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Discussion Starter · #1 ·
What am I gunna do?

SOOOO

I sold my second 6 to a guy for parts. He owed me money so I kept the registration. He towed it and such, and we were supposed to get the rest of the cash in the next couple days...which never happened. He fell off the face of the earth. No contact info all disconnected....so I didnt bother it was only a couple hundred bucks...and it was being used for parts...so Im looking for cars on Kijiji and BAM!

look what I found!

2 MAZDA MX6's V6 5 SPEED 1 FOR PARTS NEEDS SOME WORK - Moncton Mazda Cars For Sale - Kijiji Moncton


Its my car! They are selling it with no papers...I know its mine...there arent many here, i painted those rims, the marks from that guy jumping on my hood are there, there are no plates, i can see blue paint chips where the black is coming off, it hasn't been inspected since i sold it (inspection sticker is still blue), those tail lights I bought them, those head lights I bought them....what the hell? And I have the registration IN HAND right now...

Should I show up at his house? the address is posted, what would you do? GOAT! I need some legal advice, what should I do?

For those of you who don't know the black one is mine...

Feen
 

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Wow... never did you tell me you did this. Jesus. The car would have stayed parked on my lot until I had the full cash in hand. This happens all the time, as it even happened to me once when I was 18.
 

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you have the registration... Did you give him any receipt/proof of payment/ etc?

if you know where its parked, you can show up and hook a tow truck onto it or just declare it stolen.
 

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^ Good I was hoping you could have shed some light on this. Do that Feen, seriously.
 

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if you failed to write a bill of sale (which in this case would be a good thing) then get that fucker towed back home. he can pay you all over again to get it back. :)
 

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Discussion Starter · #8 ·
no i wrote one, but the guy selling this car is not the person I sold it to. The guy I sold the car to illegally sold it to someone else without the papers...the guy emailed me back, since i emailed him telling him i was interested in teh car and he gave me his number AND told me he was using the plates and the registration from the green car for my car. Funny how he admitted it. I am going to pay him a visit on saturday and see what he says...if he gives me my car back, ill buy the green one and make a decent 6.

oh, and i called the cops to see what i can do and the woman said that i can either visit him and see what he says OR sign an affedavid (spl?) signing over all my rights.

so I need some scare tactics just incase he decides to play hardball.


feen
 

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signing over your rights?

feen - i don't think you explained it properly to the police.

In essence - your car was stolen, and sold to someone else. That's how you treat it.

you don't sign over any of your rights... and in fact the new owner may be SOL. thats why you don't buy a car without papers.
 

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so wait, what exactly were you supposed to get in return for selling the first crook your car?

the second crook is also in trouble. go tow thst bitch home first, then go visit crook2 and tell him not to sell cars illegaly. you own your car until crook1 gives you all he owes you. then you can give it to him with the plates/registration etc.

crook2 is out of luck. he paid for something illegal and was willing to turn around and keep it illegal. fck him. getting his money back from crook1 is his OWN business.
 

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u gotta listen to us babe. go get your car back with you and put it in the garage or a storage unit or if you don't have a garage and can't pay for a nuit, take the wheels off and let it sit on cynder blocks for all i care. do not let anyone else come take it away from you again without a payment. i got my own self in trouble letting a poor high school kid "pay" for parts off my partscar. never saw him again and never saw a dime for parts adding up to roughly 400 dollars. thanks to david i was able ti find out where he went to school (the one that i lived right across the street from :D ) so i finally snooped around for his crappy 6 and left a threatening note telling him to call me. you owe me money for parts. DO NOT make me come find you in class.

:D
 

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Discussion Starter · #12 ·
anyone have any scare tactics that i can use? im showing up tomorrow am......just incase he wants to play hardball...anyone?

feen
 

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feen - please try and understand what we are saying.

There are no scare tactics needed.

He is in posession of stolen property. He is trying to SELL stolen property.

you will bring your title as proof that the property is still yours, and then you will have it towed back to your home.

i'm not sure what you aren't getting here.
 

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Diana, sweety, please read post #10 then read post #13 :D

You have no need to "scare" anyone. You have a right to regain possesion of your property. Your beef to resolve is with no one because you'll put it back on the market and NOT let any "buyer" take it away from you before they give you what you want for it. Nobody paid you for the car you were selling which means said buyer scammed you and stole your car from you. Having given him permission to take it before paying you or not, you wrote a bill of sale stating you would be paid for the car, you never got paid and the car was then sold illegaly by said buyer, then put on the market to be sold again....Illegaly!

Please do not go over there with intentions of simply scaring the seller. The minute you leave, so will your car, but not with you. They will get rid of it before you can call 911 on the way home. Don't go that route. Be aggresive and belive us when we tell you that you will be doing what's right by taking back property that is rightfully YOURS!
 

