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LOGBOOK - BOUGHT A UNIT AND THE SELLER GOT LOST AFTER FINAL PAYMENT
mjuaji wa stocks
#1 Posted : Thursday, September 13, 2012 10:31:32 AM
Rank: Member


Joined: 1/16/2010
Posts: 672
Location: nairobi
Dear Wazuans;

Thanks for your knowledge contribution.

Please help me here; -

I bought a unit from a certain guy. We did sign and executed a sale agreement and he gave me his PIN + ID copy.

The agreement terms were that i pay a down payment in cash and signed by him that he received the cash on the same date - (this is included in the agreement)and then he releases the unit to me.

we did this.

The other clause was that the balance was to be banked directly into his account and then he hands over the logbook to me after final deposit.

After confirming receipt of final deposit the guy went mteja.

I have been to KRA and the unit is still registered in his name.

I have the unit with me and have all evidence of payment as well as the signed agreement.I also have a copy of the logbook.

My fears are if the guy can use the logbook as a security but can banks give money without a valuation report and photos of the unit?

I have the unit with me as per the agreement.

If he does this; the transaction dates will be after the agreement and sale date between me and him - meaning it will be invalid since i already have the unit with me - hivyo basi he will be entering into another transaction after ours with him - since i have the unit will a bank or anyone else be foolish to transact on something they have not seen?

What can i do now? What is the way forward?

What risks are there?

I understand KRA cannot do a transfer to me even if i have all evidence of sale agreement; payment and execution - nifanyeje?

Simu za jamaa ni mteja-

Please advice.

With thanks.

MWS

God gave me the power to make wealth ... Blessed the work of my hands & enabled be A SELF MADE BILLIONAIRE ...... TO GOD THE FATHER OF MY LORD JESUS CHRIST; BE THE GLORY NOW & FOREVER MORE!

selah
#2 Posted : Thursday, September 13, 2012 10:43:45 AM
Rank: Elder


Joined: 10/13/2009
Posts: 1,950
Location: in kenya
I think if you have the sale agreement and deposit slips this is a police case...report the guy to the police...although this is a civil case..you can obtain an injunction stopping any use of the Logbook...I dont think any bank or lender will use the log book without viewing the vehicle....
'......to the acknowledgment of the mystery of God, and of the Father, and of Christ; 3 In whom are hid all the treasures of wisdom and knowledge.' Colossians 2:2-3
mlefu
#3 Posted : Thursday, September 13, 2012 10:50:05 AM
Rank: Elder


Joined: 2/11/2007
Posts: 1,680
Location: nairobi
You need a police abstract..and a concrete one..i suggest you visit Pangani with the car* and all the documents now...saa hii.


*they might demand that you leave it behind...evidence is the kawaida excuse.
accelriskconsult
#4 Posted : Thursday, September 13, 2012 10:57:30 AM
Rank: Member


Joined: 4/2/2011
Posts: 629
Location: Nai
Please heed mlefu's advice. And while at it, you need to take into account the possibility that the guy never had the logbook (only had a copy) which would mean that it might already be charged to secure a loan
Njung'e
#5 Posted : Thursday, September 13, 2012 11:11:45 AM
Rank: Elder


Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
Gari ya nyika....pray!!!
Nothing great was ever achieved without enthusiasm.
holachem
#6 Posted : Thursday, September 13, 2012 11:13:30 AM
Rank: Member


Joined: 11/19/2009
Posts: 3,142
Go to pangani fly , they will get hold of him leo if he changed sim card only.his no will also reveal his accomplices.his as easy as to catch a rat.
StatMeister
#7 Posted : Thursday, September 13, 2012 11:16:56 AM
Rank: Veteran


Joined: 5/23/2010
Posts: 868
Location: La Islas Galápagos
Put a caveat ASAP
A bad day fishing is better than a good day at work
mjuaji wa stocks
#8 Posted : Thursday, September 13, 2012 12:04:23 PM
Rank: Member


Joined: 1/16/2010
Posts: 672
Location: nairobi
Very valuable info - Thank you so much guys.

