I had bought my car from a person named Abdul Mueed on 17th of April and I went to Service SA(Driver Accreditation

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Customer: I had bought my car from a person named Abdul Mueed on 17th of April and I went to Service SA(Driver Accreditation Office) at Miles End SA, at that time those people transferred the car registration to my name I paid Stamp Duty of $286 and I registered Car to Uber and Ola and since then I m driving this car. Recently Random Person just came to knock my door claiming he is the real owner of the car and he mentioned the car was sold fraudulently and next day I went to Service SA with that Person Named Himansu who claimed the car belongs to him and Service SA said the car ownership has been transferred back to somebody's name but none of among you guys and later we insisted to know the truth they said the Car Ownership has been transferred to person who sold me the car Abdul Mueed. I had a words with Abdul he said I m ready to do whatever I need to do to transfer ownership back to my name. Later that day one staff from Service SA mentioned that we have taken details from three of you and they also mentioned that we will check our system and try to resolve and contact you guys and I left the premises believing that I ll get phone call and Later evening I got call from Service SA saying there was some human Error within their system the Abdul has not paid stamp duty if that amount will be paid there is no issue to transfer car to my name, they suggested to visit service SA with Abdul. Yesterday I went alone to visit them as Abdul said he is in Sydney at the moment they mentioned car has been transferred to somebody else name and they can not share the identity because of privacy matter and they were not interested to talk with me and they advised me to go to police and I went to police Station and lady constable at the reception said the car is under Abdul Mueed name who sold the car to me and I showed all the registration paper I got while transferring, she said something wrong with Service SA people so you have to go to Service SA, afterward I went back to service SA but they said car is registered to somebody else name and they said they can not disclose the identity because of privacy matter in fact they don't wanted to talk to me they keep saying go to legal aid or if you want to re-register car to your name you fill up this form (Form MR1-Application For Registration and Compulsory Third Party Insurance) and you have to pay Stamp duty and rego again if not go to legal aid we can not do more.
After that discussion I went back to same police station but this time I talked to constable Aron he tried to help I gave all details and he contacted both people involved person who sold me car(Abdul Mueed) and person claiming he is the actual owner (Himanshu Goyal), The constable came to conclusion that this is civil matter so he advised me to contact Legal aid.
JA: The Lawyer can help you determine if that's legal. Where are you located? These laws vary by state.
Customer: South Australia Marion
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i m seeking advice please
Answered by John Melis in 17 mins 2 years ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

How long has this been going on for, has it been for quite awhile?

Customer
Its been just 7 days the incident started ��
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John Melis, Expert

There are three steps you may take with this important matter.

1. issue a formal complaint in writing to the company and if they refuse then follow step two;

2. Where the company has refused to assist you, the next step is to write s formal complaint to the ombudsman, but this can be a lengthy process. If you are not able to wait out the time, you can follow step 3.

3. You will have a claim under the Australian Consumer Law based on the facts that you have described and you will be able to claim compensation. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2.

Goods:

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.

Services:

a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

The company has several options they can provide where goods or services have not meet the requisite standard. The seller can either repair, replace, refund, or compensation.

What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be be numbered with points 1, 2, 3, etc. with each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 7 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 7 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in the local Magistrates Court.

You can lodge this claim directly on their website. The key element of the claim is the points claim that details the matter, This application point will need a little time to prepare the facts, and I recommend that you download the application first, review, fill it out, and then when you are ready lodge the same online

You may also have a claim of misleading conduct by the seller, under section 18 of the Australian Consumer Law. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

The company cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Would you like to try this option of the complaint first.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
is it better to go against service SA or Seller who sold me the car ??
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John Melis, Expert

I suggest that you raise a claim against both parties at the same time

Customer
do i need to hire a lawyer or you guys have provision of assisting me ??
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John Melis, Expert

You can run your own case, just complete the court forms and there is sufficient help menus on the courts website, or you can engage a local lawyer to assist you. It just depends on how much time you can allocate to pursue this matter.

Customer
I have plenty time to act here so could please tell me steps to start court case and take action against both parties ??
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John Melis, Expert

There are three steps you may take with this important matter.

1. issue a formal complaint in writing to the company and if they refuse then follow step two;

2. Where the company has refused to assist you, the next step is to write s formal complaint to the ombudsman, but this can be a lengthy process. If you are not able to wait out the time, you can follow step 3.

3. You will have a claim under the Australian Consumer Law based on the facts that you have described and you will be able to claim compensation. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2.

Goods:

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.

Services:

a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

The company has several options they can provide where goods or services have not meet the requisite standard. The seller can either repair, replace, refund, or compensation.

What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be be numbered with points 1, 2, 3, etc. with each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 7 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 7 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in the local Magistrates Court.

Customer
Do i need to sue the seller or person who is claiming he is the real owner
Could you please make me clear about this ??
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John Melis, Expert

Yes you can sue the seller

Customer
But he is insisting that he bought the car from previous owner
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John Melis, Expert

it does not matter, you are the one that has been misled, and you can raise claim

Customer
you mean if i file the case against seller both people will be called out by court , am i right??
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John Melis, Expert

Yes that is correct.

You are on the right path.

Customer
If i go to court do i need have many knowledge about different Acts??
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John Melis, Expert

all you need know is the Australian consumer law legislation

Customer
Australian consumer law will work for both parties seller and service SA ??
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John Melis, Expert

Yes

Customer
To start the process can i do online or need to visit local court ??
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John Melis, Expert

There are a lot of help menus on the courts website that can assist you and I do recommend you consider those items

Customer
Thank you
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John Melis, Expert

Thank you for reaching out today I wish you all the best and safety for your family your friends and yourself most of all

Customer
Can i ask one more question please ??
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John Melis, Expert

yes

Customer
The person claiming he is the real owner of the car just said that he has transferred the car back to his name, now he going to get repossession notice from court to get this car from me, in this situation what can i do ??
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John Melis, Expert

What you need to do is register your interest on the vehicle under the personal property security register also known as PPSR

Customer
He said he has transferred the car back to his name , still am i eligible to register PPSR??
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John Melis, Expert

If you have paid money for the vehicle and you have an interest in the vehicle you can register your interest on the register

Customer
Now in my system car is not under my name any more
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John Melis, Expert

You still can raise an interest on the register

Customer
Can i get link for that please ��
Customer
If they have also done the same thing for same car , am i still eligible for that ?
Thanks
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