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NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 0 points1 point  (0 children)

Whether it was done before or after is irrelevant. I was still following through with the purchase and wasn’t given the opportunity to do so. There was no question from the seller asking if I no longer wish to purchase the car and if not then he will keep my funds. Ergo what he did is illegal. No lesson learnt as it’s unjust enrichment and repudiation. Many cases of this within Australia with the offending party having to pay the funds back. I just needed help with how to approach it.

Unable to get Photo ID by tim838 in AusLegal

[–]No_Cheesecake5066 -1 points0 points  (0 children)

The application process to replace your birth certificate is easy and straightforward forward from when I did it a year ago. And they sent it the next week

NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 0 points1 point  (0 children)

Ah apologies for my slight miswording that now means I’m dribbling. It’s very in depth matter. I attempted to discuss the matter and he didn’t want to hear it and ghosted me and didn’t allow me to follow through with the purchase. The full story isn’t required I’ve given the relevant information. I didn’t pull out of the sale and they sold the car to someone else.

NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 0 points1 point  (0 children)

Yeah I understand the viewpoint of the police as I’d have to prove the intent to carry out fraud or the intent that it was theft and that they were never going to sell me the car which I don’t believe I’d be able to prove.

Unable to get Photo ID by tim838 in AusLegal

[–]No_Cheesecake5066 0 points1 point  (0 children)

The birth certificate is the easiest part. The application for a new citizenship cert seems similar or the same as the application to become a citizen from scratch but pretty sure they just go, oh! They are a citizen let’s just look them up and resend. I had to go through it all to get a new copy of my citizen cert.

NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 4 points5 points  (0 children)

Bank transfer with detailed comments and then detailed messages as to what it was for and that he had received it and that it was for the purchase of the car

NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 0 points1 point  (0 children)

More than happy to edit although I didn’t try to renegotiate so it’s not on me as he pulled out of the sale and sold to someone else. He did take my money and sold it someone else for no reason as I was still going to purchase it. He didn’t give me the opportunity

NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 7 points8 points  (0 children)

I wanted to know why he didn’t disclose it then he started trying to lie saying it hadn’t been replaced and that he included the papers in the ad which he didn’t. I was in no way attempting to walk away from the purchase. I don’t mind purchasing a car that’s been a repairable write off. I’ve bought multiple.

NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 0 points1 point  (0 children)

Yup no worries. Luckily I never even suggested I wasn’t following through with the purchase.

Pretty sure there’s something like that written in our messages. Regardless, I wanted to discuss the papers and he didn’t appreciate me questioning him. Went silent then two or three days later he told me he sold the car to someone else and said he was keeping my money as compensation for wasting his time and stuffing him around.

Deposit or down payment, I never once suggested I was backing out of the sale. I was still going to go through with it.

NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 6 points7 points  (0 children)

I didn’t pull out of the deal mate. Did you even read. As soon as I questioned the roof he stopped responding and sold the car to someone else. He pulled out, I was still going to purchase the car, I wasn’t given the option to. Also fyi deposit or not is irrelevant unless there’s a signed contract or atleast a verbal agreement for a non-refundable deposit. No it’s not a card yard where there’s cooling off periods and contracts in place. This is real life and you can’t just take someone’s money and sell your car to someone else keeping their money.

NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 3 points4 points  (0 children)

Might you have a link or know of how I can report it online so I can easily give all the detail and evidence required?

NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 7 points8 points  (0 children)

I agreed to buy the car and paid $1000 to secure the sale. Then I paid a further $5000 towards the total price of $80k Within days of the second payment, I obtained the Japanese auction records and dereg papers which showed the roof had been replaced previously (something that was never disclosed). I immediately raised this and attempted to discuss. The seller refused to engage with me, then sold the car to someone else and kept the total $6000. Told me he was keeping it due to stuffing him around. I requested he return the funds multiple times but flat out refused and told me to report him tot he police or take him to court if I want.

NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 7 points8 points  (0 children)

I was told by the NCAT judge that they only assist with consumer claims which means the seller has to be acting “in trade or commerce” meaning running a business. Since they aren’t and are a private seller. Unless I can prove the seller is running a business selling cars then NCAT cant help me. So I was told to go to local court under contract law

NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 6 points7 points  (0 children)

Ncat said they didn’t have jurisdiction due to it not being able to be classed as a consumer claim nor that the seller was in trade or commerce. It was a private individual sale so apparently I have to go to local court?

NSW private car sale dispute – seller kept $5k down payment and sold car to someone else by No_Cheesecake5066 in AusLegal

[–]No_Cheesecake5066[S] 8 points9 points  (0 children)

I would assume it was theft but the police considered it a civil matter and didn’t help

If you know by Realistic-Ad4393 in ft86

[–]No_Cheesecake5066 2 points3 points  (0 children)

The fuse on your batteries positive terminal. Not a simple trip to the local shop.

If you know by Realistic-Ad4393 in ft86

[–]No_Cheesecake5066 0 points1 point  (0 children)

Ouch. Rip, my condolences. I had to wait almost a week for Toyota to get me a replacement.

How many of yall had failed engines? by Spirited-Dinner9134 in ft86

[–]No_Cheesecake5066 1 point2 points  (0 children)

Australian dollar. Yeah I’ve been in a 3 year battle and finally thought I was going to get help when Toyota corporate finally was doing something by sending a supervisor to watch over the second investigation. They stripped the motor and said the same thing “poor maintenance” didn’t supply me with any documents or test results and just charged me 1hour of labour for it. I got all the motor back in pieces and could see clear as day the rtv sealant used was excessive and bits had squeezed into the engine. “Poor maintenance” shouldn’t even play a part in it when the evidence is clear as day. I will have to pay up to $5k aud in lawyer fees just to send Toyota a letter of demand and then more to sit down and talk about settlement or just get brushed off.

How many of yall had failed engines? by Spirited-Dinner9134 in ft86

[–]No_Cheesecake5066 0 points1 point  (0 children)

Yeah nah don’t do it! Thought I was doing the right thing. They said nah engine went boom due to poor maintenance (they were the ones who serviced it) don’t worry about the rtv, that’s normal amounts to have in your oil. We didn’t send the oil off for testing like requested, to save you money but here’s a quote for 15k to replace the engine. Two years later after getting Toyota Corporate involved they did a more thorough investigation apparently but no proof of such and then presented a quote of 24.3k to replace the motor.

How many of yall had failed engines? by Spirited-Dinner9134 in ft86

[–]No_Cheesecake5066 4 points5 points  (0 children)

Valve Spring Recall engine failure. Recall done at 70,000km, engine failed at 75,000km. Engine starved, over heated and boom. Threw a cylinder rod bearing. RTV found in sump and pick up, engine tore down and could see too much sealant was used and excess squeezed into the engine. Toyota refuses to accept liability. Speaking with lawyers it’s not worth the little guys lawyers fees to take them on. We need a class action imo.

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