Dealer Complaint Question

[Mindi]

Sounds like a Police matter, ring them straight away and get the ball rolling. Then contact your solicitor.

Nothing wrong with mentioning who it is, as long as you keep to the facts and the truth. No one can take action against you for telling the truth.

Oh yes and for our sake tell us who it is... please.

[captain rednut]

contact Marine Queenland

dont hesitate to contact marine queensland in brisbane as they are the govening body to protect the boat owners from rogue traders. good luck jim

[jayvee]

this is unbelievable. i reckon the guy that bought your boat would be furious aswell that the finance hasnt been paid out. could it not be a possibility that he also would loose the boat to whoever the financier is if the boat yard goes belly up before the finance is paid out???

[Mindi]

this is unbelievable. i reckon the guy that bought your boat would be furious aswell that the finance hasnt been paid out. could it not be a possibility that he also would loose the boat to whoever the financier is if the boat yard goes belly up before the finance is paid out???

very possible...

[White Pointer]

G'day,

You must serve a letter of demand on the business immediately - like yesterday - and to do this so it works in Court you need a lawyer. You must give them a reasonable period to respond or you go to Court and have them placed in Receivership. Seven days is heaps.

As soon as you have got that done go to the Magistrates Court in George Street in the city and ask to speak to an officer from Fair Trading. They can be powerful advocates for you because they can initiate prosecutions instantly. They can also access the REVS register for BMT and record a defect in title - but your financier may be ahead of them. Be prepared to waste a day there.

Publish the name and registration of the boat, HIN and engine number of the boat and registration and VIN of the trailer here on AUSFISH along with the name of the dealer in the terms advised by AUSFISH.

Good luck,

White Pointer

[siegfried]

This is simple theft nothing more ,nothing less. I cannot see why this mob shouldnt be named, forums like this are a great info scource if used honestly and responsibly .I cannot believe for one minute this was an accidental misplacing of funds, it isnt a 3m tinny for f%^$* sake. Best of luck mate

[Dicko]

this is unbelievable. i reckon the guy that bought your boat would be furious aswell that the finance hasnt been paid out. could it not be a possibility that he also would loose the boat to whoever the financier is if the boat yard goes belly up before the finance is paid out???

The finance company doesn't need to wait till when/if the yard goes belly up. The boat is still encumbered to them.

The new purchaser probably has/should have a letter from the dealer showing it has a clear title. Which is likely fraudulent.

The yard should (rightfully) end up in a big pile of poo.

[eureka]

mate the first thing you have to do is contact your states police CIB ask for the fraud squad and report this as a criminal matter don't worry with your local station as it could waste precious time you should get from the police a incedent report then contact your finance company and inform them and fax the police report then go get a solicitor.
had a similar thing happen to me but with a car fraud squad was my first call hope thing work out
matt

[Tangles]

Police with all documents, contracts/ cheques/bank records/tfr papers etc
Finance Company asap
Lawyer
etc


Following on from Dicko, the ownership cant be transferred to the new buyer until released by FInance Company, ie usually 5-10 days after funds are deposited in their account and cleared they issue a release form etc. They wont release it so no transfer and no doubt the dealer knows this as well, took a chance and juggled the funds and it has caught up with them.

you have a duty to inform your finance company, insurance company etc. Your finance company will no doubt act as well.

Also prompt action is required by you to inform interested parties, ie your finance company!! how long has passed? (3 weeks is a long time especially after the you knew and gave them another week in good faith... have you diary records? if not write some notes with times and notes on the conversations!) has the new buyer taken possession yet so its not at the yard?

Have you kept your insurance on the boat still, still maintain it!

Also if company goes into administration their encumbrance will rank ok, the administrator will deal with that issue and you will be Im afraid a spectator on the sideline until all the dust settles along with the new purchaser who has paid over the money and wont get clear title.

you can also inform the transport Department as well regarding a potential issue regarding the transfer but no doubt your finance company will act on that one as well,

Only query I have is why didnt get the cheque payable to you less commission etc so you could take care of the payout? ,

Good luck and act.

[cormorant]

Do as mindi says - doorstop your soliciter 9am with all documents and diary of dates and calls etc.

Don't leave till he has a plan and has explained it to you. There is specific rules in regards to trust accounts and key info will be who changed account numbers on deposit.

I was going to joke and say Mick Gatto but this is far too serious.

Don't piss around with this as $ spent early and immediate action will save you possibly the whole lot.

I am sorry to hear that you are involved with such a company. The only party that can access money from their trading account are parties that have taken action or the bank. Neither are a good sign.


Oh yeah - until you get sorted be selfish and don't mention any names - it's for your own good. When sorted tip ausfishers off next in case anyone has involvement with them.

[Mr__Bean]

Beeracudda,

Whilst there is no shortage of advice can I stop for a minute to thank you for posting about your situation.

These things are never easy to admit have happened to you, your posting here hopefully prevents a further occurrrence of what looks very much to be a shady situation.

Hope all ends up OK.

- Darren

[Moonlighter]

Do all the above, and fast.

Marine Qld contact number is 3390 4657. Have all your details and paperwork ready to provide copies to them if necessary.

ML

[cormorant]

Where is the boat? No names just dealer , yard, broker, new owner or your mooring.

Who is in posession of it?

Ensure it is still fully insured as insurance companies and finance companies have all the tools and resources to get posession if something bad happens.

[Beeracudda]

Thank you to all that have posted this is a great forum that clearly cares.

I have been in contact with my finance company for about 2 weeks now to inform them of the sale and daily checking of balances. The resaon cheques weren't made out to me in the first place was dealing with such a large dealer as Mustang Marine I assumed I was safe in dealing with a known brand and I thought it couldn’t happen twice!!

An update from yesterday's post was we finally got through to management only after threatening to go to the police if he didn't get on the phone, and as a result made 1/2 payment yesterday and said they would make 1/2 tomorrow.

So we then informed our finance company and we did ask the what if's and if the vessel doesn't get paid for in full it will be repossessed as title is still with the finance company and with extensive notes on the file that we have sold the vessel in good faith the person that stands to loose most would be the new buyer! I did want to contact him but the finance company said it was there responsibility.

There yard is now very bare and who I thought was the dealer princible has now left the company? Lets hope for the marine industry that we don't have another headline oh yeh and my sake!!

[choppa]

good to see that some action has been undertaken mate,,,, i hadn't seen this post til now,,,, and most of the replies are spot on,,,,

your finance company on all occassions are the first place of call in these matters,,,, a number of reasons,,,, they own the asset,,,, it is their right to ensure their asset is protected via all reasonable means,,, and they have the push and $$ to protect their asset.

this simply means that if found to be fraud,,, their legal department will in turn take action first againt the dealer if all paperwork you hold is in place.

your credit rating is also protected throughout this process,,, abiding by any agreement made between yourself and them,,,

once they have the first bite,,, police action is normally warranted and instigated at their cost once more

this happens (believe it or not) quite commonly in the motor trade,,, most of the time its with personal sales and not as much through dealerships,,, but when you have people that are in need,,,, silly and stupid things occur

keep in mind,,,, if the payment made was not of a direct transfer process,,,, clearance of funds can also leave you in the grey matter until this happens

hope all goes well,,,, there is a solicitor in morayfield that i know who deals in this precise matter,,, if anybody within has a similar experience,,, let me know and i'll pass on details,,,,

choppa