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I bought a car for my son 5 months ago it is a brand new

Hi Pearl, I bought a...
Hi Pearl, I bought a car for my son 5 months ago it is a brand new $40,000 car. He lives in Adelaide and in that time he has had it impounded for hoon driving, been caught 45kph over the speed limit and hit another car. The car is under finance in my name and he has also modified the exhaust.
JA: What state was the citation in? And have you consulted a local attorney?
Customer: he has had himself removed from the insurance so ins now in insured. I am obviously in breach of the finance contract and he is refusing to hand the car back. the police at it's a civil matter. I am looking for legal advice as to how I get the car back so its not impounded and crushed and I am paying $40,000 for a car that no longer exists.
JA: We take care of them immediately, but sometimes it takes 3 to 5 days for the banks to process things.
Customer: I don't want to pay his fines for him I want the car returned to me before the police take it and sell it or crush it and I am stuck paying for it.
JA: Do you need to appear in court?
Customer: I need to take my son to court to retrieve the vehicle the police say its not stolen even though I have told them I no longer consent to him driving it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The invoice for the car and the finance is in my name but it is registered in his name which is the complication.
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Answered in 5 minutes by:
11/23/2017
John Melis
Category: Australia Law
Satisfied Customers: 969
Experience: Principal Lawyer at Legal AU Pty Ltd
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Have you registered your interest for the vehicle on the PPSR ?

John Melis
Category: Australia Law
Satisfied Customers: 969
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 22 days ago
The finance company has a PPSR registration, I do not have a personal one. The Tax Invoice is in my name, I have issued no paperwork to my son transferring ownership as it is under finance.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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