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Car Pseudo-Ownership

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1 Car Pseudo-Ownership on Fri May 20, 2016 8:47 pm

voxlest


Arresto Menor
Hi,

I sought an old friend's help in getting a brand new car back in 2014 as i have been having troubles getting approved by the bank.

I covered the 90k DP and religiously paid the monthly amortization of 17,700Php for 1yr and 8mos but the car is under her name.

Last month, she stated interest in the car and said that she will just give me back the 90k DP under her terms. And that If I don't agree, she will just report the matter to the bank. I was afraid that time that It would seem as though I carnapped the vehicle since all documents were under her name so I handed over the car I've paid for almost 2yrs.

She still hasn't paid me and our agreed upon settlement date for the 90k has lapsed. All I have are Bank Deposit slips, an S.P.A she signed that I can use the vehicle even if its under her name, and a saved viber conversation of our transaction.

Please advise. What steps should I take so I could at least get the 90k back.

Thank you.

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2 Re: Car Pseudo-Ownership on Sat May 21, 2016 10:36 pm

Filia


Reclusion Perpetua
Medyo madami na din ang may kasong ganyan. Kung gusto mo, file ka na lang ng case. Sa civil case, pwede namang in alternative nag causes of action mo. Pwede kang maningil sa kanya. Pwede din na i-exercise ang right mo sa kotse dahil sa totoo nyan trustee mo lang siya. Kung in case, di makabayad ang friend mo, gawa na lang kayo ng deed of sale tapos i-assume mo ang mortgage ng kotse... Pag-notarize na yan, binding na yan against the bank...

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3 Re: Car Pseudo-Ownership on Mon May 23, 2016 10:53 pm

voxlest


Arresto Menor
Thanks, Filia. I just hope yung gastos is not going to be bigger than the projected claim. Nasa ibang bansa kasi sya ngayon and naka temp working visa lang. If I file a case, will it impact her employment abroad?

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4 Re: Car Pseudo-Ownership on Tue May 24, 2016 6:48 am

Lunkan


Reclusion Perpetua
If she decide to be unfair, you can hit back.
"All I have are Bank Deposit slips, an S.P.A she signed that I can use the vehicle even if its under her name"
Is it much left to pay until the car is fully paid?

You can chose to STOP PAYING and USE that right to drive anyway Laughing
because the loan is in her name, so if it isn't paid, it will hit her...

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5 Re: Car Pseudo-Ownership on Tue May 24, 2016 9:06 am

Filia


Reclusion Perpetua
I dont think thats a good idea Lunkan. Carnapping labas nyan. Kasi pagnagrequire ang registered owner na ibalik, kailangan nyang ibalik. Otherwise, expect criminal charges.

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6 Re: Car Pseudo-Ownership on Tue May 24, 2016 7:47 pm

Lunkan


Reclusion Perpetua
Filia wrote:I dont think thats a good idea Lunkan. Carnapping labas nyan. Kasi pagnagrequire ang registered owner na ibalik, kailangan nyang ibalik. Otherwise, expect criminal charges.
Realy? The SPA tell he has RIGHT to use it. I suppouse the car has NOT been returned each time earlier.

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7 Re: Car Pseudo-Ownership on Wed May 25, 2016 9:06 am

Filia


Reclusion Perpetua
Ok. Read it wrong. Thought it was drive away... drive anyway pala. Well, the right to use the car presumes your friend's ownership over the car. If you stop paying for the car and your friend does not pay for it as well, the bank might foreclose the mortgage.

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8 Re: Car Pseudo-Ownership on Thu May 26, 2016 4:21 am

voxlest


Arresto Menor
Thanks Filia and Lunkan. So just to set things straight. Nasa kanya na yung sasakyan. She promised na ibabalik nya na lang yung DP na binayad ko. Last month, sya na nagtuloy ng mortgage.

1. Sa kanya nakapangalan
2. Ako ang nagdown at naghulog for almost 2yrs
3. Nagkainteres sa sasakyan at kinuha nya sakin sya na daw magtutuloy since under naman sa pangalan nya at ibabalik nya nalang daw yung dinown ko
4. Our agreed upon date has lapsed hindi pa nya ako binabayaran, and frankly I think hindi na sya magbabayad pa

Pano ko mahahabol pa yung DP at least maibalik sakin? She's currently abroad working, anak nya ang gumagamit ng sasakyan ngayon.

Sorry kung medyo confusing nung una. Thank you!

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9 Re: Car Pseudo-Ownership on Thu May 26, 2016 5:34 pm

Lunkan


Reclusion Perpetua
voxlest wrote:Thanks Filia and Lunkan. So just to set things straight. Nasa kanya na yung sasakyan. She promised na ibabalik nya na lang yung DP na binayad ko. Last month, sya na nagtuloy ng mortgage.

1. Sa kanya nakapangalan
2. Ako ang nagdown at naghulog for almost 2yrs
3. Nagkainteres sa sasakyan at kinuha nya sakin sya na daw magtutuloy since under naman sa pangalan nya at ibabalik nya nalang daw yung dinown ko
4. Our agreed upon date has lapsed hindi pa nya ako binabayaran, and frankly I think hindi na sya magbabayad pa

Pano ko mahahabol pa yung DP at least maibalik sakin? She's currently abroad working, anak nya ang gumagamit ng sasakyan ngayon.

Sorry kung medyo confusing nung una. Thank you!
An ADDITIONAL mortgage?
Wasn't it a mortage you were paying earlier - How much was that dept reduced?

Can you PROVE she has promised to pay you 90 000?

Oh she is OFW - but has economical problem anyway...
Perhaps that can add chance she prioritice you up some by (threaten to) file a case against her. But I'm not sure you have evidience enough. And even if you winn, it isn't sure there are any money you can get. That's why I think better just THREAT to file a case.

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10 Re: Car Pseudo-Ownership Today at 4:10 am

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