Wow! Just read the whole thread. Man there is some dickwackers about!
family.first,
Jan 18, 9:21am
Be careful he doesnt plead poverty or "just had a new born - we are struggling etc".years ago I went in to get my $ back and car off a Transpro (vehicle transporter) - we laid the claim, he counter claimed thousands for storage etc and the stupid lady gave it all to his favor - cos he pleaded he had a new born and they were struggling and "I" was a nuisance and abussive blah blah .he fully lied and I just sat their gobsmacked.couldnt do much but show what I had. She didnt seem to care. And now I hear he has run to Aus with his family cos he had a whole GROUP of people sueing him (so he jumped to Auz).
elect70,
Jan 18, 11:04am
^^^ I hadsimilar with abloke who owed me moneyon a jobclaimedoverchargedfor what was done , He brought hiskids tohearingdressed in rags& he worejeans with holes in the knees &sneakers withsolesheld on by rubber bands &pleaded poverty. The dumbfemale adudicator fell for it& said the poormandidnt have to pay,he had a big smirk on his face as we left.lucky he didnt getafist in his face . Probably had the merc parked around the corner
dolsen,
Jan 18, 12:53pm
Does anyone know if this messageboard has a watch topic link! I don't want to miss out on future instalments of this saga.
pebbles61,
Jan 18, 6:05pm
It could do if it's looked after, but that might be a bit much to ask from some derps out there lol.
r-mvz,
Jan 18, 8:59pm
I go to DT about 50 times a year for the company I work for: A few pointers for you.
* Lawyers cannot act for a client or be "lawyers" at DT ( although some applicants seem to have watched one too many episodes of Boston Legal!) * Items sold by auction are not subject to the same laws as other "retailed" sales. * In my opinion the adjudicators at DT are very fair and reasonable. * Don't argue with the Adjudicator, when they ask you questions you may think have obvious answers, they are just confirming facts. * Don't get angry or defensive. Just state what you think is fair and reasonable. * Don't interupt the applicant, make notes and refer to them when it's your time to speak, that is the time to address any points he has raised that you disagree with.he isn't allowed to interupt you. * ask the adjudicator which statutes ( laws) they believe apply, do it politely. * lay out your case. ie: It was sold with a current warrant, had a previous AA check, plenty of opportunity for pre purchase checks, you have hadXXX number of successful trades on trade-me in the past, mainly for household items * point out the age of the car., bring photos if you have them. * you acted in good faith. * he needs to PROVE on the balance of probability ( not beyond doubt) that you knew it had the issues and sold it with that knowledge, * you only need to prove on the balance of probability, that you acted in good faith, allowed the opportunity to inspect etc * the adjudicator will ask if there is a settlement that can be reached.I'd decline saying that in your opinion you have acted in good faith and done nothing wrong.
Best of luck, I'd say you have a VERY good chance of winning.
nzkiwi69,
Nov 19, 12:13pm
Does anyone know the legal position of my car sale problem!
I sold a 1968 MG for 9k about 9 months ago. I sold it in "good condition" for its age. The new owner has emailed me to say that it has failed a warrant at VTNZ and that the previous warrant should not have been given.
Apparently there has been some rust in a cross member that is deemed to be structural.
He is going to have a go at the mechanic who issued the warrant for me but also wants me to repay him for the car.
When he bought the car it was sight unseen and I sold it using the classified section of trademe. No prepurchase inspection was obtained and I arranged for it to be trucked to his location.
When I bought the car about 1 year earlier , sight unseen, I obtained an inspection through the AA who did not find or mention any structural rust issues otherwise I would not have bought it myself.
I believed the car to be in good condition when I sold it but through his rather legalese letter that he has sent me apparently that makes no difference as the car has not lived up to the advertisement.
Any ideas!
jmma,
Nov 19, 12:15pm
9 Months, tell him to have sex and travel (o:
shaun16,
Nov 19, 12:17pm
geez this seems to be happening all the time lately. he should have checked it out when he bought. basically tough shit for him i would say. especially 9 months on
floscey,
Nov 19, 12:19pm
9 days or 9 weeks maybe . 9 months later no way.
bellky,
Nov 19, 12:23pm
Hate to agree o):
kcf,
Nov 19, 12:39pm
also with something like a 60's MG, you'd be taking a massive risk buying without an expert prior inspection.Lets face it, they're legend for tinworm.
curlcrown,
Nov 19, 12:50pm
1968 MG thats all we need to know. The car is old repairs are to beexpected.
bitsy_boffin,
Nov 19, 12:51pm
The total amount is less than $15k, so just politely tell him that you do not believe you are liable but will be happy to attend a disputes tribunal hearing if he so chooses to lodge one.
Can't be fairer than that.
nzkiwi69,
Nov 19, 1:00pm
Thanks for your replies and at heart I agree but he is telling me that the courts these days no longer imbue (his words) any weight on caveat emptor or caveat venditor ( never heard of it)
He is not a lawyer as I checked on the law society but he sounds very convincing in his argument.
I have ceased comms with him but wonder would a tribunal even look at his argument or would he be told to go away.
I don't have much faith in our legal system these days. There are some out of touch Judges ( only my opinion)
I sympathise with this chaps situation and I wonder will the Law support him or me if it was to get that far.
doomy999,
Nov 19, 1:05pm
They are very cheeky asking. I guess they are trying it on to see if you are silly enough to listen.Normally i always try to be very polite but under circumstances like this where the buy is just been very arrogant I would have to agree entirely with this jmma at post 2
doomy999,
Nov 19, 1:07pm
they dont have a leg to stand on.
ksam,
Nov 19, 1:11pm
It's a wonder he isn't taking the manufacturer to court, why let a few years get in the way, probably thought he'd have more chance with you, he sounds like a tosser who knows how to write a good letter, I wouldn't be losing any sleep over it.
kazbanz,
Nov 19, 1:14pm
OP The buyer is trying it on. Plain and simple.
kazbanz,
Nov 19, 1:14pm
OP The buyer is trying it on. Plain and simple. The car had a less than 28 day old wof on sale I would assume. Your description was accurate to the best of your knowledge based on AA report from 12 months before,your own experience and an expert safety inspection. (wof check). Caviate emptor DOES apply and he's trying to get you to accept his version of the truth. You took all reasonable steps to ensure the car was accurately described and you would have welcolmed any inspection. Sex n travel baby sex n travel. Incidently I phrased my reply so you can copy n paste it back to the buyer.
nzkiwi69,
Nov 19, 1:18pm
Would love to be able to attach his letter for you to read.
snoopy221,
Nov 19, 1:22pm
With All Due Respect his wording and implications negate to nothing. Unless you as a seller issued the warrant of fitness. After all any *hidden defects* that have come to light . WITH a warrant of fitness check AFTER 9months. Were Beyond Doubt -by the timeframe- Not Reasonably expected to be observed by the seller. He would only have a case if he could prove you as a seller were fully aware of said defects. He may have a case against the warrant of fitness issuer. We are missing a few vitals here though. I.E. the expiry date of the warrant of fitness. And the date of the check when the rust was noted. Beyond Any Doubt it wasn't a 9 month warrant.
chebry,
Nov 19, 1:24pm
9 months ye gods thats a bit rich and for model of car known for rust Tell him tp take a long walk on a short pier
nzkiwi69,
Nov 19, 1:39pm
The warrant was issued about a week or so before sale. The next warrant through VTNZ about a week ago.fail
Unwarranted for a couple of months.
darryl,
Nov 19, 1:51pm
It took him a couple of months to change the chassis from his rusty old MG, into your MG, and then claim yours was rusty.
LoL
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