need advise with legal issues regarding repossessed bike

[scooteray]

hi guys.i need advise with legal issues.lets cut it short..3 years ago i paid 800 sgd to downpay a gilera from **** bike shop in bukit mera...i tied it for 2 years 150/24 total =4k plus i paid for 4 months total ..after the 5th month i went into ns.as i was young and naive i was surviving on recruit pay i dint pay the instalments for two months and the bike got repossessed...a week after the bike got repossessed..i went down to ..to pay the remainning two installment..plus and extra 1 mthn. but they told me they had alredi sold the bike..so i checked further indeed the bike had alredi been sold..and they sent me a letter 1 week later to pay for the remaining and plus plus(admin fee ,towing fee =5k plus. and in the letter they state the bike was taken back for 800 dollars which i went back to the shop and denied selling them the bike.so up til this date for 3 years i ignored every letter they sent and now they send me an order of court summon asking me to pay up.i seriously need good advice from kind and experienced ppl.coz im pretty unsure what i should do and i dontwant to name the shop name for good reasons.hope u guys understand.thanks

Edited September 11, 2010 by scooteray

[natgw]

hi guys.i need advise with legal issues.lets cut it short..3 years ago i paid 800 sgd to downpay a gilera from **** bike shop in bukit mera...i tied it for 2 years 150/24 total =4k plus i paid for 4 months total ..after the 5th month i went into ns.as i was young and naive i was surviving on recruit pay i dint pay the instalments for two months and the bike got repossessed...a week after the bike got repossessed..i went down to southern..to pay the remainning two installment..plus and extra 1 mthn. but they told me they had alredi sold the bike..so i checked further indeed the bike had alredi been sold..and they sent me a letter 1 week later to pay for the remaining and plus plus(admin fee ,towing fee =5k plus. and in the letter they state the bike was taken back for 800 dollars which i went back to the shop and denied selling them the bike.so up til this date for 3 years i ignored every letter they sent and now they send me an order of court summon asking me to pay up.i seriously need good advice from kind and experienced ppl.coz im pretty unsure what i should do and i dontwant to name the shop name for good reasons.hope u guys understand.thanks

 

you already said its southern.

[Nick_Lee]

you already said its southern.

 

hahaha... maybe he shld edit the post again...

[aRcHeR]

they repossed the bike, sold the bike..

 

on top of that, they asked you to pay whatever outstanding loan amount to them? meaning 19 mths worth of installments + admin fees?

[scooteray]

oh **** my bad.yes.what should i do ?

[yokokazunori]

2150 for admin charge? i also wan be admin to earn $ liao pm the shop name pls:cheeky:

[Demon]

hi guys.i need advise with legal issues.lets cut it short..3 years ago i paid 800 sgd to downpay a gilera from **** bike shop in bukit mera...i tied it for 2 years 150/24 total =4k plus i paid for 4 months total ..after the 5th month i went into ns.as i was young and naive i was surviving on recruit pay i dint pay the instalments for two months and the bike got repossessed...a week after the bike got repossessed..i went down to ..to pay the remainning two installment..plus and extra 1 mthn. but they told me they had alredi sold the bike..so i checked further indeed the bike had alredi been sold..and they sent me a letter 1 week later to pay for the remaining and plus plus(admin fee ,towing fee =5k plus. and in the letter they state the bike was taken back for 800 dollars which i went back to the shop and denied selling them the bike.so up til this date for 3 years i ignored every letter they sent and now they send me an order of court summon asking me to pay up.i seriously need good advice from kind and experienced ppl.coz im pretty unsure what i should do and i dontwant to name the shop name for good reasons.hope u guys understand.thanks

 

The things don't add up, so maybe some important points were left out.

 

Since it's below $10k, they can't bankrupt you, so you are quite untouchable.

 

Your personal credit rating has already taken a beating so you may have problems getting a credits in the future such as HDB loan, credit cards...etc.

 

you can keep ignoring but the problem will not go away. Don't leave things open ended. Go to the shop, and ask for a detail breakdown of the outstanding amount. Seek clarifications on those big figures, and cross check with the industry practice.

 

Negotiate for a settlement. Bring a friend who is experienced in such matter and not a hot head.

