I may be victim of fraud-please advise

phippsyg · #1 05-25-2009, 06:10 AM

This is a question probably more for those with an understanding of Australian law, but any comments would be helpful at the moment.
After a string of not so fortunate events with my car I decided to ebay it, just to get rid of it. The first day of listing a guy contacts us and says he'll take it that day, which he does. My wife handles the deal and completely forgets to get the guy to fill in the notice of disposal (sale). So now the guy has our car, still in our name. He has relisted the car on ebay, and turned the clock back significantly, along with some other dodgy practices, and says he is selling for a friend (us). So not only does it appear that the car is now being sold by me with false information, but any fines or anything that happens whilst the car is being driven are my responsibility. Am freaking out and would love some advice.
Cheers.

Relic · #2 05-25-2009, 06:16 AM

I guess to ask the obvious, have you tried contacting this guy to get it all sorted out?
If he's unresponsive, then I would contact eBay immediately to see if they can pull the auction. That, plus talk to your local police. They may not be able to do much, but having it on file that you tried to report and resolve the issue may be pertinent should some trouble come from this down the line.
Hopefully this all gets sorted out for you!

phippsyg · #3 05-25-2009, 06:28 AM

Thanks for your response. We have contacted the guy by email but without any response. At the moment the only evidence we have of him even having the car is the ebay auction so we don't want them to pull it down until we can sort something out. The main concern at the moment is what is being done with the car that I supposedly own. I rang the RTA (roads and traffic authority) and they said that there was nothing that could be done!

Otso · #4 05-25-2009, 06:56 AM

Report the car stolen?

L-A · #5 05-25-2009, 08:11 AM

As of right now, reporting it stolen seems like the good thing to do. The guy has no proof of property, has turned the clock back and is selling it.

warwick.hoy · #6 05-25-2009, 10:28 AM

Hang on to whatever money you made off of the auction.

Spector_Ray · #7 05-25-2009, 10:34 AM

Quote:

Originally Posted by phippsyg

Thanks for your response. We have contacted the guy by email but without any response. At the moment the only evidence we have of him even having the car is the ebay auction so we don't want them to pull it down until we can sort something out. The main concern at the moment is what is being done with the car that I supposedly own. I rang the RTA (roads and traffic authority) and they said that there was nothing that could be done!

You've got his contact information and you have paperwork to prove the car is yours(insurance records, payment book, etc.) He has nothing really and you can still contact ebay regarding your auction of the car.

i_got_a_mohawk · #8 05-25-2009, 10:47 AM

+1 on reporting it stolen if it is still in your name.

The guy is going to have a heck of a time trying to keep the car or money in that case!

phippsyg · #9 05-25-2009, 04:43 PM

Unfortunately I don't have his contact details, all we have is his ebay username. He told my wife his name was Jim. If I report it stolen I guess we are then lting because it can be proved he bought it through the auction. He has the registration papers.

Pilgrim · #10 05-25-2009, 05:49 PM

Don't report it stolen - but report this incident to the police immediately. In the US your wife would have broken the law by not dating and signing the title, but it sounds like the paperwork is different there.

What you DO want to do is go on record immediately as having sold the car and no longer being responsible for anything that happens. The new owner could run down a pedestrian and walk away, leaving you apparently responsible.

Get on record NOW with the local police so that you are off the hook for anything this crook does with the car. AND - contact Ebay immediately and advise them of the fraud being conducted with the turned-back odometer.

And any email you send to this guy - send yourself a copy so that you have a time-stamped record of the communication.

::::BASSIST:::: · #11 05-25-2009, 05:59 PM

I would go to the police office in person to demonstrate your sincerety in resolving the matter. But this is serious and the police should definitely be involved.

iamlowsound · #12 05-25-2009, 06:29 PM

Have a friend contact him saying that he wants to see the car. Once he is there, you pop out of the trunk and hit the dude with a sausage.

lowsound

anyonefortennis · #13 05-25-2009, 07:08 PM

Quote:

Originally Posted by iamlowsound

Have a friend contact him saying that he wants to see the car. Once he is there, you pop out of the trunk and hit the dude with a sausage.

lowsound

I lol'd

Kenbuntu · #14 05-25-2009, 08:31 PM

Quote:

Originally Posted by iamlowsound

Have a friend contact him saying that he wants to see the car. Once he is there, you pop out of the trunk and hit the dude with a sausage.

lowsound

This really does seem to be the best option.

