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  • 09-01-2009 2:02pm
    #1
    justcallmetex
    Closed Accounts Posts: 280 ✭✭


    Hi all I'm thinking you guys will have plenty of sound adv for me.

    I've had my Alfa 156 parked up for about 6 months or so after buying a bargin Volvo S40 70,000 full leather all the toys very nice but thats not important right now.....

    Anyway I never bothered to sell the Alfa as I do love the car and she's runs perfect so been having the odd run out in her and was happy enough to keep it as a bit of a toy.

    My wifes friend was telling us how her husbands been looking to buy an Alfa for a long time. So with Christmas and my daughter birthday comin I thought feck it I'll sell him the Alfa. Now as it was my wifes friend and the Alfa was doing nothing I told him he could take the car for a 1k song without NCT.

    Now here's the real dumb part he tells me he has a friend in Wexford (we live in Roscommon) who could look over the car and give it a pre NCT and he'd arrange NCT at his own expence. He arrived to collect the car (no cash) and take it for the pre test. Since he text once to say he's waiting now on a test date but the car is sound.

    This morning I got a cheque from the Tax office to say the cheque he paid in bounced and we are liable for a fine. now I find out the fcuker owes money all over town. Text him this morning to arrive with the car tomorro with the full asking in cash or the car and keys. Its clear as day he'll not pay I know where he lives and have the bounced cheque. Any suggestions on how to proceed??

    No point anybody pointing outhow stupid I was giving him the car in the 1st place I know that now but was acting in good faith thought I was helping out my wifes friend....

    What happens if he pulls a no show tomorro should I call in the Guards? How will I deal with the Tax office?


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    #2
    peasant
    Registered Users Posts: 17,819 ✭✭✭✭peasant


    As I understand it, the car is still officially yours (or did you send of the change of ownership form?), so you're liable for the tax.

    As for the money ...we can't give you legal advice here, I'm afraid.


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    #3
    justcallmetex
    Closed Accounts Posts: 280 ✭✭justcallmetex


    Cheers mate thanks just feel like a bollox I like to trust peeps but there you go...


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    #4
    OldmanMondeo
    Registered Users Posts: 3,009 ✭✭✭OldmanMondeo


    Don't text him. Ring him and tell him that unless he comes up with the cash your going to report the car stolen and will have him proscutted when the guard's stop him. Once he pay's up, send the VLc with the original date of sale on it. This should sort the fine out.

    Edit: is there not a part on the fine to state who was driving, if so fill that out and go collect the car.


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    #5
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Here are some options to consider:

    1. Call to his house and see if he will give you the car back, if you want it back. Unlikely he will cooperate.

    OR

    2. Get a form from your local county council motor tax office called an 'I sold' declaration. Fill it out and swear it in front of the necessary solicitor or official. Send it to the tax office, and then you should get out of the obligation to have to tax the car. The form states that you have sold the vehicle and that it is no longer yours.

    You would then have to sue this guy in order to get your satisfaction from him. You probably will have to anyway.

    It's a balls really, but I take it that you don't want to pay this guy's motor tax or to get prosecuted for not taxing a car you have sold on - even if you didn't get paid.


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    #6
    cashmni1
    Closed Accounts Posts: 629 ✭✭✭cashmni1


    If he doesn't play ball tomorrow, report the car as stolen, which it is, if he doesn't pay you.
    That's only my opinion though.
    Also, do not send him a text ar call him before you report the car as stolen. That can be used as evidence. That is also just my opinion. :)


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    #7
    mickdw
    Registered Users Posts: 23,368 ✭✭✭✭mickdw


    cashmni1 wrote: »
    If he doesn't play ball tomorrow, report the car as stolen, which it is, if he doesn't pay you.
    That's only my opinion though.
    Also, do not send him a text ar call him before you report the car as stolen. That can be used as evidence. That is also just my opinion. :)

    You cannot go reporting it stolen when you agreed for him to take it away. Gaurds would quickly find out this was the arrangement and would not then take you seriously and would be rather annoyed Id say. You could go to gardai and explain the situation just to be on the right side of them.
    I would call over to him and would not leave without cash or car. Do you have spare keys?
    If not willing to play ball with you, I would have it dragged onto a flat bed if suitably parked, anything but have him driving it around in your name.


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    #8
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    You may want to consider a solicitor yourself, especially if the tax office are after you for motor tax evasion. That Gardai could conceivably impound the car for this alone. Also, consider reporting the theft of your car, but this may or may not be possible, as you gave him the keys. Him paying by dud cheque is not fraud (unless the cheque wasn't his), so it's essentially a civil matter, leading back to the solicitor route.

    On the tax thing, get a declaration that the car is off the road, and not in use by you.


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    #9
    justcallmetex
    Closed Accounts Posts: 280 ✭✭justcallmetex


    thanks all for the feedback!! I'll keep you all post on developments I imagine he'll bring the car back tomorro as asked I suppose I'll pay the Tax get a few final months alone with my Alfa and sell her on after PROPERLY!!you can all PM me offers;)


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    #10
    justcallmetex
    Closed Accounts Posts: 280 ✭✭justcallmetex


    Hey I'm back and 750 euro better off he arrived with cash 250 less the asking.Dedcided to cut my losses and signed over the car pre dated to b4 the tax issues alls well with the world thanks for all the adv!!!


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    #11
    colm_mcm
    Registered Users Posts: 73,459 ✭✭✭✭colm_mcm


    justcallmetex wrote: »
    Hey I'm back and 750 euro better off he arrived with cash 250 less the asking.Dedcided to cut my losses and signed over the car pre dated to b4 the tax issues alls well with the world thanks for all the adv!!!
    I don't think predating the change of ownership will solve the fine though.


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    #12
    Esel
    Registered Users Posts: 22,324 ✭✭✭✭Esel


    colm_mcm wrote: »
    I don't think predating the change of ownership will solve the fine though.
    Pretty sure anything arising after the date of transfer is the responsibility of the new owner.

    And I think that guy was a total prick, especially for doing you out of €250.

    Not your ornery onager



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    #13
    justcallmetex
    Closed Accounts Posts: 280 ✭✭justcallmetex


    esel wrote: »
    Pretty sure anything arising after the date of transfer is the responsibility of the new owner.

    And I think that guy was a total prick, especially for doing you out of €250.


    I know but was glad to see the back of the Fcuker he arrived up with the wife and child in the car!


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