 

For your case, I would believe there should be a guarantor

[scooteray]

i called the bike shop.and told them i wont pay such a ridiculous amt this is what they charged me

unpaid installments-4607

interest on unpaid arrears - 1263.56

cost of repair/maintenance -280

cost of address search/cost of fines-125

admin charges 421

additional charges-300

admin cost for sale-200

total 7421.79

 

as you guys can see this is pretty ridiculous.bcoz i would like to highlight that i went down a week after the bike was repossesed to collect my bike.but they sold it away without my black and white.how would sum1 sell a gilera 4 years ago for 800?ive called the lawyers and same old thing they just wana make me pay..but i think i just wana stay wher im am dont intend to pay and u can see the list so many redundant stuffs are added.

[scooteray]

yes i do haf a guarantor..but hes nowhere to be found..but im the 1st rider and hes the 2nd

[Nick_Lee]

i called the bike shop.and told them i wont pay such a ridiculous amt this is what they charged me

unpaid installments-4607

interest on unpaid arrears - 1263.56

cost of repair/maintenance -280

cost of address search/cost of fines-125

admin charges 421

additional charges-300

admin cost for sale-200

total 7421.79

 

as you guys can see this is pretty ridiculous.bcoz i would like to highlight that i went down a week after the bike was repossesed to collect my bike.but they sold it away without my black and white.how would sum1 sell a gilera 4 years ago for 800?ive called the lawyers and same old thing they just wana make me pay..but i think i just wana stay wher im am dont intend to pay and u can see the list so many redundant stuffs are added.

 

I hate to say this... but same thing happened to my sister when starhub tried to recover some $500 from her... the amount ballooned to $1500 due to lawyer fees... end up i had to drive down to settle for her... as she is too immature to do it herself... luckily my mum paid the extras and all was settled before any 'real' damage was done... honestly my sister was lucky as she adopted the ,"F-it, i won't care attitude. What can they do?"

 

I believe you had the same attitude as you were younger at that time... i think if they were to sell the bike to someone else, you are only liable to pay the difference in the amount that was paid for the sold bike... maybe you can hire a lawyer and see how it goes... but i don't see a point as the amount of $$ spent on 1 would cost relatively more if you were to lose the case.

 

i think you should go down to the bike shop... try not to raise your voice... tell them that te bike was sold and you will only pay the leftover amount that the bike was sold at... however i think unless u get a lawyer friend to go with you... i don't think the bikeshop will listen to you at all... honestly... its a lose lose situation for you... its just how much u lose.... tell them u are willing to pay... but 4 yrs ago... your bike would nvr in a million yrs sell for $800... tell them to come up with a more honest value... and you are more then happy to pay the difference off...

[scooteray]

im just curious..what would happen if i dont pay?

[BlackDawn]

im just curious..what would happen if i dont pay?

As mentioned earlier, one thing that has happened is that your credit rating is screwed & you will probably not be able to get any credit cards or loans of any sort for any reason.

 

This will haunt you until this is resolved.

 

Truth hurts, but you should not have let this snowball into the current situation.

[contrarian]

i called the bike shop.and told them i wont pay such a ridiculous amt this is what they charged me

unpaid installments-4607

interest on unpaid arrears - 1263.56

cost of repair/maintenance -280

cost of address search/cost of fines-125

admin charges 421

additional charges-300

admin cost for sale-200

total 7421.79

 

as you guys can see this is pretty ridiculous.

 

Just because you call these charges ridiculous and redundant doesn't make them so.

Looking at the itemised breakdown above, the types of charges don't seem unfair. And the values of the charges don't seem to be over-the-top.

[scooteray]

contrarian.thanks for adding in.but u dont get my point.i went back to claim back the bike n they sold it.WITHIN A WEEK.i admit i was young and naive.ive told the bike shop.yes i will pay.but if you give me back my bike.and ive checked the bike records with lta.they indeed had a new owner days after my bike was repo.i would appreciate good advise but after they sold my bike within days and without knowledge.would you pay the amount stated?i had no fines to pay and they took it back and added cost of fines.care to explain to me why is the admin charges almost 500?why is there admin cost of sale when i booked out of tekong only to find out my bike was sold without my consent?would u sell ur gilera for 800?.imagine your gilera to be sold for only 800 a couple of years back what would you do?i just need good advise.thanks.my point is ive talked to the shop.im willing to pay the full amount if they give me back my bike.which i dont think they will.

