Legal HELP!!!

B

b_crazy

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Hey guys,

If you have any knowledge on law please read on...

I put down a deposit on a second hand vehicle at a Jo'burg dealership (name withheld for now) last month. [-]The purchase price is R-k and the deposit I put down was R-k.[/-]

I needed a week or so to get the difference but when I went back to get the car "Luke" - the dealer told me he's having legal trouble with his business partner, and the partner is in possession of both the vehicle and its papers.

Wait for it...

Now, the "partner" does not want to release the car (even though I have the balance) and he is driving it.

Why don't I just get my money back you may ask?

"Luke" says his "Partner" has withdrawn money from the business' account and he's busy trying to get the money back and he can't give me the money until he gets it back from the "Partner".

I don't want another vehicle from his dealership (understandibly) and want either the cash or my car.

What's my legal recourse? :(:( Short of literally busting his balls:mad::mad:
 
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Nope, that's a classic con technique Luke and "Partner" will bounce you from one to the other until you give up.
 
No legal recourse unless you received either proof of payment or some signatures or both.
 
Fraud unit of SAPS immediately.

Every hour that goes past will reduce your likelyhood of ever seeing your deposit again. Also if the car magically reappears refuse it and demand money back.
 
Freshy-ZN said:
Fraud unit of SAPS immediately.

Every hour that goes past will reduce your likelyhood of ever seeing your deposit again. Also if the car magically reappears refuse it and demand money back.
Click to expand...

What he says....
 
If he is prepared to offer a different car, take it, but twist his arm into giving you, say a R50k car for your R40k.

Failing that, take a loan car from him (also more expensive) until he sorts things out, but get paperwork done to prevent him just repossessing it when he feels like it.

If you report him for fraud he has the option of paying you back to get you to drop the charges, but if his story is true then he won't have the money to pay you, and even if you win in court you then still have to go the civil route and by the time you've paid your lawyer you won't see much. And if it's a CC he can just close up and walk away.
 
I am confused as to how this act of not being able to repay a deposit or provide the goods the deposit was made against constitutes as fraud.

Surely it's a case of breach of contract, and now it's up to what exactly was signed?
 
Drake2007 said:
Nope, that's a classic con technique Luke and "Partner" will bounce you from one to the other until you give up.
Click to expand...

Yes. No doubt this is a scam. They have 'sold' or layby'ed the same car to more than one buyer. And collected all the deposits. I knew someone that did this and eventually got busted, but the buyers never ever saw their deposits again.

Legally there are many routes (all very frustrating). IMO go to a debt collector and have him break some bones :)
 
Its a scam the same way on GUMTREE they advertise holiday flats and give you a bank account to deposit money into. (flat does not even exist).

What I cannot understand is the lack of simple financial logic that is displayed here. I bet CRAZY can give your chapter and verse on which ISP to use yet he goes to "a car dealer" with no brand backing, i .e Mccathy or Imperial and simply places money in their hands.

Buyer beware.. Unfortunately CRAZY will have to write it off to experience he will never get anything back
 
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ToxicBunny said:
Then go to the bank....

Reverse the transfer....
Click to expand...

Just got back from the bank. They can't touch the account without a subpoena. They then can freeze the a/c during investigations. This would surely take months?
 
Hagu13 said:
If he is prepared to offer a different car, take it, but twist his arm into giving you, say a R50k car for your R40k.

Failing that, take a loan car from him (also more expensive) until he sorts things out, but get paperwork done to prevent him just repossessing it when he feels like it.

If you report him for fraud he has the option of paying you back to get you to drop the charges, but if his story is true then he won't have the money to pay you, and even if you win in court you then still have to go the civil route and by the time you've paid your lawyer you won't see much. And if it's a CC he can just close up and walk away.
Click to expand...

Unfortunately the company is a CC. He doesn't seem to have full control over very much. I do have somebody in there who says the partner was over at the place yesterday morning with the car. Apparently "Luke" is trying to have the cops solve this ***.

I'm now caught in the middle of 2 sulking babies fighting over candy.
 
That was the old days of CC's, members now are held accountable.

And it is very simple, Luke took your money - Luke is held responsible.
Blaming things on the "partner" doesn't cut it and you should not accept any of that explanation/excuse.

Now post the name of the dealership so other people here have fair warning.
 
Drake2007 said:
That was the old days of CC's, members now are held accountable.

And it is very simple, Luke took your money - Luke is held responsible.
Blaming things on the "partner" doesn't cut it and you should not accept any of that explanation/excuse.

Now post the name of the dealership so other people here have fair warning.
Click to expand...

Not before this is resolved. The legal implications :erm:

Is the "partner" just as responsible as "Luke"? Seeing as I've been dealing with "Luke" the whole time.
 
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