WHAT TO DO ABOUT A CHEATTING CAR YARD

Submitted: Friday, Jul 01, 2005 at 16:18
ThreadID: 24353 Views:3816 Replies:18 FollowUps:8
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We just bought a gu nissan for $40,000 we were promised it had service books with a full service history but they were on the way so we had it put in writting we would recieve them. Instead they gave us a new empty book. we have been told to take them to court but how do you put a price on them. has this happened to anyone else.
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Reply By: Skinny- Friday, Jul 01, 2005 at 16:56

Friday, Jul 01, 2005 at 16:56
Let me answer with a question and it is not about the last shower that came down.
Do you want them for resale or do you not trust that the vehicle has been maintained? Are you willing to walk away from the deal if you could or do you want compensation for the loss of not having logs.

Or do you just want to stick it too them because they are **&&^% 5% %67 889?

Reason I ask is it happened to me and I got out of the deal. It turned out to be a rebulit , maybe stolen car. How lucky was I

Skinny
AnswerID: 118430

Follow Up By: rudu - Sunday, Jul 03, 2005 at 11:10

Sunday, Jul 03, 2005 at 11:10
Skinny the deals been done, the fact is we were going to walk from the deal until the owner/dealer principal gave us his word the books were on there way. thats when we had it put in writting. We were told are trade in was of less value because it had no service history. I just dont like the way a nissan dealer can act like a cheap second hand yard and this spoilt brat thinks he can do this.
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Reply By: theshadows - Friday, Jul 01, 2005 at 16:56

Friday, Jul 01, 2005 at 16:56
you wont will in court unless you had the promise in writing.

buyer beware.

shadow
AnswerID: 118432

Follow Up By: Truckster (Vic) - Friday, Jul 01, 2005 at 19:54

Friday, Jul 01, 2005 at 19:54
we were promised it had service books with a full service history but they were on the way so we had it put in writting we would recieve them.
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Follow Up By: rudu - Sunday, Jul 03, 2005 at 11:12

Sunday, Jul 03, 2005 at 11:12
we also have it in writting in two seperate items.
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Reply By: Brian B (QLD) - Friday, Jul 01, 2005 at 17:07

Friday, Jul 01, 2005 at 17:07
Rudu,

Was it from a dedicated Nissan dealer or from someone who sells a variety of cars? If it was from a Nissan dealer you may be able to apply some pressure to Nissan Australia.

It may not give you 100% satisfaction but you never know.

Can't think of much else but I would look after the written document you have about the service books as it may help your cause.
AnswerID: 118435

Follow Up By: rudu - Sunday, Jul 03, 2005 at 11:16

Sunday, Jul 03, 2005 at 11:16
Brian

Ive called nissan but I had the impresion they dont realy care about the second hand cars.
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Reply By: Mainey (WA) - Friday, Jul 01, 2005 at 17:32

Friday, Jul 01, 2005 at 17:32
As stated higher up the thread, what do you want as an outcome?

Are you seeking to get out of the purchase?

if, YES

then if you have it in writing and it is stamped and signed by a company director or a person who actually does have the authority to make the statement -> "we promise it has service books with a full service history" then you take it to court.... First, talk with the head honcho of your local “motor vehicle dealers licensing organisation” in your state, often they can assist you indirectly as they police the car retail trade.

I import vehicles and I presently have a car dealer before the court, but I do the work myself.
AnswerID: 118438

Reply By: Gully - Friday, Jul 01, 2005 at 17:54

Friday, Jul 01, 2005 at 17:54
Rudu, if you are suspect of the vehicle now I would put this to the dealer in the first instance and seek a resolution there (take an independant witness with you, maybe a JP). If you have no joy on this take all documentation that you have and your independant to your state department of fair trading and also the MTA. Both take a dim view of unlicensed and or untrustworthy/unscroupulous dealers. One of the things that I hate in this world is having to deal with motor traders. You basically know that you are going to be screwed, its just a matter of trying to minimse the amount and damage.

Good luck.
AnswerID: 118441

Follow Up By: rudu - Sunday, Jul 03, 2005 at 11:44

Sunday, Jul 03, 2005 at 11:44
We seem to have all the proof to show the court they lied. Everyone has said to put a price on it and take them to court, but there is no price on books. The big point is why should people let them get away with it .
When you cover all the bases but they still can lie. The car yard is a member of the MTA they said to take them to court because they cant do much. The car seems to be fine but when we go to sell it people think the car hasnt been serviced. This was a major nissan dealer.
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Reply By: Member - iMusty (VIC) - Friday, Jul 01, 2005 at 18:00

Friday, Jul 01, 2005 at 18:00
Get Legal advice from a Lawer and Dental advice from a Dentist.

The average (average I said) bloke in the street would not know about the law as it applies to your particular situation.

All you will get from FREE advice from srtangers is what you paid for it. Nothing.

By the way it did happen to me in a round about way. I had my car serviced at a reputable Holden Dealer and they lost the books. I went kindof voodoo on them and they went around to every service dept. and had the books re-stamped. (They made copies I mean) The car had always been serviced at a Holden Dealership so it was not too hard just a bloody pain in the butt.

The original books turned up 3 months later in a police car that was serviced the same day as mine.

Good luck.

AnswerID: 118444

Reply By: Nudenut - Friday, Jul 01, 2005 at 18:01

Friday, Jul 01, 2005 at 18:01
you bought the car on the basis that the original service books were available?

then ask that the contract be terminated!
this will no doubt involve court action......
AnswerID: 118445

Reply By: Bonz (Vic) - Friday, Jul 01, 2005 at 18:21

Friday, Jul 01, 2005 at 18:21
Do you know where they live? If not then cut your losses and live with the car.
.
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.

