Five questions requiring a solution/action. 1 - Breach of…

A - Issues happened in Western Australia, I now live back in QLD.

B - I placed a verbal purchase agreement on tractor on the 12/10/2009 and paid for it on the 21/10/2009. I have invoice/receipt of purchase and what attachments were agreed to be fitted. The ACCO truck was purchased on the 2/05/2009.

C - Purchase price for the tractor was $23,000.00, ACCO truck was $12,000.00.

D - When I purchased the tractor (second hand) it was in the dealers compound in a clean/tidy state. It now has an additional 24.7 hrs on hour metre from when purchased. The interior has damage to the vynal lining and is dirty. There is bailling twine wrapped around the rear axle that was not there when purchased. This indicates to me that it has been used on farm asociated works. The contracted transport driver I hired to pick up my gear advised me that the tractor was not on site on the pick up day. He was told by a company staff member that it would be back in the morning. The driver went back the following day. He had to wait for the tractor to arrive. It arived on the rear of a truck. The significance is that at no time did I give the company permission to use this tractor or remove it from the compound. It could have sustained damage. I have images of the condition the tractor is now in and still is.

E - The truck was registered in his name as he wanted to use it in his business and for insurance reasons. I paid for the truck. Receipt is in my name. I paid the registration and he paid for the insurance.

F - The trucks recept is in my name. I paid for it. The registration is in his name. I paid for it and have receipts of payment.

G - I have not contacted Police.

Cheers,

Mary A,

Re the Tractor:

1- Receipt for payment is dated the 19-Oct-2009 not the 21-Oct-2009.

2- I did not receive a signed transfer for the tractor as it is unregistered. I was given the understanding that the invoice/receipt is in my name thus I am the owner.

3- The invoice of purchase lists a bucket (which was a 4 in 1 bucket that the sales person showed me at the compound) and a set of forks. Both were not supplied or fitted.

4- The value of attachments supplied and fitted are:

- bucket - $3,500.00 to $4,500.00

- forks - $1,500.00 to $2,500.00

Total: $5,000.00 to $7,000.00

5- Dry hire @ 24.7hrs = $1,855.00

Cleaning = $150.00

6- There seems to be no motor damage at present. It is hard to determine if there is any motor damage that may proceed from the unlawful use.

7- The cost to repair the damaged vynal = $225.00.

8- The sales person verbally agreed to fit a missing front right hand panel as a contractual condition of sale. Approx cost to supply and fit = $625.00

9- The transport contractor did not book additional charges for the return trip or waiting time.

10- I had purchased a Daewoo 290T excavator from this salesperson on the 10-Sep-2009. He arrange to transport it to my work compound. During transport the engine cover/lid was lost. I requested to claim it on their insurance. The salesperson told me don't worry and gave a verbal agreement that he would replace it at no cost to me ($520.00).

11- Damage to Toyota Land cruiser Utility Rego Num: KBC-9048.

This vehicle was part of the shipment with the tractor that was picked up on the 2-Feb-2010. The salesperson had allowed me to store my items in his compound until I picked them up with the tractor. I paid him for the transport service. I inspected the toyota on the 5-Dec-2009 while still located in the salesperson's compound and found it to be in good order with the exception of a flat battery. When it arrived at my place it had a red out of order tag on it. The transport driver was also told there was no water in it. This was due to the hole that was in the lower radiator tank. The hole appeared to be made by a fork of a machine (170mm W x 60mm H). I am claiming the cost to replace and fit the radiator = $710.00.

Truck Issues

Acco Truck

1- Purchased for $12,000.00 on the 2-May-2009.

2- I received the transfer papers for the truck and signed it over to me with the seller. Ex-friend then went to the seller and transfered over to him. This was an agreement and condition so ex-friend can insure in his name while he was using it. Registration is in ex-friends name.

3- This is the only truck that I have not been able to find to transport back to QLD. I feel the circumstances do relate to theft.

TO NOTE: The ex-friend stored this truck at his friends place in WA. When I arranged to pick the truck up I was told of this. I was also told he let his friend use the truck on his place. The ex-friend gave me a verbal agreement/proviso that his friend would carry out minor repairs as part payment for use of it. When I had arranged transport and needed the truck, the ex-friend told me his friend damaged the motor and stated he would fix it at no cost to me (I have this recorded in my diary with the person I was told who was to fix it). When located I want to ensure that the verbal contractual agreement has been fulfilled.

4- I am claiming for the unauthorized cash in of registration I had paid and the theft of registration plates for:

- Acco truck ($1,163.20)

- Kenworth Prime mover ($4,333.20)

- Mitsubishi Canter Truck ($669.20)

Total: $6,165.60

I have images of damage and where missing components should be, plus copy of extracts from diary.

Cheers,

Peter C

Mary A,

Answers to your questions.

1- The Kenworth prime mover & Mitsubishi Canter truck. No, they were the vehicles mentioned with the Acco truck in regards XXXXX XXXXX removal of registration plates and cash in of same.

2- Yes, all three were registered in the ex-friends name & he did remove the registration plates and cash in of same.

3- Yes. If the Acco truck can not be returned to me, the claim will be $12,000.00.

4- Re the Kenworth prime mover & Mitsubishi Canter truck. They were in a compound where the ex-friend removed the plates but unable to remove the trucks. There was no loss to me except for the cost of registration.

5- No. I am not suggesting that the Dealer had anything to do with the loss of the three items.

Cheers,