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We are a small business and had a customer come in to have…

Customer Question
We are a small business...
We are a small business and had a customer come in to have a stereo and other things installed. He said he was transferring the money by internet, but hasn't. His account if large and we have found out that he is a conman. Can we repossess his vehicle or do we have to go to court.
Submitted: 3 years ago.Category: Australia Law
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Answered in 17 minutes by:
5/25/2015
Solicitor: Leon, Solicitor replied 3 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,948
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Do you have an agreement and odes that agreement say that you hold a lien over the items?
Has he taken the car?
Have you reported this to the police?
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Customer reply replied 3 years ago

He has taken the car. On the invoice it states that all parts remain the property of the business till paid for. We have not reported to the police, but will do if we should.

Solicitor: Leon, Solicitor replied 3 years ago
Good Afternoon
You need to report him to the police
You attend at the police station and make a report and advise what happened.
If you know where he lives let them know.
You cannot attend at the premises and remove the radio because they can refuse you access and if you cause damage you will have an issue.
He has stol;en the item.
You should also consider suing him in court for the money plus interest and court costs.
These are your only options.
If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
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Customer reply replied 3 years ago

Legally can we repossess the car and bring it back to the workshop as the bill is for over $4500.00. and hold as a repairers lein? This person is a habitual criminal as we were notified by his family who also advised us were to find the vehicle.

Solicitor: Leon, Solicitor replied 3 years ago
Good Afternoon
You have to have court orders to repossess the car.
You have to sue but the police can seizes the items and hold them as evidence but they have to charge him.
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Solicitor: Leon, Solicitor replied 3 years ago
Good Afternoon
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
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