@accelriskconsult - i did the search and the logbook is in his name - i saw it the day of agreement but couldnt take because of no full payment - check my post again.

@statemaster - Caveat kama ya shamba ? - unajua mtu anaweza nisaidia KRA speedy for the CAVEAT> --- KRA watu wako slow sana.

In the issue of using logbook for loan - i ask again; - can banks or individuals give loans bila kuona the unit? I think that will be ignorance of the highest order ...

Nisaidieni KRA niweke CAVEAT ASAP;

Leteni number ya mtu atayenisaidia pap!!

Asanteni sana.
God gave me the power to make wealth ... Blessed the work of my hands & enabled be A SELF MADE BILLIONAIRE ...... TO GOD THE FATHER OF MY LORD JESUS CHRIST; BE THE GLORY NOW & FOREVER MORE!

sizzla
#9 Posted : Thursday, September 13, 2012 12:09:52 PM
Rank: Member


Joined: 6/10/2006
Posts: 201
Location: Nairobi
Get a sworn affidavit from a lawyer and take to KRA 3rd Floor RTD Registry, include all your supporting documents. Ask for Mr. Asiachi (Officer in charge) and present your case.
selah
#10 Posted : Thursday, September 13, 2012 12:21:03 PM
Rank: Elder


Joined: 10/13/2009
Posts: 1,950
Location: in kenya
@Mjuaji no bank worth its money(salt) would take a logbook without valuation report..and a valuation report has a time frame...also they insist on seeing the vehicle.

Shylocks might be tempted...but any serious shylock will insist in seeing the vehicle.

You know if it was possible for bank to lend using Logbooks only they wuld be in possession of so many salvage vehicles.
'......to the acknowledgment of the mystery of God, and of the Father, and of Christ; 3 In whom are hid all the treasures of wisdom and knowledge.' Colossians 2:2-3
mjuaji wa stocks
#11 Posted : Thursday, September 13, 2012 12:36:52 PM
Rank: Member


Joined: 1/16/2010
Posts: 672
Location: nairobi
sizzla wrote:
Get a sworn affidavit from a lawyer and take to KRA 3rd Floor RTD Registry, include all your supporting documents. Ask for Mr. Asiachi (Officer in charge) and present your case.



Great info sir / Madam!

His contacts unazo? - i see you seem to have some experience.

Then what happens after this? It seems the easiest way out since i have all documents icnluding ile ya search nilifanya before we did the transaction.

This seems the easiest way out - Do they then do the transfer?

Gd day.
God gave me the power to make wealth ... Blessed the work of my hands & enabled be A SELF MADE BILLIONAIRE ...... TO GOD THE FATHER OF MY LORD JESUS CHRIST; BE THE GLORY NOW & FOREVER MORE!

premio
#12 Posted : Thursday, September 13, 2012 12:37:23 PM
Rank: Member


Joined: 5/31/2009
Posts: 226
My worry is that it could be a hired car that he went and made fake documents to match those at KRA its very common nowadays i suggest u report to pangani fq 1st before worrying about him taking a loan. If anyone is buying a car i suggest u buy from a showroom, refferal or a person employed by a reputable org or if its a pure bussinessman he must have a relations with a bank ie loans and you could get him to take you to his bank to confirm they know him and he takes and pays loans otherwise its bad out there. He probably paid the rental company 2 months thats why they may not have circulated the car be very afraid, handling stolen goods will be revelled against you if you dont report first b4 u are caught.
mjuaji wa stocks
#13 Posted : Thursday, September 13, 2012 12:41:26 PM
Rank: Member


