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John Melis
John Melis,
Category: Australia Law
Satisfied Customers: 574
Experience:  Principal Lawyer at Legal AU Pty Ltd
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I was just wanting to get some advice on repossession on

Customer Question

Hi I was just wanting to get some advice on repossession on cars on finance being a customer in nsw
JA: What state is this in? And how old is the car?
Customer: NSW cars is 9 years old
JA: Has anything been filed or reported?
Customer: What do you mean
JA: What confuses you?
Customer: I got my car repossessed on Thursday while I was at work a guy came and took it out of my yard only my girlfriend was home she rang me and told me as she wasn't letting him take it I said to her not to either so I rang the finance company then and there and told me I was behind in a couple of payments so I sorted out paying the outstanding defaults with them to bring me back to date the lady agreed and set the payment to come out the following Thursday then I told her that they was a guy at my house trying to tow my car she then told me that they haven't sent anyone to repossess the car but I insisted that they were there so then asked she asked me to get the name of the repo guys company I got it told her she then put me on hold for 20min and returned with say sorry its to late they have to take the car my girl friend kept telling him to leave my property but he refused which made her really distrort and upset he told her he had a tow truck on its way and then it was there he loaded up and took off and handed my girlfriend a piece of paper what tells me nothing what can I do about this
JA: Well, we require $5.
Customer: What
JA: Anything else you want the lawyer to know before I connect you?
Customer: Who r u????
Submitted: 4 months ago.
Category: Australia Law
Expert:  John Melis replied 4 months ago.

Dear Customer, I am a solicitor in Victoria. Your brief concerns the repossession of your car due to late payments.

In regards ***** ***** action you may take, it will depend on the finance agreement that you have signed. Your first step is to review the finance agreement, then determine whether there was a legal right to enter your property to repossess the vehicle. If there was no legal right to enter the property where the vehicle was parked, a claim of trespass may be raised against the party that repossessed the vehicle. However, if the finance agreement permits such action, a claim of trespass will not apply.

The finance agreement will have a dispute resolution clause in managing the repossession of the vehicle and the return of the same. If the finance agreement does not have such clause, you will need to seek further assistance of a solicitor to review the agreement to determine the right direction to proceed based on the contract. If you do not have a copy of the finance agreement you should request a copy from the financier in writing.