Car transferred, new owner not making payments
Good day,
When my partner bought a new car, a client of hers whom she has known for years asked to “take over” the old car. An agreement was signed with the bank that while the car is still in her name, the new person would be responsible for payment.
It has been three years and the car has only been paid for about 5 – 6 months. There is always some sort of excuse from the new owner. We then recently found out that he had given the car to someone else, who in turn had given it to yet another person.
My partner has been blacklisted as a result and we’ve both had enough of this very drawn out issue. What can we do? What kind of action can we take? We don’t know where the car is right now so taking it back wouldn’t be easy.
I would appreciate your assistance very much.
Regards,
Mallory
Amended by author 5th December 2017, 14:33
Good day,
When my partner bought a new car, a friend asked to “take over” the old car. An agreement was signed with the bank that while the car is still in her name, the new person would be responsible for payment.
It has been three years and the car has only been paid for about 5 – 6 months. We recently found out that he no longer has the car.
My partner has been blacklisted as a result. What kind of action can we take?
Thank you
Category: Civil Matters, Letters of Demand
Region: South Africa, Gauteng
1 Answer
Evening Mallory, I was indeed surprised when you mentioned that the bank signed a contract with your partner that the client would now take over the old car. Hence the bank is still the owner of the old car and is therefore the only ones who have the necessary locus standi to recover the old car from the client/defaulter. Thus on the basis of the signed contract with the bank your partner must insist that they cannot black list him/her and they must immediately take civil action against the friend/client now responsible for the payments.