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#141 finmix220

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Posted 12 October 2007 - 10:12 AM

Right lets just take it bit by bit shall we?

We don't advertise on that site and we did not increase the price of the car.

I have to say I thought you would have removed the Add on Loadzacars.ie before acussing me of being a liar but the car is STILL Listed on the site with a big sign saying 36One Motors behind it. But it must be a different 36One motors eh! Here is the link bellow in case you are having difficulty finding it.
So BING!!! (LIE NUMBER 1).
http://www.loadzacar.../details/933971
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We did however sell the car to a mature adult who saw the car for what it was, got it independently checked out, and was happy to make a sensible offer which we accepted. He is very happy with the car since, as I was for over a year.

You mean some poor sod paid over the odds for the car, I’d be curious to know what he paid but as you say there are not many of these cars around so I’m sure I’ll meet him at some point.

I sold the car at a considerable loss but had my fun (even dealers lose on cars). I did not buy the car in to make a profit as it replaced another fun car I owned. I took the car in as a trade in (part ex) on UK plates and it was obvious the car had had paint work (not particularly well done). I am a car enthusiast as well as a dealer and deciced to hold onto it for some fun. As an owner of the car I did some digging to try and find out to what extent it had been damaged. I learned it was Cat D (of no major relevance here in Ireland) but took it on the chin and learned the damage had mostly been cosmetic. I was happy with that as the car drove really well and seemed mechanically fine.

This is my favourite bit I have to say! You say that after some digging around you learned that it was a Cat D and that it was obvious some paint work had been done. Odd because when I rang you and informed you that it was a Cat D Insurance Write Off, you seemed to know nothing about it and told me that could mean anything like that the car had been stolen and recovered after it had been written off (LIE NUMBER 2)
- A Category D Insurance Write Off is Completely Different to a Theft Write Off. You told me nothing of paint work done on the car, which would most likely be linked to the Write Off status. If you had all this information, why did you not acknowledge this when I spoke to you about it or did you not know considering you already had the car up for sale for over six months at that stage, plus however long you were using it privately before that?

An explanation of the categories of write-off are listed below:

Category A
A vehicle which should have been totally crushed, including all its spare parts.

Category B
A vehicle from which spare parts may be salvaged, but the bodyshell should have been crushed and the car should never return to the road.

Category C
An extensively damaged vehicle which the insurer has decided not to repair, but which could be repaired and returned to the road.

Category D
A damaged vehicle which the insurer has decided not to repair, but which could be repaired and returned to the road.

Category F
A vehicle damaged by fire, which the insurer has decided not to repair.

Theft
These vehicles have not been recovered and ownership rests with the insurer who made the total loss payment. They are able to repossess the car as soon as it is identified, even if it has been bought innocently.

Looking for a change I put the car up for sale, didn't respray the car nor cover the obvious fact it had been repaired. I in fact insisted that anyone genuine looking at the car had it checked out, which I would pay for if they went ahead and bought the car - can't be fairer?

My God, again if it was so obvious, why did you know nothing about it when I was talking to you? You say that you insisted that at anyone genuine looking at the car, had it checked out (LIE NUMBER 3). This is not the case either. Going on my original assumption that the car was Damaged, I asked you for Documentation relating to the Cars Roadworthiness status. If the car was put back on the road in the UK, the car should have some documentation, anything, relating to the repair work that was done to it to get it back on the road. When I asked you for this information you said you didn’t have it! You asked me what I wanted and I said a check to make sure the car was Road Worthy. It was then you offered to pay for the Check if I bought the car.


As a seller (private or dealer) of a sports car you meet them all! Guys with no money looking for a spin, guys with money but looking for a pristine car (which mine was not) and guys that are 'DEFFO going to buy one', not yours of course because yours is overpriced, or has been crashed, painted, farted in, on a track, driven hard, on English plates, can be got in UK for half the price and on and on. These guys want a perfect car (preferably never driven! and are insulted when its not perfect and feel the need to tell the world) but can't afford one, want top money for their own balls of shite trade ins and need to tell everyone your'e an asshole cause you won't suffer fools. These are the nastiest kind.


Ok this one will take me a while!
“Guys with no money looking for a spin” – Not Me!

“Guys with money but looking for a pristine car (which mine was not)” – So why didn’t you tell me this in the first place when I asked?

