Hello all fellow Ozbargainers, pull up a chair and grab some popcorn and take a listen to my story….I'm keeping specific detail minimal due to the fact this may end up in court.
The Story:
So back in August 2013 I responded to an ad for a for private vehicle sale on Ebay. I went round and the vehicle was pretty much exactly what I wanted at a good price $7500.
The guy talked me into putting a $500 deposit on the car claiming many people were calling and wanting to buy it. I was a little nervy but really wanted the car. The guy seemed legit.
The car was to be sold with a RWC and he was to provide it within 7 Days and I would come back with the rest of the cash then.
I get a phone call 2 days later that the RWC was as good as done, but the car needed to go in for a second inspection in which it was 100% guaranteed to pass and told me I needed to go round and give him the rest of the cash and that he couldn't get time off work so I would need to take the car in for the second inspection the following day.
I went round and asked to see the pink paper of the second inspection for the RWC, in which he had conveniently misplaced. After some great bs artist work he convinced me it was 'all good mate' I reluctantly parted with the rest of the cash and wrote into the contract that any further works in the RWC would have to be completed by him if any.
I took the car in and there was a lot of work needed, called him back he said no problem bring it back he will do the work.
I took the car back and told him to fix it, to which he agreed. Two days later he calls me up and says the car is blown up and towed to a mates garage and his mate had started pulling it apart to put parts on another car for me. I said no way, I'm coming round to sort this out, he claimed he was interstate and couldn't help me out, I said tell me your mates address Ill go round and sort it with him, he refused. I went round the the 2 Addresses I had on my transfer papers and he wasn't at either property or was hiding, and neither was the vehicle.
He kept answering his phone, and said he will pay me the money back, to which I said you must pay my money back, you lied to me about the RWC and then took my car and won’t give it back.
I have spent the last 5 months in conjunction with a Debt collector (Family Friend) chasing him for the money. The moron keeps claiming he will pay me, but his story keeps changing, and he has said he will and has paid at least 10 times now, I don't believe a word he has ever said to be true. I have become quite enraged about the whole thing.
I had this guy investigated and he has had 7 Judgements against him in the last 3 years and has been forcibly bankrupted by the CBA 18 months ago (Foreclosed for $400,000) (well before he incurred this debt with me) but no further judgements against him since then.
I went to the police and told them the story, they said even though its technically my car, I gave it to him and its not stolen, its a civil matter, take him to court.
I have had a lot of different ideas about what to do next and my legal standing.
I ask the OzB crew the following for opinions on potential actions, Assuming he has no assets or cash whatsoever right now, and I have not spoken to him for 2 months while the Debt collector has been hassling him for the money with no success. I have not yet attempted to go round and confront as I am thinking it will do nothing as this guy is obviously used to being harassed for money.
Take him to VCAT and get a judgement. then
a) Then take immediate action in court to force him to front court and explain his financial situation. (about $1200)
b) so that I can sue him within the next 15 years if he becomes financial again, or if a bank is stupid enough to loan him money for a property.Wait 2 more years so the bankruptcy term is finished, then get my judgement at VCAT so I am potentially first in line to get cash for the next 15 years should he become financial. I believe I have 6 years to make a claim.
Smash him with everything I have got spending 5K and bankrupt him a second time if he doesn't pay while he is still bankrupt so that he will probably never ever get credit again, and I will get satisfaction of knowing that he has 2 bankrupt permanent records (if this is possible).
Forget about it all and enjoy life and treat it as an expensive lesson in how not to get ripped off and tell the missus she was right not to pay that day :) And know that this loser will always be a loser and will mess with the wrong person one day.
Open to any suggestions or thoughts on how others may have handled this sort of thing.
I am quite upset learning that a person can pretty much just get away with this theft/fraud.
Is there anything else I have got wrong? What should I do?
Cheers!
The rest of the story:
EDIT: https://www.ozbargain.com.au/node/131581?page=1#comment-1818…
Pretty sorry to hear the story. To forgive and forget looks best to me as you would have to spend much more time in all this if you would go for other options. I don't know how much you could potentially recover out of this — but think about your valuable time and all those costs for taking him to court. In my view it may not worth it.