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Estafa Case with a twist

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1 Estafa Case with a twist on Tue Aug 06, 2013 12:00 pm


Arresto Menor
Hi, was browsing through the forums but didn't find any case with the same scenario as this.

Here's a summary of the story. My sister works for a person as his secretary/assistant/nurse who's into lending, pawning and all stuff related to money. They also sell cars for less than the market value Brand new. My dad got a car from the same person and it all went well, mejo matagal lang talaga makuha ang papers (LTO OR & CR) because of "a process" that it has to go through. SO my dad shared this with one of our neighbors and decided to get a brand new pick-up, he was quoted with 500k+ and paid for it. My sister went to the dealer with our neighbor and got the pick-up brand spanking new. The initial papers that were included were the delivery receipt and the many copies of the proof of release for the conduction sticker. It was taking time before they could produce a CR and OR for the registration (probably about 6 months, not sure but it's a while. Our neighbor decided to take action because of the delay and started looking at the papers in LTO using the body and engine serial numbers, he found out that it was already registered but to a different person (w/c was part of the deal). He kept on bugging my sister to produce the papers or will file a case, they offered a lot and a 2nd hand car as collateral until they are able to produce his money back since he did not want the pick-up anymore. It looked like he filed a cash loan from a bank for him to be able to pay for the pick-up in cash (since he can't file a regular car loan since there's a different "process" in acquiring the car). He then decided to surrender the pick-up to the bank and filed an Estafa case against my sister (w/c probably acted as an accessory/mediator and not the direct seller). Tried an of court settlement that we will return the money but we need to have the pick-up back of course. He went on and filed a case on the rtc and after the resolution has been posted, the warrant came out in less than two weeks before we can even file for a motion. My sister already posted bail of 80k and is waiting for a scheduled hearing.

Now the question is, can we counter sue this person as we don't want to give him his money back since he won't give us the pick-up back since he already surrendered it to the bank. Doesn't it look like he is swindling my sister rather than my sister swindling him because he wants to get his money back without returning the car? It's not as if my sister did not give him a car or gave him a used car when the agreement was brand new, she was just not able to give him the papers right away due to the "process" and was impatient. Plus my sister was just the mediator and did not force him at all to buy from her boss, it was his choice since he knew a brand new pick-up for 500k++ was a deal of a lifetime.

We can produce the money, but we need the pick-up back in exchange even though it wasn't my sister who got the money, we just want the case to be finished.

Hope to hear from anyone who can help. Thanks!

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2 Re: Estafa Case with a twist on Wed Aug 14, 2013 6:01 pm


Reclusion Perpetua
Well. Waiting 6 months I don't count as impatient Smile
I suppouse the bank pressured him, demanding the documents showing he was owner, but your sister/her employer didn't give them to him even within 6 months!
He don't have access to the pickup, because the bank have kind of "repossesed" it, but the bank have problem too because of the missing documents... So not odd the pickup buyer didn't want the deal you offered him. To make an off court settlement possible to be satisfaction for everyone in the long run, I suppouse the bank need to be involved in such deal. Have you talked to the bank? I suppouse the bank WANT to release the car, if they get pay for the loan dept including interest. So better hurry up some, because the interest go on cost money.

IF it become a court case I GUESS the court would decide NOT counting what the pickup buyer PAID, but how much he LOST (plus perhaps some for inconvenience) which normaly would be less,
BUT because of the bank can't sell it without clear documents, the loss can be the WHOLE loan and interests. Plus perhaps the court will look at too the odd selling situation, perhaps see it as a fraud or some other criminal fishy business...
So you better try to involve BOTH the bank and the pickup buyer in an off court settlement including the estafa case is skiped.

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