Joined: 1/16/2010
Posts: 672
Location: nairobi
premio wrote:
My worry is that it could be a hired car that he went and made fake documents to match those at KRA its very common nowadays i suggest u report to pangani fq 1st before worrying about him taking a loan. If anyone is buying a car i suggest u buy from a showroom, refferal or a person employed by a reputable org or if its a pure bussinessman he must have a relations with a bank ie loans and you could get him to take you to his bank to confirm they know him and he takes and pays loans otherwise its bad out there. He probably paid the rental company 2 months thats why they may not have circulated the car be very afraid, handling stolen goods will be revelled against you if you dont report first b4 u are caught.



search in KRA shows the unit is registered in his name - a have a copy of the search - kwani sasa kama KRA can keep wrong records then where are headed?
God gave me the power to make wealth ... Blessed the work of my hands & enabled be A SELF MADE BILLIONAIRE ...... TO GOD THE FATHER OF MY LORD JESUS CHRIST; BE THE GLORY NOW & FOREVER MORE!

sizzla
#14 Posted : Thursday, September 13, 2012 12:46:51 PM
Rank: Member


Joined: 6/10/2006
Posts: 201
Location: Nairobi
mjuaji wa stocks wrote:
sizzla wrote:
Get a sworn affidavit from a lawyer and take to KRA 3rd Floor RTD Registry, include all your supporting documents. Ask for Mr. Asiachi (Officer in charge) and present your case.



Great info sir / Madam!

His contacts unazo? - i see you seem to have some experience.

Then what happens after this? It seems the easiest way out since i have all documents icnluding ile ya search nilifanya before we did the transaction.

This seems the easiest way out - Do they then do the transfer?

Gd day.


FYI it's Sir. If you call KRA on 020 2810000 you will be connected to exchange then ask for Asiachi 3rd Floor. You will get guidance from there...best of luck!!!
premio
#15 Posted : Thursday, September 13, 2012 12:57:35 PM
Rank: Member


Joined: 5/31/2009
Posts: 226
For your info nowadays banks dont finance cars like kitambo, a transfer has to be done to capture new owner ie if borrower is A N OTHER and financier is NIC bank records must show AN OTHER and NIC bank before they release money.KRA keeps good records but they dont keep a photo of owner so if KBT 987A is owned by George Otieno Mwangi who rents out cars all they need to do is rent the car and make a fake id in mwangis name and river road a copy of logbook showing all the correct data obtained from kra and there u r. Its 90% more likely to be the case unless the seller was struck by lightening.
msupious financially
#16 Posted : Thursday, September 13, 2012 12:59:00 PM
Rank: New-farer


Joined: 1/17/2011
Posts: 70
What if he 'hongad' someone at KRA and they gave him a log book of which he is not the owner? So many people have fallen culprit u find uaself using the same car registered under KRA and both have log books. Please report to police ASAP to be on safe side.
mjuaji wa stocks
#17 Posted : Thursday, September 13, 2012 1:07:53 PM
Rank: Member


Joined: 1/16/2010
Posts: 672
Location: nairobi
Valuable info - appreciated!
God gave me the power to make wealth ... Blessed the work of my hands & enabled be A SELF MADE BILLIONAIRE ...... TO GOD THE FATHER OF MY LORD JESUS CHRIST; BE THE GLORY NOW & FOREVER MORE!

premio
#18 Posted : Thursday, September 13, 2012 1:15:49 PM
Rank: Member


Joined: 5/31/2009
Posts: 226
sellers will be treated as the car is circulated you who take loans with sold cars never go mteja they normally hope to take u in rounds until they sort the bank loan and get logbook but a guy mteja means he is not the owner if u are caught when the thief that is if god forbid if its the case but am hoping its not though all the trends points out to rental car
Njung'e
#19 Posted : Thursday, September 13, 2012 2:54:16 PM
Rank: Elder


Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
sizzla wrote:
Mr. Asiachi


Francis Asiachi??

@Premio,

Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly .....punguza mbangi!!
Nothing great was ever achieved without enthusiasm.
sizzla
#20 Posted : Thursday, September 13, 2012 3:37:07 PM
Rank: Member


Joined: 6/10/2006
Posts: 201
Location: Nairobi
Yep, dats the guy...
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