legal advice needed

Discussion in 'The Sump' started by leslie hempel, 21 Aug 2013.

  1. leslie hempel

    leslie hempel Moderator MASA Contributor

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    Hey guys I have a problem.

    Sometime last year I sold my car to a guy. But I had lost the origional papers. I applied and paid for new papers and got them a few weeks later.

    upon recieving the papers I contacted the purchaser of the vehicle to tell him we need to do the change of ownership. He flat out refused. Keep in mind I was still paying insurance on the vehicle incase it got involved in an accident as it would have come back to me.

    I phoned him and said he had untill the next day noon to do the change of ownership. He was absolutley a pig to me and put the phone down in my ear

    I went the next day and had the car taken off my name.

    that was in december.

    he is now phoning me and demanding the papers. I keep telling him its between him and the traffic department now.

    now hes going around with the police looking for me. Lol.

    He even sent me a message yesterday stateing that I have defaulted on the 21 day period given to change ownership.

    A bit of a nutcase if you ask mr.

    but my question is:

    do I have any obligation to him?
    Or is it between him and the traffic department now as I believe it to be?
     
    Last edited: 21 Aug 2013
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  3. Express Reef

    Express Reef

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    Did you setup a contract? You should have stated on paper you give him x amount off days to put the car on his name... but if you took the car off your name, I think its then no longer your concern
     
    Last edited: 21 Aug 2013
  4. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    We had a contract regarding payment. But nothing to the latter. But hes clearly in the wrong if the car was sold in november./december and hes only coming to me now for the papers
     
  5. Dave F

    Dave F

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    By law when you sell your car you should take it off your name, the seller then has 21 days to get the car onto his name, if he has not done that it is not your problem. However I think to prevent you from much frustration maybe arrange to meet him at the police station and then settle the matter there. Just one option, I am sure there are others.
     
  6. mukesh

    mukesh

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    Yes you are correct Les , the onus is now on the new owner to get the roadworthy certification and transfer of ownership, The only reason he is looking for you lol. is because he needs the log book of the vehicle to get c.o.r and purchase new licence, which i guess must be expired now. As long as you have a purchase and sale agreement, it's his baby now.
     
  7. the fish

    the fish

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    Hi Les. the problem is between him and the Traffic department. you have done what you needed to do and the guy straight out refused to do his part. the police cant do anything to you. but they could arrest him. lol
     
  8. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    Lol.
     
  9. Wynie

    Wynie

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    Same happened to me, but with a bike. You were still nice. I scrapped the bike after 3 months of nagging the guy to change ownership. But definitely not your problem anymore.
     
  10. RiaanP

    RiaanP Moderator

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    How long after the sale did you do this?

    Even if you did wait longer than 21 days for the paperwork, you did what you could do within a reasonable time frame.

    As far as I know, if the buyer do register the car within 21 days, the seller do not even have to go in and stand in those long lines. But as a seller, you must do it on day 21 for guys like these.

    Else all those speeding / parking tickets will still be coming your way.

    Best part is that if he did pick up tickets from the time you took it off your name, he will get them all now with the new license. There blows his budget.... Pow...
     
  11. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    i was very nice untill he started shouting at me...

    when i tried to talk on the phone he said i must shut up and listen, if i want to talk i must call him.. i warned him that he needed me more than i needed him..

    now hes come back but hes harrassing me properly..

    he wants a copy of my ID and a letter from me saying i sold him the car... and the proof of the scrapping..

    im not too sure i want to help..
     
  12. JamesHunter

    JamesHunter

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    If you scrapped the car you have created more issues for him than you want he wont be able to get it onto his name with out your assistance.

    You should have filled in a form the 4 page one with sellers and buyers details as well as the cars details this would have gone to him signed by you and him.

    There is also a one page form you should have filled in with his details and the cars details i think its green this is what you hand in taking the car off your name from the date you received payment.

    If you have scrapped the car its still on your name as you own the "scrap" and the only thing is that on Natis it now does not have a REG number.

    If i was you I would meet him at the traffic department stand in the Q and get it sorted as he will not be able to get this vehicle on his name with out you and yes you wont get the fines ect but he will bug you for ever as he wont be able to license it.
     
  13. 459b

    459b Moderator MASA Contributor

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    Even if you hadn't scrapped it, he is driving an un licensed vehicle and will need to send it through road worthy again as its license expired.
    Be a good guy and send him a certified copy of the papers saying it was scrapped, he'll get to stand in the que then get sent home.
     
  14. Bendor

    Bendor

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    Be wary of the unstable people out there. I would provide him with what he needs just to make him disappear. Meeting at a police station sounds like a fantastic idea.
    :wacko:
     
  15. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    Well im currently under arrest. Bet this is the first time someones posting on masa from choekie
     
  16. RiaanP

    RiaanP Moderator

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    and the charge is?
     
  17. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    Assault gbh. He says I broke his jaw but he looked perfectly fine when he left my work which he came to and made a nuisance of himself at!
     
  18. the fish

    the fish

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    security cameras at work maybe?
     
  19. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    Nope..
     
  20. williet

    williet Look at the shiny LEDs!!!

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    They allow Cells in the Choekie ????


    Do you have witnesses ? Also check the aligations. if he says you broke his jaw with your fist, Have a doctor inspect your hands for bruised tissue. This will go a long way. The quicker you can prove him to be an non-truthworthy person, the better.

    I think you need to open your own case after this -defamation of character.
     
  21. Marcd50

    Marcd50

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    Sorry to hear this Leslie, hope this gets sorted out soon
     
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