Hey all, bit of a random thread here but I havnt had ANY experience with the law or solicitors in the past and though I would post the question here.
I loaned money from my parents for my car, the car was registered into my dads name for the first year, I recently (about 4 months ago) changed vehcle rego from hisname to My name, but I stupidly let him keep his name on the rego cert as secondary (if there is even a classification as that). So some issues have gone down and I have been told of I dont pay him the rest of the loan he will get his solicitors onto me to repo my car etc. The money for the car was taken from my partents homeloan and I have payed over half of it off already. Do I have a leg to stand on?![]()
registration is not a legal proof or form of ownership. it was never intended to serve as proof of ownership.
if you owe money on the car then you have to pay it back. legally, as i understand it, the lender can only repossess the car if it was offered as security on the loan or if you have defaulted on the loan contract and the sheriff decides to repossess it as security for the money owing.
it has nothing to with the rego though.
Your car can be only repo'ed by a court order. I'm not sure what a secondary owner is - must be a qld thing. He may sue you for he balance of unpaid moneys however if you are paying it off in the agreed way I suggest that would be very silly. I'd just keep paying it off asap so it is one less issue you need to deal with. It sounds like you have a bigger problem than just the car right now. Good luck with it.
Reaper
Do you have a contract that you signed?
If so did this contract state how much you have to pay back and at what rate? Providing you keep repaying at that rate he can't do squat. Clearly your old man is an idiot(sorry but seriously what parent does this?), i'd ignore him.
"Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind."
- Theodor Seuss Geisel
Sign it into someone else's name, Pay the money fast. LAst resort if your truly worried.
But, I believe only a finance company on your final warnings for not paying, Can then only repo your vehicle.
I don't believe anyone else can, Legally.
The other issues is a private matter, Which might be dealt with in a court, But even then I'm sure a judge wont ask you to sell the car to pay back the money. An agreement will be struck up, Which there is already one in place, Which you have held up your end of that agreement, So don't worry so much.
Pay away with a little on top, There is not much a family friend etc can do, Other then court. Which you will be paying the same amount back anyway if that happens.
But if your still worried, I'm sure there is some free legal advice out there, Call someone up, Drop into a office and talk with them, Just to ease your mind.
Originally Posted by Yoda
Well, there was no contract made, I pay $110 a week and should have it payed off in roughly 16 months, the account it goes into is a joint account that my mother and father own, my mother wants me to continue to pay it as I am. Thanks for the reply's im not as worried now.
No contract, youre fine. Just keep paying it off the way you are and dont worry about it.
lol if the money goes into a joint account he cant do squat anyway mate.
Tell him to jam a bowling ball up his arse![]()
"Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind."
- Theodor Seuss Geisel