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

Farquharson D & F
47 Santa Monica Dve Papamoa Beach Mt Maunganui	0-7-575 5001
Farquharson D J
16 Rob Roy La Wanaka Queenstown-Lakes	0-3-443 6278
Farquharson D W
A/15 Stronsa St Palmerston	0-3-465 1578
Farquharson Dr T N
24 Hours 641 Manukau Rd Epsom Auckland	0-9-625 6173

[MyGSXF:Me]

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

[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/b...ion.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.