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Last edited by Rusty; 05-05-2011 at 07:44 PM.
shit man sounds like you have had your fair deal of bad luck.
id report your car stolen and all the other goods of yours he has, if you prove the things are yours, there is no reason why the cops wouldn't go over there and get your stuff back.
Starin at the world through my rearview
Go on baby scream to God, he can't hear you
I can feel your heart beatin fast cause it's time to die
Gettin high, watchin time fly
Id give the coppers a call first. What he's doing is illegal so I'd say try to resolve it the legal way first. Any correspondence between to two of you that you can provide with respect to text messages, voicemails or emails could help your cause so id start compiling that. Also contact ebay and try to get you items taken down from sale. If anyone buys them they could be impossible to get back.
Thanks heaps for the advice guys, I have a few idea's but not keen on rushing into a decision too quick. Although the longer i leave it, the more he could be destroying and selling! Is hard to think rationally whilst furious!!
Report it to the cops, fly over, confront him. Done deal.
report it all stolen if you have receipts and serial numbers it shouldn't be a problem and then i'd fly over there and repossess the car as well
None of it is stolen. It was willingly given to him to start with, albeit to be "stored" but without any proof of that original agreement other than his word against yours, then that agreement is effectively meaningless and almost impossible to prove - unless there's witnesses.
And what he is doing is NOT illegal unless PROOF can be provided that the items aren't his. I.e. You must have receipts for the items or some form of ownership identification (like an engraving) on the items, or something along those lines (like records of serial numbers, date/location of purchase). So if you can PROVE anything he has of yours, is in fact yours, then go to the Police with that proof and they'll take it from there. If you have no proof that any of it is yours other than his word against yours, well then you can probably kiss it all goodbye and learn a lesson from it.
Otherwise, what's to stop me from going to the Police and saying "my mate has all this stuff of mine in his house and he's started selling it on eBay but it's MINE and I want it back!" They'd need proof.
Regarding the car... Have you transferred the ownership with the RTA (or whatever the equivalent is) yet? If you have, once again he could simply say he paid you cash and you have received the money and not give a toss. The car would legally be his. Another lesson learnt. If you haven't transferred the ownership of it, then report it stolen.
He's obviously a low life but it's pretty easy to think about what he's doing from his point of view. It's not hard to rip people off. It's why it's such a common occurrence. Thankfully, most people in society have certain moral and social standards. Then there are sociopaths and other people that don't. Hard to pick a lot of the time too. As a result, I trust VERY few people.
Sadly what CSP says is true. You need to prove ownership first, then if you can do that take it to the small claims court. I would still go to the Police and chat to them about it, get their side, maybe even find a lawyer via legal aid to give you some advice.
Unfortunatley you have learned that people cannot be trusted. Confronting him is not the answer, you could just end up on assault charges which would probably stick making you bitter and twisted against the system (you get charged while he gets away with your stuff.) There was a similar case here in SA recently where a women went back with friends to sieze her property left behind after she moved out and then told she couldn't have it. She was arrested and it went to court and she was convicted of break and enter.
Good luck
Really, at the end if the day your best bet is to see a solicitor who can advise you of the correct and legal course of action to take.
Useful info and basically what i expected to hear! Thanks guys.
The car is still in my name luckily and will be the bargaining chip if he wants to screw me around further!
Big lesson learnt - trust no one!
Good luck mate, tough times keep your head up.
Maybe the wrong thing to do....but....fly over there and steal his shit and drive your car back to QLD![]()
I wouldn't let some dude who I called a "friend" do that to me, but if you want to do it legally, as Troy711 said, see a lawyer.
Pay some bikies goto he's house he'll be giving your shit back and also some of he's for compensation
Actually CSP is not fully correct,, Registration doesn't prove owner ship at all, he would have to prove that you received money, threaten police action he should crumble
yeah.. i could buy a car with my own money and put the rego in my mums name or whatever.
but yeah i'd report it stolen mate
Hey all, all the advice is much appreciated.
Spoke to police today, they said i cannot declare it stolen as we had a verbal agreement (even though the deal fell through..... - great laws!).
Rang department of transport and they were too busy telling me my licence is suspended for not returning the licence plates off the car in Karratha (thanks guys). Have put a note on file so i get a phone call if he attempts to register the vehicle.
Police will do absolutely nothing. They told me to see a lawyer (fantastic, get to blow thousands more of hard earned).
So all in all, great day! Was hoping for quality advice from the two phone calls but i managed $170 fine, suspended licence and another kick up the ass by the useful Karratha police.
Will keep you all updated, personal repossession is starting to look the most cost effective and by far the most fun!
EDIT - The car was stored after it got stolen - it has damages to transmission and a few other things and unfortunately is not drivable interstate. In saying that, i would rather repo it and blow the damn thing up than see this slimy pr!ck end up with it.
Like I said, go there without him or anyone around him knowing and steal some of his stuff (including your own)
I don't see the downside...
Then sell his stuff (unless you want it) as compensation
Cheers for all the advice guys, a reasonable result has been achieved! Will wait and see if this deal is upheld.
Don't talk to the guy for a while, let him think that you've given up and then secretly go there and steal his stuff. I don't see how they would look for the OP first?If you read my earlier post, a lady here in Adelaide did just that and got convicted for it. The first person they would look for following the break/enter/taking of goods would be the OP.