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Discussion Starter · #15 ·
its just that hte cops told me that sicne i didnt file it as a stolen vehicle, (i didnt bother cause it was SUPPOSED to be used for just parts) they said i cant do much about it.

Fuck it...i still have the key Ill drive it away...whats he gunna do? Call the cops and report it stolen? Hahahaha...

Ill let you know how things go tomorrow night...

feen
 

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Are the cops in canadia stupid?

Though THEY can't do anything until you report it stolen - lack of report does NOT mean lack of ownership.

You don't waive your rights, or relenquish ownership until a statue of (time) limitations is reach... 5 years.

In fact you can report it stolen now. your reason for the delay is that you had lent it to a friend to drive, and then that friend disappeared. Please note - you don't actually OWE the police this explanation - you're perfectly within your rights to report it stolen regardless of time passed... as long as its within the aforementioned S.O.L - but that explanation will be the one that gets them to help you, vs them simply ignoring it.

go get your car.

**edit - the above is what *i* would do... however i'm not familiar enough with canadian law to advise you to do what i would do.

The alternative to simply getting your car is that you would have to file suit against the buyer for repleven (returning stolen goods to you) if and only if he was a good faith buyer, or there were forged documents. In other words - if the buyer had no reason to believe he was being sold stolen property.

In new york (and most states) that same rule exists - EXCEPT where there are titles or deeds of ownership. In the case of a deeded ownership - its the buyers onus to verify those documents, and a lack of such documents is enough to prove a bad faith purchase. However, buying a car radio in china town - the onus isn't on the buyer since there is no deeded ownership. (scratched out serial number however, is another way to prove intentional purchase of likely stolen goods)

anyways the law is very complicated on these matters... but what i would do in NY is report the car stolen.. syaing it was lent to a friend until they got back on their feet... the friend has since lost contact with you and the vehicle has not been returned.

Then i would go get my car.
 

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Discussion Starter · #17 ·
i just tried to call my insurance agent, shes off today. I need insurance to get the registration re-newed and i need a transfer sticker to bring it home (in which i need to show my registration). THEREFORE, I am currantly looking for someone with a dolly. Chris (on here) has one so Im looking into that...fucking jesus.

feen
 

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one hint: if you have the key and plan on simply taking the car - there are certain breaching the peace laws that even you have to abide by when retrieving stolen goods. I have no idea what these are like in canadia so you'll have to look it up. In NY - if there's a chance for it to turn into a violent confrontation, you have to leave, even if its your property.
 

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Discussion Starter · #19 ·
one hint: if you have the key and plan on simply taking the car - there are certain breaching the peace laws that even you have to abide by when retrieving stolen goods. I have no idea what these are like in canadia so you'll have to look it up. In NY - if there's a chance for it to turn into a violent confrontation, you have to leave, even if its your property.
Yeah well im thinkin ima go pretending to look at the car, and be like OH I MISSED YOU! get in start her up...the look on this kids face will be priceless! LOL

If this kid is nice enough and just gives me the car back i will offer to buy his other car. If not ill tell threaten to call the cops, and tell them hes been driving with no registration for the car. Honestly I have no idea what Im gunna do or say until I get there. I've never ever been in this situation before to be honest. Im hoping he will give it up, since he will know hes in shit. And yes if it turns violent I will leave. End of story.

In all reality I wont tell him its me that owns it until I look over the car(s), has his key in hand (hell hand it over to turn it on). Then tell him well we have two choices...give me my car and ill buy the other one OR we can get the cops involved.

My girlfriend is selling her golf and giving me the cash for a deposit for the sunflower so thats money for the other 6. If this all works out...It will be a short 2 months with no 6. :D lets hope it all works out for everyones sake.

Feen
 

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When you get there act overly interested in your 6. Ask him where he got it from, how long he's had it and why he doesn't want it anymore. After he answers you say "so n so, let me show you something." Pull your key out and unlock the door. Then pull out your registration (and title if you have one) and say "I own this car. Legally. I'd like to take it back now since it ended up stolen from me, instead of purchased from me. Thanks." Then get in and zoom zoom away :D

Honestly though I don't like the scare tactic route. If you go there and he does not want to release "ownership" to you, I have exactly 0 trust that it will be there the next time you arrive to physically remove it from him. If he knew he was purchasing it illegaly he will not wait around for you to take back what is yours. Please please show up at the guy's place completely prepared to remove it right then and there. Yes, if it turns into a battle, leave it, but be aggressive and do not back down to some punk that wants stolen goods to make money off of!
 
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