How much is this service? Auckland. Somone has an agreement with me to pay off a car in installments. They have stopped

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Customer: how much is this service?
JA: What state is this in? It matters because laws vary by location.
Customer: Auckland
JA: What steps have been taken so far?
Customer: Somone has an agreement with me to pay off a car in installments. They have stopped paying. The car is in my name and I don't know if it is insured
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I told them to contract me by today and make plans to return the vehicle by Friday or I would be making a theft report They have not responded to any communication since 21 October How much is this service?
Answered by Chris The Lawyer in 9 mins 12 months ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.

Customer
Hi Chris
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Chris The Lawyer, Expert

Hi

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Chris The Lawyer, Expert

Have you registered a security against the car and do you have an agreement which says you can repossess for failure to pay?

Customer
I have made a claim for my situation to small claims and have a document detailing it all that I can send it that will help get you across. Is it ok to send that?
Customer
Is this chat window still working?
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Chris The Lawyer, Expert

You can, but if you are posting on this site you should delete names

Customer
ok i have removed names from this copy
Customer
This person has stopped responding to communication attempts. On Friday I emailed stating that as they had not met the expectation stipulated of making weekly payments between 21 October and 12 November they had to return the car.
My exact words were:
As I have not received any money in my account today you have had your last chance.
Contact me by Tuesday and make plans to return the vehicle by Friday 12th November.
Failure to contact me will result in a theft report being made.
You can reach me on***********
Customer
I tried to make a theft report today and the police say I have to get advice from CAB or small claims. I spoke to CAB yesterday and they agreed that I should be able to make the theft report today. Police say I have to wait until end of day but I feel that they will say I have to wait until end of Friday when I call tomorrow.
I am seeking advice on what I can do as I do not believe this person has insured the vehicle
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Chris The Lawyer, Expert

You should file in the Disputes Tribunal now. I am not sure the police will act on a theft complaint because they will say this is a civil dispute.

Here is the link to make the claim in the Tribunal

https://www.disputestribunal.govt.nz/how-to-make-a-claim/

Customer
I have filed with dispute
Customer
disputes
Customer
But as the car is not insured I need to distance myself from it
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Chris The Lawyer, Expert

If the car is in an accident while he is driving, you will not be liable.

Customer
Because I told them if they do not contact me by Tuesday I will file a theft report and they no linger have the vehicle with my permission surely I can file it as stolen
Customer
Can I at least claim it as stolen after the 12th?
Customer
Where can I find proof of that incase I need to prove it?
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Chris The Lawyer, Expert

The police will insist this is a civil claim in my experience. If the car is valuable you could ask a repossession firm to see if they will collect the car

Customer
even though I am the registered owner of the vehicle? And they are no longer responding to comunication
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Chris The Lawyer, Expert

If you have the car regsitered in your name, that is not proof of ownership. The Land Transport Authority says this on the website

Customer
Is there any way I can take my name away from this vehicle while it is not in my posession?
Customer
Rid myself of it and take the loss
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Chris The Lawyer, Expert

You could go to a VTNZ office or the AA and put the car in his name

Customer
does he have to be there?
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Chris The Lawyer, Expert

No

Customer
If it did that would it affect my claim with the disputes tribunal?
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Chris The Lawyer, Expert

No, because you are just after the money he owes you

Customer
after doing that could I register interest in the car saying that it has money owing?
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Chris The Lawyer, Expert

You can lodge a security interest now without waiting

Customer
how can I do that?
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Chris The Lawyer, Expert

Customer
ok, thankyou for your advice
Customer
I really appreciate it
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Chris The Lawyer, Expert

I hope this helps

Customer
sorry one more question. I don't know the date of birth but have an approximate age
Customer
is that going to be a problem?
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Chris The Lawyer, Expert

That should not be a problem

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