Car reposession laws

[Cuey]

Case closed...

Called Queensland Transport today as it is marked at unemcumbered

Thanks very much for all your help. We just don't appreciated being lied and bullied, and now have the proof and legal grounds to prove we are in the right

Thanks heaps again,

Rock and Roll On!

[Chippar]

Originally Posted by devilcv8

They contact who they have details for, and yes that is the person on the rego papers. Are you saying it isn't possible for me to buy a car, have the receipt in my name but register the car in my son's name. The car is mine, rego doesn't mean anything.



if the mother in law has a receipt in her name then the car belongs to the mil. taking possession of it though will mean civil action. she can't report the car as stolen because it isn't, and the gf can provide receipts showing she is paying the loan, but again if the loan is in the mil name it complicates things more.

either way, the mil can't do anything unless she takes civil action.

You are 100% correct.

A person or persons whose name/s appear as the owner/s on a A Bill of Sale with clear title for that vehicle, is the lawful owner of that vehicle irrespective of whose name is on the registration papers. (As appears to be the case in Cuey's situation with the G/F's name on the purchase receipt. ie. Bill of Sale..)

Glad to see it all worked out well for you and your G/F Cuey.

[gngtho]

Originally Posted by Cuey

The question is....

Can the stepmum ask the family friend to put down the car as being encumbered, when legally it isn't? As the car has been paid in full.

The car was bought in NSW by stepmum without my gf present. (We live in QLD) Receipt is in gf's name, rego (QLD) is in gf's name, but as far as i'm concerned, the car has been paid in full and is not used as security for the agreement between gf and stepmum, so we should be in the clear???

No she cannot do that if so you have a strong case against the step mum and the car yard.

What you can do is call the MTA motor traders assosiation and report the car yard for falsifieing information the car yard can loose their licence to trade under thier current name and manager.

if the missus has all the papers no one at all can touch this car mate.

That is a garranty.

[gngtho]

Glad to see you got the car still.

and tell the missus not to worry.

by the way merry x-mas and a Happy new year.

[nickd]

Glad to hear the final outcome, great to see so much support and information brought forward by everyone.
You don't get to read this kind of info great stuff guys, really happy to be part of such good blokes.
Happy New Year to you all.
Nick

[paul_r_d]

This is interesting, I asked my brother this who is a family solicitor. He told me it is quite simple:

Repossession means: to take away an item of value in compensation due to contracted monthly repayments not being made. For all they care the pope can be making the repayments.

The stepmother can't "repossess" the car. The finance company would. There for the car remains as is. If the stepmother and girlfriend wish to pursue ownership, it becomes a civil issue and is dealt with at small claims court.

He told me she would have a very strong case if she has evidence of bank statments/receipts in her name being payed to the finance company and registration and insurance in her name.

[Cuey]

Thanks again boys,

Have a happy and safe new year

Can't wait till March...bring on Orion

[devilcv8]

This is now sorted (and the GF name is on the receipt as well)but just to answer a couple of points.

Originally Posted by BENT_8

If by some chance she rocked up on the doorstep and asked for the keys the GF would only have to ring the police who would come out and see who the car is registered to, sales reciepts aren't recorded as proof of ownership on a registration and the police can only go by the owners details as recognised by the dept of motor vehicles, in this case it would be the GF as the recognised owner and the police would wish all a happy new year and be on their way....civil matter.

sales receipts are the only proof of ownership. As answered above, rego papers are not proof of ownership.

You can buy a car and lend it to your son but from every dealing i've ever had with motor reg the registered owner is the outright owner.
the rego is the title, the name on the title is the owner, only a registered interest can be noted on the VSR if finance is involved. It doesn't appear on any rego details.

Rego papers are not title, even the pamphlets available on buying a car state do not rely on rego papers as proof of ownership. I have previously purchased a car, receipt in my name, and registered it in the name of my son.

Infact if memory serves me right when a car runs out of rego it can be re-registered by someone else without even as much as a current rego slip, all you do is apply for a renewal of registration for an unregistered car.

not in NSW you can't. You have to provide either a receipt or proof that the car was registered in your name.

[paul_r_d]

[QUOTE=devilcv8]Rego papers are not title, even the pamphlets available on buying a car state do not rely on rego papers as proof of ownership. I have previously purchased a car, receipt in my name, and registered it in the name of my son.
QUOTE]

Here in Victoria they will not allow that. My father did the same, bought me a car and had it registered in my name. BUT I had to sign a declaration infront of a Justice of the Peace, saying that my father is now transferring ownership and I am the rightful owner of the car.

If I did not do this VicRoads will not have registered the car in my name.

I dont know about other states, but I know Victoria is the tightest asses when it comes to car dealings. They are way to strict! Hell in QLD you dont even need ya p plates showing!

[devilcv8]

ok, looks like as usual, every state is different.

[old_mate]

yes, p plates need to be shown now in Qld by law.

And by the by, i recently wanted to have a vehicle owned by me transferred into my name from my dad's but Qld transport wanted a RWC for that to happen.

[BENT_8]

Originally Posted by devilcv8

sales receipts are the only proof of ownership. As answered above, rego papers are not proof of ownership

Thats rediculous, imagine this, a person comes to my house for some beers, gets hammered and asks to leave his car at my house rather than drink driving, I naturally suggest he leaves the keys incase i have to move it.

Going by your theory i could wack a 4sale sign on it, sell it to the first offer, give them a receipt in the original owners name and the car goes home with a new owner coz they have a non official piece of paper with a signature the dept of motor reg wouldn't know is right or wrong.
They rego it the next day with nothing more than a piece of lined writing paper with the words recieved the sum of $......from joe bloggs, before the original owner can do anything about it and when the cops come knocking i tell them he was drunk explaining the dodgy signature and his lack of recall.

If thats how things work where you live it's a bit shonky!

[devilcv8]

Originally Posted by BENT_8

Thats rediculous, imagine this, a person comes to my house for some beers, gets hammered and asks to leave his car at my house rather than drink driving, I naturally suggest he leaves the keys incase i have to move it.

Going by your theory i could wack a 4sale sign on it, sell it to the first offer, give them a receipt in the original owners name and the car goes home with a new owner coz they have a non official piece of paper with a signature the dept of motor reg wouldn't know is right or wrong.
They rego it the next day with nothing more than a piece of lined writing paper with the words recieved the sum of $......from joe bloggs, before the original owner can do anything about it and when the cops come knocking i tell them he was drunk explaining the dodgy signature and his lack of recall.

If thats how things work where you live it's a bit shonky!

And when the new owner identifies you as the person who sold it to them, you get to spend some time with bubba.