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AnswerID: 118449

Reply By: Member - Andrew(WA) - Friday, Jul 01, 2005 at 18:31

Friday, Jul 01, 2005 at 18:31
Contact your states consumer affairs department...tell them the problem.

You will get good free advice then you will know where to go from there.
AnswerID: 118452

Reply By: Truckster (Vic) - Friday, Jul 01, 2005 at 20:06

Friday, Jul 01, 2005 at 20:06
So, what happened when you asked them about the books? They handed you NEW ones, you handed them back, and said where are the old books.. They then replied _____________________________________________________________?

If you get no satisfaction, try a brisk walk through the car yard with a few tins of Mr Muscle Oven Cleaner... Dont know if it still works, but it used to remove paint :D

Failing that, pump bottle of Brake fluid good dose onto each car, and 2 or 3 panels, so they have to match the paint...

Get a mate to test drive a few of their cars, and meet him round the corner, and 2-3 prawns in the air vents, push em right down with Kebab sticks.

Good luck
AnswerID: 118470

Follow Up By: D-Jack - Friday, Jul 01, 2005 at 20:44

Friday, Jul 01, 2005 at 20:44
... or water pistol with 100% acetone (don't hold it too long or it will eat through the plastic)
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Reply By: Michael ( Moss Vale NSW) - Friday, Jul 01, 2005 at 21:32

Friday, Jul 01, 2005 at 21:32
Stand out the front of their yard with a few friends telling all that enter that they are untrustworthy.. that i'll get them to do something... no business for a whole weekend.......
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AnswerID: 118489

Reply By: Member - DOZER- Friday, Jul 01, 2005 at 21:39

Friday, Jul 01, 2005 at 21:39
Rudu
I take it you have paid for the car in full....and you didnt have this contract cosigned....so its useless....
IF you are wanting something done about this, start making a noise.....demand your money back or 10k reimbursement because it has no history, therefore is worth less... if no joy...make a sign up and display it in your window...such in such sold me a lemon....park it outside the yard...
Picket their gate with banners stating they cant be trusted, ring up the local radio station, John Laws, Allen baby, whatever you can do to take custom from them...and eventually you will get your way.
Last but not least, take the car to a mechanic and have them go over the car noting every little problem to be fixed under warrenty....put oil around the shox, poke holes in the exhaust, anything....that may sway their hand
Andrew
AnswerID: 118492

Reply By: GaryInOz (Vic) - Friday, Jul 01, 2005 at 23:19

Friday, Jul 01, 2005 at 23:19
Go to the LMCT or Consumer Affairs association in your state with all the documentation you have. If you don't have a copy of the original purchase agreement with the conditions you requested on it you may not have much of a case though.
AnswerID: 118502

Reply By: Bob of KAOS - Saturday, Jul 02, 2005 at 12:15

Saturday, Jul 02, 2005 at 12:15
You could speak to the previous owner and ask them if was serviced etc. If they laugh then you should take legal action.
AnswerID: 118535

Reply By: ev700 - Saturday, Jul 02, 2005 at 13:25

Saturday, Jul 02, 2005 at 13:25
If you want the vehicle but are concerned about the service history, get someone independent and knowledgeable to fully inspect it and report. Have oil analyses done now and again over the warranty period.

In Qld you can go to REVS to check ownership.

I don't give you much chance of any resolution from government bodies, my experience is that they like to receive complaints to increase their workload statistics but are reluctant to do actually do anything.

Think hard before seeking legal opinion, lawyers adore clients with a sense of injustice.

EV700

AnswerID: 118541

Reply By: Member - Davoe (Widgiemooltha) - Saturday, Jul 02, 2005 at 16:13

Saturday, Jul 02, 2005 at 16:13
oh why oh why do grown men waste there hard earned at car yards do they not learn???????? I made that mistake the first car i bought and quickly learned not to deal with the bottom feeders and i havnt looked back keep your cash and buy privatly
AnswerID: 118556

Follow Up By: cokeaddict - Saturday, Jul 02, 2005 at 18:43

Saturday, Jul 02, 2005 at 18:43
I'm with Davoe......burnt once.....NEVER again.
Only difference with mine was......i caused so much trouble..they ended up buying it back off me for more than i payed.
Was long ago though, its nice to have a huge family with plenty of time to spare.
Ahhh i miss those days.
Ange
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Reply By: Member - Landie - Sunday, Jul 03, 2005 at 13:24

Sunday, Jul 03, 2005 at 13:24
Consult a lawyer versed in this type of issue. At least you won't die wondering what you can or can't do about it.

However, why did you hand over your money until you were completely satisfied with all apsects of the transaction (I'm not telling you to suck eggs, but iif it was critical to the transaction!). After all the logs books could have highlighted past problems and potentially given you some bargaining power on price. They would certainly have given you the past history.

Also, get Nissan Australia to check the serial number to ascertain if it was a vehicle imported by them, otherwise it might be a grey import.

You might want to check if it was written off by an insurance company - retrieved from the bottom of a creek or the like.............

AnswerID: 118626

Follow Up By: rudu - Monday, Jul 04, 2005 at 10:40

Monday, Jul 04, 2005 at 10:40
We sold the tradein privately and had no car.The wife is pregnent and we live awey from town so we were stuck. But that doesnt mean a car yard backed by nissan should get away with it.This was the dealer principles son that lied. The car seems fine.
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FollowupID: 373908

Reply By: Member - Davoe (Widgiemooltha) - Sunday, Jul 03, 2005 at 15:22

Sunday, Jul 03, 2005 at 15:22
contac your aa asociation (if a member) as they have a legal department and can give advice and even help I used this once with the RAA and got minor legal representation
AnswerID: 118636

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