Need some advice

Priapus

Priapus

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Hey guys,

So, the SO's brother sold 'his' car his Mom gave to him a few years ago to some uncle of a friend.

Now, the agreement was that this uncle would pay off the car on monthly instalments and once completed the SO's brother would hand over the papers.

So, surprise, surprise, things went wrong:

1. It took the guy many, many months to pay and always had stories. However the car has been paid for now
2. While driving the car around he racked up thousands in fines

Problem now is that the car is still in SO's Mother's name and this guy hasn't done a change of ownership on it.

Now the SO's mom is trying to get her current car into her name (Paid off the bank, so she owns it now) - however the traffic department refuse to put it into her name until fines are paid on the other car.

We don't really know where this guy stays anymore and I think since he took so long to pay 10k for an old car - paying for the fines will be a long process. :(

So.. what to do?

I know this issue will take many months to resolve. The SO's mother cannot drive the new car as it's not in her name and thus insurance is an issue.

So for the short term maybe we move the car into someone else's name so it can be registered.

However - what to do about this other car?

As far as I know we still have the papers for it.

We just want it off the mothers name.

Any advice?

Thanks all.
 
I am pretty sure you can have it written off if it is still in your name.

OR

Go to the police and tell them that it's been stolen by this guy - he shouldn't have a leg to stand on.
 
If you have the guys details you can have the fines transferred to him. Then all you do is take it off your name.

I did the same thing with a bakkie I once sold. Only had about R2000 fines on it tho
 
Can we just scrap it?
I guess we would need to pay the fines still ?
 
Tander said:
Can we just scrap it?
I guess we would need to pay the fines still ?
Click to expand...

No, you cannot scrap it without a certificate or something from a scrap yard.

You can deregister it off your name tho. If you transfer the fines onto the other guys name then they won't be a problem. You honestly should have been doing this as you received them anyway.
 
Madman88 said:
No, you cannot scrap it without a certificate or something from a scrap yard.

You can deregister it off your name tho. If you transfer the fines onto the other guys name then they won't be a problem. You honestly should have been doing this as you received them anyway.
Click to expand...

Well I am aware of that. This isn't my problem - I am trying to help a family member out.

I have been told they don't have the papers for the car - so now what? screwed?
 
Tander said:
Well I am aware of that. This isn't my problem - I am trying to help a family member out.

I have been told they don't have the papers for the car - so now what? screwed?
Click to expand...

Your MIL needs to do the following:
Get an affidavit stating that this other person is the driver of the vehicle and that the other person is responsible for the fines.
Go to the traffic department with their ID and get a replacement set of papers. (may cost a couple of hundred).
Then just get the yellow paper, fill it in with the new owners details and back date it to the date of the sale and hand them in at the same time.

If they give you hassles about the fines, give them the affidavit.

It will probably take a day but then its sorted.
 
Madman88 said:
Your MIL needs to do the following:
Get an affidavit stating that this person is the driver of the vehicle and that they are responsible for the fines.
Go to the traffic department with their ID and get a replacement set of papers. (may cost a couple of hundred).
Then just get the yellow paper, fill it in with the new owners details and back date it to the date of the sale and hand them in at the same time.

If they give you hassles about the fines, give them the affidavit.

It will probably take a day but then its sorted.
Click to expand...

Awesome thanks.

So we will need the details of the "new" owner and their ID?
 
Tander said:
Awesome thanks.

So we will need the details of the "new" owner and their ID?
Click to expand...

Ideally yes, at least the id number if not a copy. Otherwise there is a way to remove yourself as the registered owner without actually writing the car off, but I'm not 100% sure on the procedure and you will need that information for the affidavit anyway.
 
Your very last option is to deregister the car. It will move onto no ones name and the other will not be able to register it. Why you just go and fetch the car?
 
Because we don't know exactly where he stays. Also he has paid for it - its just a matter of it being in the wrong name. I think we are going to try deregister it or just scrap it.
 
Tander said:
Because we don't know exactly where he stays. Also he has paid for it - its just a matter of it being in the wrong name. I think we are going to try deregister it or just scrap it.
Click to expand...

Which area do you stay in? (can't see on mobile if it shows)
 
You can't transfer ownership without the natis registration certificate. I assume you now have that since the car is settled?

Next time read the terms of your finance agreement more carefully. You may not transfer ownership of the car while it's financed unless that finance is settled as part of the sale.
 
Sinbad said:
You can't transfer ownership without the natis registration certificate. I assume you now have that since the car is settled?

Next time read the terms of your finance agreement more carefully. You may not transfer ownership of the car while it's financed unless that finance is settled as part of the sale.
Click to expand...

OP said that there is a current car that the mil has recently paid off. And an older car that for the last few years was a hand me down to her son - safe to assume that there is no finance agreement on that and it had been transferred into her name long ago.
 
Vis1/0N said:
OP said that there is a current car that the mil has recently paid off. And an older car that for the last few years was a hand me down to her son - safe to assume that there is no finance agreement on that and it had been transferred into her name long ago.
Click to expand...
OH right, sorry, I misread when he said the friend would pay off in monthly instalments. I thought me meant THE monthly instalments... sorry.
 
So how was the guy renewing his license disc on the car? Is he driving the car illegally then? Surely you're made aware of fines when renewing your annual license?

I'm continuously surprised by how inept your traffic departments are, people driving cars for years that isn't on their names, renewing their licenses and racking up fines and the only time you find out about it is when you buy a new car?
 
diabolus said:
So how was the guy renewing his license disc on the car? Is he driving the car illegally then? Surely you're made aware of fines when renewing your annual license?

I'm continuously surprised by how inept your traffic departments are, people driving cars for years that isn't on their names, renewing their licenses and racking up fines and the only time you find out about it is when you buy a new car?
Click to expand...
Very good point!!
 
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