The Voice - Consumer's Voice

He owns my car!

Afternoon! I need some advice. Lets say I sell my car to someone and he gives me deposit of P3,000 then I give him the car and change the blue book. Then after some weeks he comes back asking me to refund him so that he can give back the car.

The problem is that the windscreen is broken and the other door does not close properly. I told him that I wont refund him until he repairs every damage. I tried calling the police but they said they can’t help.

What can I do?

Firstly, I think you know that signing over ownership of your vehicle before you received full payment was a mistake, don’t you? You should never hand over the vehicle registration documents (the so-called “blue book”) until you’ve received all the money you’re owed. If that’s cash it’s easy (but make sure you count and check every banknote) and if it’s a cheque or bank transfer make sure you ask your bank to confirm when the money has been credited to your account irreversibly. I’ve heard of items being handed over but at the last minute a crook reverses the transaction leaving the victim without either the goods they bought or their money.

In your case I think you should change the demand you made to him. Tell the guy that he has two choices. Either he pays you everything he agreed to pay or he simply returns the blue book to you and you keep the P3,000. You can then use the P3,000 to repair the damage I assume he caused. If he fails to do either then you should tell him you’re going to the Police to lay a charge of “obtaining by false pretence” against him and that you’re also going to the Small Claims Court to seek an order against him for the outstanding amount he owes you.

You did both sign a written sale agreement, didn’t you? Please tell me you did…

Can’t they clear me?

I had a debt with a store last year and they took my name to ICT. I cleared with them last year December. To my surprise yesterday I applied for a loan but I couldn't get it because the store has not got my name off the ICT list. I need the money by Friday but the loan cannot be processed until they give me a letter which takes about 3 days. Can you help me please?

I’m sorry but that’s how things work. TransUnion (formerly known as ITC) keeps records of customer activity that are sent to them by the companies who pay their fees. So long as the facts they supply are truthful, there’s nothing you can do about that. It’s true, isn’t it, that you had a debt with the store and also that you failed to pay your instalments? The store is therefore within its rights to tell TransUnion that and it’s the right of stores and potential lenders to examine your history and see that you had problems repaying your debt. That way they can make a rational decision about the level of risk you might pose if they lend you their money. In fact, let me correct myself. It’s not THEIR money they’re lending you, it’s the money deposited by their other customers. I suspect they would want the lender to take every precaution before risking their money.

As I understand it, it’s the normal rule for TransUnion to hold such records for two years before removing them so you might be out of luck with the loan you are currently seeking. In the meantime I suggest you visit your nearest main Post Office where you can check your TransUnion record for a small fee just to ensure that the data they hold on you is correct. This is something that we should all do occasionally, just to make sure that the information potential lenders can see about us is as correct and up-to-date as possible. It’s in our interests to do that.