Bank stole my car? - Page 2

Landau Stable · 16-12-2010, 08:44 AM

just to add some detail, it goes something like this. i am not familiar with how most of this works, so if someone can explain in detail that would be great.
He said he had the property under the name of a trustee. he always paid the bills and mortgage. Then the trustee tried to sell up the place, so he has legally been fighting to get it back in his name and get full authority again. In the meantime, unbeknown to him, the bank started rejecting his payments. He reckons that the bank simply view him as a tenant there, and that they won't deal with him officially. As such he never recieved a letter informing him to vacate until the sherriff turned up. The sherrif went through everything, and my mate says it's all his stuff. 2 days later, a security guard truns up and says to my mate you can't be here, you are tresspassing. At that point police turn up and forcibly removed him for 2 days. Yesterday was when he returned, though he is informed that he can't legally do so. On his return, he found the vehicles missing. He said he is seeking an injunction. In the meantime, the bank have full control.

LukeGT · 16-12-2010, 08:48 AM

What a crap situation, I truly hope that you can recover your Landau without too much trouble.

I agree with what Jim and aussieblue have said, that is, the bank would have given more that sufficient notice to your mate, and it is infact your mate who is not being honest about this and has not given you the full story about whats going on.

Its more than likely that the property is being prepared for sale and old cars are simply being cleared and will not be re-sold etc. so you want to get onto this ASAP before it is too late for the poor old Landau.

The police will not be interested and will not report the car as stolen, it is a civil matter regarding an unregisted 35 year old car which to them does not have any significant value.

Good luck, and keep us posted with the outcome.

GT 160 · 16-12-2010, 08:49 AM

Did your mate actually have the mortgage in his name ???

Or was it through a "rent to own" type setup ?

Landau Stable · 16-12-2010, 08:52 AM

Quote:

Originally Posted by fitzwa

Did your mate actually have the mortgage in his name ???

Or was it through a "rent to own" type setup ?

I'm not sure. all he kept saying was that this other person was made a trustee, which meant they had certain control of the property. supposedly between her trying to sell it, and him trying to remove her as trustee and restore the property into his name, the bank stopped recognising his payments. since she is the trustee, all official dealings are with her, and the bank does not acknowledge him. does that sound plausible?

GT 160 · 16-12-2010, 08:55 AM

Quote:

Originally Posted by Landau Stable

I'm not sure. all he kept saying was that this other person was made a trustee, which meant they had certain control of the property. supposedly between her trying to sell it, and him trying to remove her as trustee and restore the property into his name, the bank stopped recognising his payments. since she is the trustee, all official dealings are with her, and the bank does not acknowledge him. does that sound plausible?

Yes, the trustee is the legal owner of the property. Why was it under a trustee ???

A trustee can be appointed in the event of bankruptcy/insolvency.

There is obviously more to this than your mate is letting on.

Landau Stable · 16-12-2010, 08:57 AM

i have no idea why this other person was made trustee. he keeps saying that the bank refuse to deal with him. I have checked the bank online, and there are no branches. just a number for a head office. Would they talk to me if i called them and explained the situation?

NickyN · 16-12-2010, 09:02 AM

The bank refuses to deal with him because there is a trustee for the estate. The trustee is given the right to make decisions on their behalf. And there are other personal reasons why a trustee would be appointed also.

It wouldn't hurt to call the bank and explain your situation, hopefully a compassionate person answers/forwards you to the right person and you can get some helpful info. Good luck.... hope you get answers and ultimately get your baby back.

THE4RD · 16-12-2010, 09:08 AM

Get off this forum and get on the phone.

Ring the bank and ask to be put in contact with the staff that dealt with his eviction. Tell them the story. Record the names of who you speak to, dates and times and what they say. Ask them what they need to be provided with in order for you to recover the vehicle. Then provide what is required.

If they don't or won't help, get onto the Banking Ombudsman and contact a lawyer to get some advice.

