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 drivingthis 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 7 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.

I kindly request that you please clarify your question?

Customer
Hi John
I m sachin again
Customer
I m trying to register for PPSR
But i m lacking somewhere between
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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.

The company warrants that goods or service are acceptable for their use/service.

Goods:

a. Goods must be of acceptable quality

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

Customer
As our previous conversation
I m thinking of going to court
And you advised me to do registration with PPSR but i need help to do that registration
Please
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John Melis, Expert

What you need to do is register your interest on the Personal Property Securities Register (PPSR). This Register will protect your right of claim to the vehicle where your father attempts to claim ownership to the machine.

The PPSR is a government system to show to the people who owns what equipment.

The earth moving machine fits into the registration of the PPSR.

The following is the link to PPSR

https://www.ppsr.gov.au

This link is for registrations:

https://www.ppsr.gov.au/registrationsWhat you need to do is register your interest on the Personal Property Securities Register (PPSR). This Register will protect your right of claim to the vehicle where your father attempts to claim ownership to the machine.

Customer
In this scenario if the person who is claiming him as real owner and has transferred car back to his name, can he get the court notice to repossess the car easily do they need the resolve all involved people ����
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John Melis, Expert

Basically what you're doing is doing two things one is securing your rights to is seeking compensation

Customer
i understood that if the so called recent owner go to court showing all registration paper he has now , is he will get repossess notice from court easily or they will pull me to this case ??
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John Melis, Expert

Necessarily there may be an argument in your case as an innocent purchaser of the vehicle, you may pursue specific performance in this particular instance

Customer
If they want to repossess i will get notice from court for counterclaim option or what ?
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John Melis, Expert

You need to raise a claim in the court if the vehicle is repossessed or taken from

Customer
Ok thank you
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John Melis, Expert

You are welcome, and thank you for supporting the community.

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