My Alfa GTV6 + Alfasud held for ransom

[WhiteAlfaGTV6]

Hi,

Don't know if there are any Lawyers in the club but hope to get some guidance. Due to the terrible weather last weekend I was unable to pull my cars on a trailer with a conventional car as you know it was very soggy.

Sadly I was unable to move them before the house settled and had discussed what I thought was a solution via the real estate agent to get them this weekend. This however didn't seem to be communicated correctly.

I was refused access to my vehicles today as he (the new house owner) claims there is some breach in the contract regarding cleaning and wants some sort of compensation. Anyway I was escorted off the proprty by the police who suggested a Caveat?? I didn't talk to the buyer directly as I'm sure I wouldn't have remained calm for very long. Anybody know of these and any actions I can take to get my beloved back.

Cheers,
Lee.

[Darryl]

We do have some lawyers in the club - see sponsors page of arocaqld site for contact details. Good luck - never mind the law, what sort of person is this unreasonable about something (the weather) beyond anyone's control... amazing....

[hammer]

Lee,

That's outrageous mate. Sorry to hear it.

Give Steve Jones a call. I'm sure you've met Steve over the years as he's been club President on a couple of occasions. His work number is 3341 7311 (Jones, Leach, Hawley Lawyers).

Cheers,

Brent

[Cool Jesus]

Mate, that's is such a load of Bullsh1t 

I take it you can show the vehciels are your property?
There is no way your real estate contract had the vehicles included in the sale. Can the other bone head show the cops were the cars are stipulated on the sale docuemnts? Then the police giving you legal advice? Since when are they advocates, they enforce the law, the cars are you property, the new owner has no claim of right over your vehicles, he needs to hand them over or find himself in possession of property unlawfully obtained (maybe even larceny). The cops just took the easy out as far as I'm concerned on this one. Go down and see the supervisor of the local station, hopefully with some paperwork that shows you own the cars. Tell him, your heading down there and would appreciate a car crew to prevent any breach of the peace and go get your cars.

If the new owner has an issue with the house sale, he can take it up with his solicitor, he has no business or lawful reason to hold your property. Don't let anyone try to double talk their way around handing over the cars.

Having had this rant, there is one thing. All of the above is possible only if you have easy access to the cars? If there's gates and such that are locked you may have an issue. Take heaps of photos, hopefully of the cars if they're visible from the street and you'll have to seek a court order to retrieve your property. Just pop down to the local court and they'll help you out with the paperwork. There's going to be a cost, however give the numbnuts notice of the legal action you're taking and advise them that you will be seeking all costs incurred.

[Cool Jesus]

Lee, just had a closer look at your post and it doesn't look as easy as I first posted above. Having settled the sale, makes it a little difficult to just walk in, unless it was stipulated in writing somewhere that the vehicles were not included in the sale. A caveat is a legal interest in property so that they can't be sold without proper authority, similar to finance companies placing a caveat (encumberance) on vehicles that are secured under a loan. There should be some forms or info on how to go about this on the website which used to be known as REVS;
http://www.ppsr.gov.au/Pages/ppsr.aspx,
do get some proper legal advice too, you don't want to create more issues than what you already have.

[WhiteAlfaGTV6]

Thanks for the replies. I will look into the legal avenues tomorrow should reason fail.

I feel now the only way to get over my current depression may be to purchase a new 4C.

Cheers,
Lee.

[WhiteAlfaGTV6]

It appears the contract does state that anything left behing (despite natural disasters) belongs to the new owner of the house and he has refused to hand anything over.

Should anyone see a white alfasud circa 1980 with period mag wheels or a White 1985 GTV6 with white Ronal A5 wheels for sale or parts please let me know.

A letter from the lawyer threatening legal action has ben sent but could just as easily be disregrded.

Lee.

[Paul Gulliver]

It appears the contract does state that anything left behing (despite natural disasters) belongs to the new owner of the house and he has refused to hand anything over

The contract might state that , but in victoria ( don't know about Qld) Vic Roads certainly won't change the registered owner on the strength of that. Why don't you tell the owner that unless he returns them you will be reporting the cars as stolen.   

[Cool Jesus]

Hey didn't you say that the new owner had a gripe about cleaning and wanted compensation? Why not see what $$$ will compensate his gripe to hand the cars over aswell. What a fcukn arsole! Hard lessen learnt on this one mate. Any luck on placing a caveat or lien on title for the vehicles, it will make it impossible for him to dispose of the cars. If they do go on any sites for sale make sure you let us and all the other forums know. You'll probably have to get a proxy to buy and collect them for you, otherwise he'll renig when you pick them up.
Unfortunately reporting them stolen wont resolve the issue, it may even exacerbate the conflict. Need to use persuasion on this one. Your gonna have to eat humble pie with this twat and negotiate the return of your cars. Every dog has his day.
Or even a secret black ops Alfa rescue one day when new owners aren't home 
What cars I found my cars on the street and brought them home! The new owner must have moved them. Keep us posted, keen to see how this turns out for you. Would be best to find a legal resolution to, you'll sleep easier.

[WhiteAlfaGTV6]

Hi,

They haven't been registered for a while however I'm the last registered owner. Doesn't really count for much. I've thought about many options including stealing them back while he's distracted or perhaps just a small nuclear warhead. If I can't have them, nobody can hahahahahahahahahahahahahahaha (maniacal laugh).

He doesn't seem to wish to deal with me through the solicitors so I'm afraid if I turn up he will just call the police again. He doesn't appear to want to discuss the issue now, despite what was said to the police last time regarding compensation. I take it he feels he has it now.

Still, a bit of prison time is worth it for an Alfa yeah??? Except for the sex!!!

Will post any more details should they arise.

Lee.

[Cool Jesus]

Except for the sex!!!

Just shot gun being the caboose, not the engine