Help required - Bike repo

[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/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.

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/MemberPr...mber_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/memberpr...ber_id=898177?

[ManDownUnder]

Step 1 track him down..

oooo looky what I found... http://www.oldfriends.co.nz/MemberPr...mber_id=898177

not this guy - http://www.oldfriends.co.nz/memberpr...ber_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