Now in more detail:

Your buddy "Chad" is interested in that guys car. You must STILL have some spare keys for the car. Now when Chad gets out of the car, you get out as well. Since it was only your wife who saw the man, you should pass by undetected.

Now, this is where it gets tricky.
Tell Chad to ask him if he can see the papers and service records. If this guy is the shady person i think he is, hell go inside for a second only to come out with nothing in his hands.

But wait, as soon as hes gone inside, you get the hell back into your car, Chad drives his bike/car home, and you'll have a car thats yours. Unfortunately, I wouldn't try selling this car again, and I would drive it till she dies.

Side note: If you arrive there in Chad's car, make sure he parks it at such an angle that the license plate is not easily visible from the guys driveway.(ie. Parking at an angle or across the street etc.)

Now if you want to go for GOLD this is what you do:

Do Everything stated above, except this time, you wait till he gets the papers. Look through them and make sure You see the ebay stuff. Thats when you take hold of them, "look through the oil changes and whatnot" and have your buddy distract him by asking him to pop the trunk. Now this is when you slide into the driver's seat, and slip the key into the ignition. But DO NOT Start the car yet. Just pretend that you're 8 years old, and moving the steering wheel, is as close as you'll get to driving that car.

At this point in time you WILL have the papers in your hand.
Now make sure Chad makes small talk with the guy. If the guy goes for a few beers, tell Chad to get in his car, and book it. If not, make sure Chad is keeping him busy. This is when you put the car in neutral, push back, turn the car on, race down the street to the finish line (your garage). Chad will have to be as surprised as the guy so make sure you get a good actor, a soccer player of some sort should suffice.

This is when chad makes a break for it.
Within 2 hours, this mission should be done, and i dont think the guy can do much about it. The car's under YOUR name, and HIS papers are in YOUR hand.

If you're feeling sorry for him, drop his cash at the end of his driveway before you drive away or do a driveby, and throw it at his window.

All's well that end's well.

::::BASSIST:::: · #15 05-25-2009, 08:38 PM

That's just

Right Snakey

as a friend of mine would say.

phippsyg · #16 05-25-2009, 11:20 PM

One of my first thoughts was to go and "get" the car back. However now that I have a family, and the guys seemed pretty dodgy, I don't want to have the stress of any worry of repercussions.
I made the police report. at first the police officer told me it wasn't a police matter and wouldn't even take the report. I convinced her to take the details but there is still no legal security for me apparently. Am so close to going back anf getting it. We sold the car for a ridiculous price just to get rid of it and stop worrying about it and now it has turned out really stressful.

::::BASSIST:::: · #17 05-26-2009, 12:01 AM

Maybe just get his address and show up at his house with the correct paper work and sign it over to him. Apologize and say your wife forgot to do the paperwork properly and you just want to clear this up so that he can rightfully own the car.

Its possible the friendly approach will likely get better results.

Disco_Gee · #18 05-26-2009, 12:29 AM

Contact the RTA. They should be able to help you out, or at least point you in the right direction. I am certain this thing happens regularly - you won't be the first to contact them concerning an incomplete "Notice of Disposal". Obviously you don't have the other guys' details, but you may be able to get them if you contact ebay Australia and explain the situation to them.

Perhaps it's worth using the "security centre" link? Contact page is here: http://contact.ebay.com.au/ws/eBayIS...Portal&guest=1

**Rune Bivrin** · #19 05-26-2009, 01:13 AM

If this was in Sweden I'd get the car "put off", which means it's no longer registered as an active vehicle, and it no longer requires any insurance. If anyone is caught driving it he is committing a crime, but that's the driver's responsibility, not the registered owner's.

I don't know if that's possible in your country, though.

L-A · #20 05-26-2009, 06:47 AM

Quote:

Originally Posted by Rune Bivrin

If this was in Sweden I'd get the car "put off", which means it's no longer registered as an active vehicle, and it no longer requires any insurance. If anyone is caught driving it he is committing a crime, but that's the driver's responsibility, not the registered owner's.

I don't know if that's possible in your country, though.

In Canada that'd work too. You would be the one called if someone tried to insure it.