by Ignatios  18/07/2019  0 Page Views
0 Comments  Commercial law, litigation, contracts, IP, property law

Long story short, I know I effed up but need to sort this asap.

  • I had a new car loan for my business
  • in 2015 I decided to sell the car
  • Neighbor (another business) said he will take the car and take over the loan
  • He registered the car into his business name
  • 3 years all ok no payments missed, March this year he defaults on the loan balloon payment
  • Finance company repossess the car, following up on the matter a few times, he tells me he doesn't want the car anymore and he wants to return it (witnessed by 2 people on 2 days)
  • I asked him to state that in writing or sign the rego papers back, he refuses to sign anything
  • I pay the loan out to avoid a credit default and take the car back
  • I go to the RMS with receipt from the finance company RMS refuses to register in my name, tells me I need a stat dec
  • I get a stat dec done, RMS again further refuses, saying they also need proof of ownership/entitlement from a court

So my question is, I don't want to spend money on lawyers, etc, what's my next step in court, do I just file a statement of claim or is there something more specific I need to file and or in a different court?

Has anyone had experience in such matters? I know this guy won't turn up to court, he is just making this difficult for me.