you saying that if a repo agent shows up at my place snooping around looking for a vehicle to repo that I cant turf him off ?

A repo agent has to have a bloody good lead to go onto someone elses property cause if he's wrong there are implication for him as well. In this case Krusti came up on the motor reg centre so thats a pretty good reason.

Mikey62

[Mully]

I dealt with GE on my aussie sojourn. you should try dealing with their call centre. i just about burst a couple of blood vessels each time.

the call centre is based in India but they pretend to be locally based. (oh yes, the weather is lovely in parramatta, isn't it? etc, etc) it wasn't until i managed to speak to a local person that i was able to get a satisfactory result. even the team leaders were starting to avoid taking my calls.

Never again. (but GE bought out most of the other finance companies in Oz and I think they are the dominant player so choice can be rather limited).

Off topic, but.....

GE have done the same here. Took over all the Pacific Retail Finance accounts (Noel Leeming HPs for example), and are a complete pack of bastards.

If you have a Hire Purchase (or I guess any finance) after you have paid it off, ring them and close the account. If you don't they will continue to charge you a $25/year account fee (even if you have paid them off!!) and they will put penalties, etc on that fee.

No sympathy for people who don't pay their purchase off within the interest free period and then have a whinge though.

Sorry for the off topic. Is there any news on this??

[Max Preload]

A point in law. If someone is owed money on a bike - they have ownership (in part or in whole). Remalpa clause I think it's called "Title does not pass until payment is made in full"

If person A is owed money on the bike, person B doesn't own it... yet

So person B is not allowed to sell it to C - person A actually owns it.

Person A being a finance house or similar (in this case)
B being Farquharson
And C being our friend here on KB.

Sucks to be caught like this but it makes sense. So now B (farqnuckle) owes C (Krusti) $7,500

I haven't read the whole thread to see if someone has corrected this but that advice is just completely wrong. A security registered against a motor vehicle (or any asset the finance company might accept as security) does not mean that the finance company owns the vehicle. It means that the motor vehicle is being used as security for a loan. In the event of default on that loan the security can be seized and sold.

A 'romalpa' clause is to do with the title of goods not being passed to the seller until the buyer has paid for them and is now defunct anyway since the Personal Property Securities Act came into force.

[Krusti]

Just an update...

Main focus now is finding Mr Farq. Have a number of feelers out but I think it will take some time.

There are also some very helpfull KBers helping in other ways and all I can say is..... You guys are tops!

Will update when there is a development.

Again thanks guys and yes some of the offers of help may be taken up yet.

krusti out....

[Macktheknife]

Good luck Krusti, let me know if I can assist, have a couple of mates in Aus who could perhaps visit and discuss the matter.

[Patrick]

A repo agent has to have a bloody good lead to go onto someone elses property cause if he's wrong there are implication for him as well. In this case Krusti came up on the motor reg centre so thats a pretty good reason.

Mikey62

No paper work = get the fuck off my property...

[Xtat1k]

1 email sent...

You from the crew of Spooked?
email me... I'm doing a little research you might find interesting
Cheers
email address here

I'll let you know what comes of it. At least we'll get an email...hopefully an address... any thoughts on what I could be "researching". I want to ask his address to I can send him a draft... but of WHAT???


If he replies to your email you can get his IP address and should be able to get somewhere from there, I found a couple that skipped to oz owing a finance company mega bucks, turned round and gave them an address.

[Titanium]

Have you tracked him down as yet?

Cheers


Peter

[rok-the-boat]

Here: http://www.consumeraffairs.govt.nz/businessinfo/hirepurchase/repossession.html#steps

It says:
Step 1 Pre-possession noticeA Pre-possession notice must be served (hand delivered, sent by registered mail or ordinary post) on the debtor and any guarantor. This notice must specify the nature of the default and require the debtor to remedy the default within a period (which must not be less than 15 days after service of the notice).

The Pre-possession notice does not need to be served where the creditor has reasonable grounds to believe the goods have been or will be destroyed, damaged, endangered, disassembled, removed, or concealed contrary to the provisions of the contract.

eg, moving house without telling the finance company of the new address may be grounds for the finance company to repossess without notice.

The creditor must not take possession of the goods until the period set out in the Pre-possession notice has expired. If the creditor does not follow the steps set out before taking possession of the goods he/she can be fined up to $3000. The debtor can be granted relief with such terms as the Court agrees.

-------------
This is about repossession - but you paid instead of letting them repossess. I wonder, should they have given you 15 days notice to pay, as above, and might they be fined by that $3000 mentioned above? I hope so. Good luck.

Just a thought - I am no lawyer.

[Ixion]

Tricky poin though. All these requirements refer to the "debtor". Which is the dude who has skipped. The financer may well have sent all those notices to *his* last known address.

[Shaun]

Krusti, who is the finance company involved in this?