Your 'mates' problem with the house is his to deal with, not yours. Your job is to recover your car. Focus on that.

Landau Stable · 16-12-2010, 09:26 AM

I just got off the phone with the bank. They say it is not in their hands. That once they are notified of non payment, they contact the lawyers who then do the rest., the say i need to go via his lawyer to find out who is processing the property. This is really irritating the hell out of me now. They won't tell me who the lawyer is.

pottery beige · 16-12-2010, 09:45 AM

pump action box full of shells.. time for postal.......

GT 160 · 16-12-2010, 09:50 AM

Ask your mate for the Trustee's details. Surely he knows them.

THE4RD · 16-12-2010, 10:00 AM

Next, then get the details (name, phone number, address, etc) of your mates trustee and his lawyer, from him. Contact them and find out the details of what happened to the car, where it is, who's got it, and what to do to recover it.

saber · 16-12-2010, 10:04 AM

Quote:

Originally Posted by THE4RD

Next, then get the details (name, phone number, address, etc) of your mates trustee and his lawyer. Contact them and find out the details of what happened to the car, where it is, who's got it, and what to do to recover it.

+1

OP, in these situations, you've got to be persistant and methodical. Again, record all details, such as time and date of phone calls, who you spoke to, the details of this convo ect ect.

With a bit of patience, you'll hopefully be able to get back your Landua

irlewy86 · 16-12-2010, 10:04 AM

The bank and the lawyers and I dare say eventually the courts are going to give you a run around. I'd start ringing local tow truck operators to see if anyone has done the removal from the property. You might get lucky and find the vehicle is just in a holding yard somewhere. That way you might be able to ensure the vehicle isn't crushed or on-sold prior to the matter being played out to its illogical end.

Good luck

phillyc · 16-12-2010, 10:08 AM

Quote:

Originally Posted by THE4RD

Next, then get the details (name, phone number, address, etc) of your mates trustee and his lawyer, from him. Contact them and find out the details of what happened to the car, where it is, who's got it, and what to do to recover it.

+2 Record everything and be especially persistent. Your Landau depends on you.

phillyc · 16-12-2010, 10:09 AM

Quote:

Originally Posted by irlewy86

The bank and the lawyers and I dare say eventually the courts are going to give you a run around. I'd start ringing local tow truck operators to see if anyone has done the removal from the property. You might get lucky and find the vehicle is just in a holding yard somewhere. That way you might be able to ensure the vehicle isn't crushed or on-sold prior to the matter being played out to its illogical end.

Good luck

+1 Ring the towies in the area.

**fordomatic** · 16-12-2010, 10:19 AM

the towie probably paid 250 bucks for the landau and its probably sitting in his backyard right now ready to be restored.

Landau Stable · 16-12-2010, 10:20 AM

Update. i called the bank again after calling the financial ombudsman. When informed that i called the ombudsman, the gave me the number for their lawyers firm. i called the lawyers, and they then passed on the details of the mob who did the removal. the man in charge isn't there, but i have been promised a call back later today. I made a point of asking what happens to the removed vehicles. They said they go to a holding yard first. So fingers crossed my baby is safe. Hopefully it's no more than a fee to the storage yard and my baby is back. i will keep you all updated as news progresses.

**Dave R** · 16-12-2010, 10:20 AM

Quote:

Originally Posted by pottery beige

pump action box full of shells.. time for postal.......

This.

Hopefully it is still in the holding yard!!

mik · 16-12-2010, 10:21 AM

anther vote for see lawyer pronto.

EB# · 16-12-2010, 10:25 AM

Quote:

Originally Posted by Landau Stable

Update.....................
So fingers crossed my baby is safe. Hopefully it's no more than a fee to the storage yard and my baby is back. i will keep you all updated as news progresses.

Sounds promising.... that's good news mate.

b0son · 16-12-2010, 10:35 AM

Quote:

Originally Posted by Landau Stable

I just got off the phone with the bank. They say it is not in their hands. That once they are notified of non payment, they contact the lawyers who then do the rest., the say i need to go via his lawyer to find out who is processing the property.

