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Thread: written off then dealer stocked no court orders

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    written off then dealer stocked no court orders

    I would like to know if a company can firstly write off you account. Then re register your vehicle in their name without your knowledge and without ever applying for a court order to repossess your vehicle. Then try to repossess the vehicle without a court order as they simply dealer stocked the vehicle and it did not cost them a cent. Who pays the insurance on the car and who pays the license fees? Can they go this route to avoid the cost of repossessing a vehicle?

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    Platinum Member sterne.law@gmail.com's Avatar
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    In the absence of more specific detail it is difficult to answer this, however two general aspects may provide some direction
    NO person or company can repossess without a court order, that is clear.
    However, often with financing transactions, particularly vehicles, you do not become the owner until it is paid for. Banks normally have this in their contracts. Essentially it means the vehicle is mine and therefore I am not repossesing it. Of course it then becomes a contract dispute, and they are possibly in breach.
    The quick path to recovery is a spoliation order.
    Anthony Sterne

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    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Diamond Member Justloadit's Avatar
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    Yep, thats what I experienced when I purchased a vehicle and financed it through Westbank. On the month of the final installment, they sent me the registration papers with my name on it. Before that it was under the name of Westbank.

    Interestingly though, and traffic offenses are directed to you, and you are still responsible for the offenses.
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    On the printout from the licensing department we were registered as the owner and Nedbank(MFC) the title holder and we paid our license fees. Since last year MFC vehicle loss department is registered as the owner and we can not renew the vehicle license.

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by BernadineO View Post
    On the printout from the licensing department we were registered as the owner and Nedbank(MFC) the title holder and we paid our license fees. Since last year MFC vehicle loss department is registered as the owner and we can not renew the vehicle license.
    This is actually quite an interesting twist.

    The introduction of the owner / title holder differentiation was to ensure the owner (or debtor) could not dispose of the vehicle without the finance house's knowledge.

    What you describe ups the ante in a pretty interesting way.
    The trouble with opportunity is it normally comes dressed up as work.

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    Platinum Member sterne.law@gmail.com's Avatar
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    Quote Originally Posted by Dave A View Post
    This is actually quite an interesting twist.

    The introduction of the owner / title holder differentiation was to ensure the owner (or debtor) could not dispose of the vehicle without the finance house's knowledge.

    What you describe ups the ante in a pretty interesting way.
    I suspect foul play!!
    Perhaps you should engage an attorney.
    Try ProBono.Org they have a consumer clinic run by Werksmens, I think on Fridays. You may not qualify for proBono though but call.
    Anthony Sterne

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    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    I am just wondering? why did they write off the account? how much was it? for what period was it in arrears? had you perhaps moved & not receiving notifications?

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by flaker View Post
    I am just wondering? why did they write off the account?
    For tax purposes only, probably.

    It doesn't mean they have given up on recovering the debt though. Any recoveries would be put through as bad debt recoveries in the tax year in which the recovery occurs.
    The trouble with opportunity is it normally comes dressed up as work.

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