Help required - Bike repo

[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 ..... 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

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=peasea;986580]

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,...a12855,00.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 default

With 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.