[crazydj]

contrarian.thanks for adding in.but u dont get my point.i went back to claim back the bike n they sold it.WITHIN A WEEK.i admit i was young and naive.ive told the bike shop.yes i will pay.but if you give me back my bike.and ive checked the bike records with lta.they indeed had a new owner days after my bike was repo.i would appreciate good advise but after they sold my bike within days and without knowledge.would you pay the amount stated?i had no fines to pay and they took it back and added cost of fines.care to explain to me why is the admin charges almost 500?why is there admin cost of sale when i booked out of tekong only to find out my bike was sold without my consent?would u sell ur gilera for 800?.imagine your gilera to be sold for only 800 a couple of years back what would you do?i just need good advise.thanks.my point is ive talked to the shop.im willing to pay the full amount if they give me back my bike.which i dont think they will.

 

To answer your question, as long as you have not fully paid for your vehicle, it doesn't belong to you. The feeling of receiving only 1 key compared to 2 keys when you buy your bike is totally different.

 

The truth is, they can do whatever they want with THEIR bike. Same concept when buying a car or house. You cannot pay/don't pay/refuse to pay, they can take your car/house away and sell it at a much lower price, just to minimise their losses.

 

They don't need any of your consent. If it is in accordance to the law, they can do whatever they want to the bike. Sell it, scrap it, mod it, whatever. Only when you bike is fully paid, only then it truly belongs to you.

[Demon]

The truth is, they can do whatever they want with THEIR bike. Same concept when buying a car or house. You cannot pay/don't pay/refuse to pay, they can take your car/house away and sell it at a much lower price, just to minimise their losses.

 

You are incorrect.

 

Even under HP, the bike shop doesn't have title to the bike.

 

When the bike shop/finance company wants to repossess a vehicle, they must lodge a report with the Police first.

 

 

They don't need any of your consent. If it is in accordance to the law, they can do whatever they want to the bike. Sell it, scrap it, mod it, whatever. Only when you bike is fully paid, only then it truly belongs to you.

 

I am not familiar with the HP Act but I am sure there is a procedure to sell off a repossessed vehicle, and it must be a fair price.

 

 

BlackDawn,

 

I believe you have a case. Consult a lawyer.

 

It seems very fishy that your bike was sold off so cheaply, and in such short notice.

[crazydj]

You are incorrect.

 

Even under HP, the bike shop doesn't have title to the bike.

 

When the bike shop/finance company wants to repossess a vehicle, they must lodge a report with the Police first.

 

 

 

 

I am not familiar with the HP Act but I am sure there is a procedure to sell off a repossessed vehicle, and it must be a fair price.

 

 

BlackDawn,

 

I believe you have a case. Consult a lawyer.

 

It seems very fishy that your bike was sold off so cheaply, and in such short notice.

 

Apologies. I didn't know that. I was always informed by those around me that it was like that. They always advised me to read the 'clause' of every hire purchase. Like the 'lender' or bikeshop(if they paid for it first) has the right to do what they want with the bike.

 

Regarding the title to the bike, i was not meaning it literally but figuratively.

 

Anyway, lets say i cannot pay for my bike, then if they sell, they don't need to consult me what? I already cannot pay, i still say i can pay. my installments have not been paid for many months, then cannot wait for me how? They have to sell already what to recoup their losses.

 

Is TS not telling the full story here? Like you said, a police report must have been made by the shop/finance company if they repossess the vehicle. Firstly, wouldn't LTA make a check first to see whether the vehicle was anyhow transferred? Secondly, how the bike be successfully transferred by LTA, approved etc without investigating into the case?

 

EDIT: Hire Purchase Act, Chapter 125. Read under 15. Repossession. Good read but need your views on it.

http://statutes.agc.gov.sg/

Edited September 14, 2010 by crazydj

[Muskal]

hmmm i tink wat happen to u is unreaonable bro.. hmm wat i know is if ur bike kanna repo more than 1 mth or so then they will sell it. hmm dats wat happen to my fren. the unpaid installments-4607. hmm hw can unpaid installment be more than the price u buy in the first place? then i tink they also charge u for storage fees.

 

hmm from wat my fren experience is dat he owe bike shop 3 mths installment n kanna repo. they ask him to pay installment and intterest, he ignored. after 2 wks they sent letter ask to settle the amount plu torage fee. he ignored. cos he wanna buy another bike. the shop sent him letter after letter. then finally they sent him letter saying his bike already sold. and he receive letter that he is nt the owner anymore. he owe the shop ard $3.5k including all the interest and storage fees and unpaid installment. as his bike was sold at $2.2k. he has gt to pay the remaining $1.3k.

 

Thats wat my fren experieence. if u in doubt, try consulting a lawyer and also agreement papers u sign. read every line on the agreement papers. hoe dis will help.