That's bollocks. The bank know who's processing the property - its their agent. You dont need to deal via your mates lawyer, you can deal direct. It will be faster.

NickyN · 16-12-2010, 10:59 AM

Quote:

Originally Posted by Landau Stable

Update. i called the bank again after calling the financial ombudsman. When informed that i called the ombudsman, the gave me the number for their lawyers firm. i called the lawyers, and they then passed on the details of the mob who did the removal. the man in charge isn't there, but i have been promised a call back later today. I made a point of asking what happens to the removed vehicles. They said they go to a holding yard first. So fingers crossed my baby is safe. Hopefully it's no more than a fee to the storage yard and my baby is back. i will keep you all updated as news progresses.

That's great news, best news so far today! Hang in there... call the tow guys if you don't hear from them to stay on top of it.

On a side note, hope your mate clears things up with his probs and the bank.

Kryton · 16-12-2010, 11:11 AM

Dont sit around waiting for this phone call that isnt going to come.
Every half hour, ring them again.
When they get sick of you, the 'boss' will magically appear and speak with you - just so you stop calling.
Even better, go and see them in person with all documentation of ownership, that way you cant get the run around on the phone.

BTW, mates are like family - dont trust them, dont do business with them, dont lend them anything, dont do them any favours.
The lesson might have now been learnt, but you learned it the hard way it seems.

ThaFlash · 16-12-2010, 11:23 AM

mate report the car stolen and let your tax money do the hard work for ya, then tell your insurance company and get paid! simple.

watch how quikly it will turn up...

castellan · 16-12-2010, 11:32 AM

Quote:

Originally Posted by T3ts50

Exactky right. A person needs to be 90 days in arrears before the bank can even start to take any type of action. In that time the banks will make contact with the person to try and get the account in order.

Also banks dont usually repo anything, apart from what secures the loan i.e. property. This will then go on sale as a Mortagee's sale. The bank will take what it is owed the rest goes back to the mortgagor.

What if it's not with a Bank say aussie home loan ect do they have 90 days? As i understand it Banks are safer to deal with and are more restricted by laws than the other trash who are just basically brokers who loan from the Banks they don't have any real money behind them so they have to sell you up as fast as they can.

And could this in reality be what the fed gov is flogging on about now, to try to bastardise peoples home loan for a saving of bugger all.

like as if the gov are going to come down on the banks

when they basically own the others all that is happening is you are only going to be getting a cheaper shoddier insurance policy in reality.
Am i right or wrong.

NickyN · 16-12-2010, 11:32 AM

Quote:

Originally Posted by HP4ME

mate report the car stolen and let your tax money do the hard work for ya, then tell your insurance company and get paid! simple.

watch how quikly it will turn up...

Get paid as in settle in exchange for loss of his Landau? I seriously doubt that would sit well with him or anyone who truly loves Landaus or he'd have done it from the start. It's not about money, the point is he wants his Landau back. He'd save every Landau if he could.

XCwillo · 16-12-2010, 12:17 PM

Quote:

Originally Posted by NickyN

He'd save every Landau if he could.

+1
The man's known as Jesus to the Landaus of this country

And this is a balls situation indeed!
I really hope you get your landau back! Next time i think its better to do a full financial bankground check on your mates before you leave your car there :|

trippytaka · 16-12-2010, 12:33 PM

Just a side note, do you want to inform Chanel 7 Today Tonight? I know the name and contacts of the producers over there and think they would take this up pretty fast if you get no action.

Just a thought.

NickyN · 16-12-2010, 12:41 PM

Quote:

Originally Posted by XCwillo

+1
The man's known as Jesus to the Landaus of this country
:|

Yup, I know.

I've seen what he can do to Landaus and other cars, and these are cars that others would have given up on. Which is why this Landau is just as important to him as the others in his stable.