Chitnis. Me and my partner, we purchased a BMW at $5000 in cash. It was purchased from Denis Milkin. We purchased it in

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Customer: Hi..my name is***** and my partner, we purchased a BMW at $5000 in cash. It was purchased from Denis Milkin. We purchased it in Nov 2018 and last year in November, people from Metro Finance came and took away the car as that car was fraudulently sold to us. During our purchase, we asked the seller if we could buy it on Finance but he told us that the owner wants to sell in cash as he has to leave back for his own country in Kuwait. As a token of goodwill we bought it in cash...we were trying to contact police but it did not work our way. Today we found out Denis Milkin and got to know that he is a gym trainer in City Fitness, 3Kings. I have all the chats with Denis Milkin during the process of buying the car. Would you be able to help us out as we had put all our savings after coming to NZ and were unaware of such frauds as we just finished our Post Graduation course from EIT.
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: Auckland.
JA: Have you contacted the seller or manufacturer?
Customer: Could not contact but today we found out the contact.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We just want that you please help us in this case for getting the compensation. We had been through lot of mental stress as we invested all our savings, emotions into the car. My wife and me have had sleepless nights. Today when we found out about him, we thought to take action against it. We want justice to be served.
Answered by Chris The Lawyer in 23 mins 2 years ago
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Chris The Lawyer, Expert

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I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

In this situation you should first ask Dennis if he will give you the money back because he sold you a car subject to finance. If he won't give the money back, You have two options. The first would be to complain to the police because it is illegal to sell a car when money is owed on it. You can also bring a claim in the disputes Tribunal against him because he took your money and sold to a car that he did not have the right to sell. You do not need a lawyer to go to the tribunal and he will be ordered to pay the money back. You can make the claim online at this link https://www.disputestribunal.govt.nz/how-to-make-a-claim/

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