VIC Car loan - ex wife still has loan in my name

[sammy01]

Mate read the second sentence of the very first post.... He said asset division had been done. So no u did have that information about the car when u gave the advice to commit theft...She legally owns the car and he said so from the outset. So instead of attacking me. Read the information the punters asking for advice upon or find another hobby. Like abusing me... id rather that than seeing blokes go to jail because they took your advice...

I would like to apologise for using my personal experience to help punters here. I will start posting based on someone elses experience. Yep that will work. Are u dor real mate?

He said there was an ivo. A sensible response is to at least ask the question... what are the restrictions placed on the ivo? Not u though... you tell him to do something that could land him in jail. Genius....

Yep, i do think accepting an ivo without admission is not a bad idea. All the more given the new changes rhat u assume i know nothing aboit. Save the $ to spend on family law solicitors. Again my opinion differs from you. Does not make me wrong. I just have a different opinion to you.
Naughty chair... again

 

[thatbloke]

F
Could save Court time when testing evidence (trial is where evidence is tested, most matters do not go to trial) - if mandatory representation is present (for trial) in certain circumstances? - better legal argument (many instances)? - protections for parties? - fewer allegations of Courts failure to afford procedural fairness to either party? - who knows?

Googling a quick copy and paste is not knowing in depth the front line damage protected witnesses will have on self represented people. Not everyone can afford a lawyer. If they could i would not spend half my life doing my best to help others in the real world rather than being a keyboard jockey.....and as for saving the court time it that REALLY paramount, to the detriment of self represented people? WHat planet do you live on? Do you actually help people in the real world in actual court situations? In fact, dont bother answering that.. i already know the answer.

Not everyone can afford a lawyer. I notice you seem to have a lot of support for people within the system, almost to a sycophantic style. "They are qualified so they MUST know best" is just plain stupid

M
I would like to apologise for using my personal experience to help punters here. I will start posting based on someone elses experience. Yep that will work.

Once you get away from your keyboard and actually go and really help people in actual real cases you will find that this that you tried to mock is actually WAY better than crapping on about your own case and misfortunes non stop to others.. But dont take my word for it. Soapboxing about your own case and experiences does not get people anywhere outside of the interweb

Now Bert and Ernie.. night off.. see ya....World Cup.

 

[thatbloke]

oops

 

[sammy01]

What planet? Earth. Same as the original poster. He is asking about what to do about this car. He told us in the second sentence of his first post that she owns the car. You told him to steal the car. Can u please at least agree u got it wrong. U gave bad advice. Or do u really think this punter should steal a car that he has not even told us he has a key to the car...

 

[MartyK]

Looking for help . Car I gave wife in seperation settlement . Signed paper work to take me off car loan . He refinance was not approved . Found out loan is still in my name and I have nothing to do with car .

Was the transfer of the car part of a court ordered property settlement? - if so, if the orders have not been followed - save filing separate contravention proceedings - as you are not seeing your children and intend to apply to Fam Courts anyway? - you can raise non compliance of property order and seek enforcement of the orders during the parenting proceedings.

Don’t want to do anything illegal As want to see my kids again

You are right that stealing the car - especially when you have agreed for it to be transferred to her - can cause you an abundance of trouble - in both the Magistrates and Family Courts

 

[Rod]

Now Bert and Ernie.. .

Please desist with your ad hominem and belittling attacks on others. They are unnecessary and do not assist the people coming here asking for advice.

re: Car. Do NOT take the car. It is not yours and as Sammy pointed out you can be accused of contravening the IVO, and charged with theft. The court cannot order a bank or finance company to re-finance the loan so your best bet is just be watchful and move quickly if the loan goes into arrears to either repay the loan or go back to court saying what's not working and ask for a change in orders.

 

[thatbloke]

Please desist with your ad hominem and belittling attacks on others. They are unnecessary and do not assist the people coming here asking for advice.

Erm. excuse me.. I have been called urine, unintelligent and a whole raft of other things by those two so please review what others have said about me before throwing a pebble at my head. If you think i am going to be insulted by two keyboard muppets working in tandem and just take it up the backside like consenting to a DVO/IVO, think again. I am not the one dragging threads off topic. It is Bert and Ernie. I have actually been quite measured in my responses to their drivel

If a car is legally in your name (finance and ownership) and it is not part of a settlement you can drive the thing away. You cannot steal something you own, or even part own.

How do i know? It has happened to me. (aargh, mentioning my own circumstances) Car registered in my name, ownership papers in both names, she drove the car away, police did jack as ownership papers it was in both our names.. NSW, I thank you.

 

[MartyK]

I have been called urine, unintelligent and a whole raft of other things by those two so please review what others have said about me before throwing a pebble at my head...I am not the one dragging threads off topic.

The original poster asked a question your final response to him - to steal the car - thereafter you went on to attack sammy01 - altering sammy01’s actual response to the OP by fallacious quoting sammy01 as saying “blah, blah, blah , It happened to me, it happened to me...”. Tell me again who took the thread off topic?

Please provide supporting evidence to back up your allegations. You have attacked numerous members on this site - including making critical comments about your perceptions of AllForHer (basic mistakes?), again, in a recent thread - when she has not posted in weeks.

 

[sammy01]

Car destroying me.
I recommend you dont take the car. WHY? she can come and take it back... Then what? and how bad is this all gonna look when you stand up in family court and try to make the case that you and the ex can raise the kids amicably? the answer.... Really bad.
Hey if she is making the payments then this is a small issue.

BUT - I'm interested in some thoughts. See my thinking is the registered owner of the car owns the car. So if the rego is in her name and you took it, you would not be able to sell it because you are not the registered owner... If I'm right on that, I think it becomes pretty apparant that in my humble opinion, just let this one go and focus on getting your paperwork sorted for family law.

Before madness arrived you asked about the 3 month delay from interim to final. YEP long time. BUT i think it is because them at the front of the court house are pretty smart. A three month delay gives you an opportunity to get into family court and get some interim orders for the kids. Doesn't help all that much, but the judges don't wanna see their system abused by a vindictive parent. Once a interim becomes a completed order the parent with the kids can cause all sorts of delays... Again, I don't think their logic is all that solid, but I do think that might be part of the reason for the delays... OR sadly it is just because the system is crumbling and 3 months is their backlog in workload...

Mate forget about the car, focus on getting access to the kids and I hope the nice people who post here often will help ya with that and give you some good reading, not pulp attacks, for which I am guilty...

 

[miguel]

I get the feeling the OP hasn't given the full story. I can confirm in Victoria if you are a 50 percent owner of a car, excluding any other orders, then you are allowed to have that car in your possession. Even in Victoria.

But I get the feeling the OP doesn't want the car, he just wants out of the contract. In this case, what do the orders say? If she's contravened a property order then ask a 'my ex has contravened a property order, what do I do' type question.

But there are a lot of other factors here. The OP doesn't seem to have realised yet that the money invested in the car will be insignificant to the issues he's about to face. He's hurting a lot due to the ex denying access.

OP: If you haven't already, get a 60i certificate and then prepare to make an application for interim orders. Do this right now. Ask for help, it will be given.