Help required - Bike repo

[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/b...ion.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?