Whilst I am happy to see as much pain as possible inflicted upon these miscreant charlatans, please remember that WBAC leased many of the properties it operated from. Although you feel you are taking your frustrations out on WBAC by damaging their premises, you are in fact hurting the livelihood of other innocent parties and perhaps putting yourself at risk of litigation.
“Not Happy” commented on my other WBAC article that windows had been smashed in the buildings on her premises. This person was the landlord of a property rented to WBAC and not affiliated with WBAC themselves. Hopefully her insurance will cover her losses, however if the liquidators have to pay for the damage it will mean less money will be available for those that have lost their cars.
Jason M posted on the Product Review site:
The liquidators Worrell’s advise:
“We understand that there are a number of people who have sold cars to the company and have not been paid. With the liquidation of the company, your claim will be a ‘unsecured debt’ in the company. Please note that regrettably you do not have the right to reclaim your car, only an entitlement to a dividend in the liquidation”
Vehicle owners arent legally able to retrieve their vehicles, although this hasnt stopped some people entering some dealerships and removing their vehicles on a tow truck. (As owners would have surrendered their keys upon “sale”.)
While by the letter of the law, this is illegal, I would assume the liquidator (who has no money due to the insolvency of the company) will be unable to commence any proceedings to get those vehicles back. While the liquidator would have the option of calling the police and reporting the vehicle stolen, it is unclear if the police would regard the matter a civil matter as well.
I’m not a lawyer so I don’t know what the legal ramifications are with repossessing your vehicle and I would certainly never advocate illegal behaviour. So if your car is sitting on a lot somewhere and you know where it is, think very very carefully about your next course of action. You may end up liable for prosecution.
Too many people have been hurt by the reckless, criminal activities of the people in charge of WBAC. Let’s not add to the list.
Positive steps you can take include:
Contact Worrells and register your claim. This is top priority for everyone owed money by WBAC.
If you are in NSW then the NSW Department of Fair Trading have said:
Customers owed money by Kar Land Pty Ltd, trading as Webuyanycars (licence number MD038189), or who have handed their car to the business and have not yet lodged a complaint should contact NSW Fair Trading on 133 220.
Consumer Affairs – Victoria, have also urged people to contact them on 1300 55 81 81. The released this statement the other day:
Kar Land Pty Ltd, which traded as WeBuyAnyCar and operated car yards in Dandenong and Altona, has gone into voluntary liquidation.
The company has appointed liquidators Rajendra Kumar Khatri and Morgan Lane of Worrells Solvency and Forensic Accountants.
If you have sold your car to WeBuyAnyCar and have yet to receive payment, contact the liquidator immediately on 07 3225 4300 to advise that you are a creditor of the company.
You can also consider making a claim on the Motor Car Trader Guarantee Fund. Customers who have not been paid for their cars are urged to contact Consumer Affairs Victoria on 1300 55 81 81.
For more information on the fund, including who is eligible to claim and what claims are covered, view our Compensation claims – motor cars section.
In a statement, the liquidator has advised that:
- your claim will be an ‘unsecured debt’ in the company
- customers do not have the right to reclaim their car, only an entitlement to a dividend in the liquidation
- creditors should note that WeBuyAnyCar has ceased trading and are advised not to deal with the company.
We have been contacted by more than 30 people regarding this company, and have issued a public warning to consumers not to trade with them. WeBuyAnyCar’s business model is based on obtaining cars from private customers but not paying for them until after the cars have been sold.
In many cases, customers have not been paid for their cars until many weeks afterwards – and sometimes not at all – despite being told they would be paid within 10 days of WeBuyAnyCar taking possession of the vehicle.
The company also operates in New South Wales and Queensland. Consumer Affairs Victoria is working closely with these jurisdictions.
The Creditor Watch website has indicated that there is a creditors meeting to be held on the 16th August (click the button that says View Document Images) . The Insolvency Appointments website confirms the meeting. If you are a creditor, you may want to attend.
The Intellectual Property register has listed several website addresses (trademarks) owned by Kar Land. Trademarkify has images of the proposed logos. Check it out and be aware that they may try and pop up as a ‘different’ business.
Libby Beaumont provided the following details on the Stuff Review website regarding a potential class action she was preparing against WBAC.
Libby Beaumont July 18, 2012 at 8:45 pm
I am in contact with many other people writing blogs and information on the internet about WBAC, I have also complained to ACCC and never had returned emails or phone calls from all at WBAC, if you would be happy to provide me with your details, I plan to colate them as I have a similar experience to you. If you would like to join forces and launch a Civil Class Action claim on webuyanycar.com.au I would be happy to hear from you directly on 0414585607 or firstname.lastname@example.org. Regards- Libby Beaumont
I corresponded with Libby over the weekend and she would be very happy to hear from you.
Good luck everyone. I truly hope we see a happy ending in all this.