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Old 11-04-2008, 05:21 PM   #1 (permalink)
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Default Fraud or not?

Hi Guys, I bought a HK Prem of Carsales .com.

Now I did not see it in the flesh but had many photos and videos of the car sent to me before I bought it. So where do I stand when his add state the following

1/ Its a 383
2/ 31 Spline axels
3/ No oil leaks.
4/ Nothing needs money spent


Now for the truth

1/ Its 327
2/ 28 spline axels
3/ Cracked gear box (oil leak)
4/ Tail shaft flogged out (hense the gear box cracked)

My main concern is that I have now invested another 10k in this car to bring it up to the specs it was advertised with.

Do I have a legal leg here not ?
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Old 11-04-2008, 05:28 PM   #2 (permalink)
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It sounds as if your off to court. Here in Victoria we have VCAT (Victorian Civil and Administrative Tribunal). They sort these sorts of issues out. But seeing how you are in different states, you may have to pursue this bloke in the court nearest to him.

There is hope, but you will have to weigh up the hassles as compared with the possible gain. Legal advice should be sought before you do anything.
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Old 11-04-2008, 07:27 PM   #3 (permalink)
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Did you ever get back in contact with the guy?
If so what sort of excuse did he have?
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Old 11-04-2008, 09:09 PM   #4 (permalink)
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Dont touch it.
Dont open the motor.
Dont drive it.
Do nothing. then seek legal representation.
(small claims tribunal i believe is claims under 5 or 10 thousand in the NT)

DOCUMENT EVERYTHING
Phone calls
Photographs
Web corespondents. and Screen dumps of the Advertisement.
Method of payment and receipts of financial transfer
Professional opinions or reports.
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Old 11-04-2008, 09:15 PM   #5 (permalink)
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All has been repaired or changed now. As for getting in touch with the guy, he wont return my calls which cements his guilt in my eyes but I did post on his youtube site and he replied to my message saying he knew nothing about the engine only being a 327, but I reckon he either got ripped off himself or he is a full on bull shit artist.

Might contact my solicitor and get his thoughts.
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Old 11-04-2008, 11:39 PM   #6 (permalink)
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Sounds like another case of "buyer beware". Im sure im probably the hundredth person to tell u this but, u should never buy something worth as much as a car without seeing it for yourself or having a trusted person look at it for u first. The fact that u have already worked on it to fix things would go against u in almost any court because u now cant prove how bad it was in its original state. If u do have proof then i think some kind of civil action might be the only thing u could do.
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Old 12-04-2008, 08:05 AM   #7 (permalink)
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True but the facts are, Even if I was standing in front of the car a 327 and a 383 look the same and you would never pull out a set of axels to make sure they are 31 spline and I am sure if I was coming to look at the car he would have made sure it wasnt leaking gearbox oil.

Generally speaking if had gone to look and check the car out I could have really only seen the condition of the car, sounds and looks which I did via the net. On the up side the paint body and interior are great it was the drive line that was crap and I dont think it would have changed my out come if I had seen it first hand, you have to have a degree of trust that what you are being told is some what true.

I am 44 now and I have had my share of hot cars (built and bought) but I have never been ripped off like this.
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Old 12-04-2008, 09:03 PM   #8 (permalink)
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You would need to prove that he had prior knowledge that the car was as you said it was. Proving this would be near impossible!
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Old 14-04-2008, 04:18 PM   #9 (permalink)
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I have a copy of the add he posted on Carsales.com. If he knew or not to me is not the question.

If you are not sure check it out I say. He had the engine built and has told me in the past that he has the receipt so he is full of crap.

I know my chances of getting any $$ out of this wanka are slim if not none but boy I would like to run into him after a few beers........:shoot
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Old 14-04-2008, 05:31 PM   #10 (permalink)
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Quote:
Originally Posted by NOZ350 View Post
I have a copy of the add he posted on Carsales.com. If he knew or not to me is not the question.

If you are not sure check it out I say. He had the engine built and has told me in the past that he has the receipt so he is full of crap.

I know my chances of getting any $$ out of this wanka are slim if not none but boy I would like to run into him after a few beers........:shoot
Give us a ring when you do cause I'd love to watch
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Old 14-04-2008, 05:45 PM   #11 (permalink)
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Quote:
Originally Posted by pro068 View Post
Give us a ring when you do cause I'd love to watch
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Old 14-04-2008, 06:01 PM   #12 (permalink)
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Im lead to believe that 2 broken hands, is quite humiliating for the next 8 weeks having to ask others to wipe their arse.
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Old 14-04-2008, 06:33 PM   #13 (permalink)
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Yeah thanks all, He is in SA and I am in QLD so he is safe at least till the Clipsal 500 next year.

You can be sure he will get a visit
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Old 14-04-2008, 06:55 PM   #14 (permalink)
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three words
"a current affair"

name and shame the low life
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Old 14-04-2008, 08:51 PM   #15 (permalink)
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They'd turn it back on you for being a thuggish hoon... wouldnt waste your time with ACA or TT! Theyve never done us any favours!!
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