“Guys that are 'DEFFO going to buy one', not yours of course because yours is overpriced, or has been crashed, painted, farted in, on a track, driven hard, on English plates, can be got in UK for half the price” – Yup that sounds about right, as it was crashed and especially the bit about it being got in the UK for half the Price when the EXACT car you bought & sold was purchased a year earlier in the UK for £8,700 (€12,500) – Again the ol small community thing there  So Anyway, even with VRT of €5K that only brings the price to €17,500 and when your final asking price was €36,950 (See Lie No 1), yes indeed the car was got in the UK for less then half the Price.

“These guys want a perfect car (preferably never driven! and are insulted when its not perfect and feel the need to tell the world)” – This is where you are most wrong, you wasted a load of my time and I simply wanted to save other the same hassle and especially since you were not going to volunteer any information about it’s history.

“but can't afford one, want top money for their own balls of shite trade ins and need to tell everyone your'e an asshole cause you won't suffer fools. These are the nastiest kind.” – Can’t Afford One? I bought one you Muppet! In great condition full history and am... NOT CRASHED for way less then your heap! And, it’s funny that you consider my trade in as a heap when you were willing to offer me way over its market value to move the VX, I wonder why?

Some even slander your business and publicly claim you are dealing in crashed repaired cars for a living. Nasty. Its a pity because dealers like myself that do import some clean cars from the UK would import more specialized cars if it wasn't for these nasty time wasters.

Firstly, I did not claim you were dealing in crash repaired cars I merely proposed it as a possibility but you are correct in that, that was not fair and I apologies. As for the other part of this comment I was not a “time waster”. I had the cash and if you had the documentation to back you the Crash Repair work, I may well have bought the car (at least when it was advertised at €24K).

Ireland is a small place with very few VX's, all the dealers know each other, and any sellers will be warned of nasty 'Deffo going to buy one' types going around. 36One Motors, Dublin, Ireland.

I spoke to several other Dealers selling the same and similar cars and none of them had ever head of you. Additionally, one dealer who is a good friend of mine but does not trade in sports cars (and I don’t believe you do either because you had a small collection and nothing came even close to the VX, they were all family saloons and hatchbacks), advised me to walk away, which I did!

PS You should read mister nasty's blog on speedster.ie - these super car experts (his friend is also a 'Deffo')can even detect scratchs on the bonnet of a car without driving it! Amazing skill. They keep us laughing.

I have to hold my hands up and say “YES” you are correct my Deffo friend did not by a VX220 or a Speedster “He bought a Lotus Instead”. Now as fore you comment about “can even detect scratchs on the bonnet of a car without driving it!” what kind of a stupid comment is that. We went to look at the car and weren’t able to drive it. So we reported on the visual aspects of the car, what is funny about that?

Finally, I don’t recall you were laughing when I told you that your car was sold in the UK, the previous year for €12,500 and you told me that wasn’t what you paid for it. Yes I seem to remember you get more irritated than amused?

So in conclusion, let me just say this, I looked at your car as a genuine buyer but the history was not there and I felt you were being disingenuous from the start and so after all my research and time spent, I walked away. I simply wanted to save others the time I wasted. It obviously worked as the only way you found this thread is because a prospective buyer told you about it and I can only wonder if the effort you went to, in writing your big long post, is because you had to take a big loss on the car as a result of my postings.

I hope that clarifies the mistruths you have written about me!
Good day.

#142 Pete0810

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Posted 12 October 2007 - 10:57 AM

I've gotta reaffirm Jim Mitch's point earlier. Under the Sales of Goods and the Supply of Goods and Services (I think that's what the latter is called) Acts, if the good or service is misrepresented or different to that stated any entered contract is null and void and the buyer is in the position of power, if there is one. Yes, an Ebay sale is legally binding but I am confident that somewhere in their small print and terms that buyers and sellers should agree to when signing up to Ebay there'll be a point that the seller is obliged to act in good faith and not misrepresent the product. (And, yes, I know the argument that they don't have to tell you everything about an item unless you ask etc etc but that's not always the case). The problem here is that you do not know whether there is any misrepresentation occuring, despite suspecting so. I suppose it's the problem with buying something in this manner and not viewing the product before buying it.

Jim Mitch Mar 16 2006, 18:14 Post #51
There are all sorts of ways an otherwise binding contract can be voidable as a result of misrepresentation by the seller. If, for example, the inspection reveals that he actively misrepresented the condition of the car, then the contract might be voidable (but it's up to you to demonstrate the misrep).

Also, if it is a term of the contract that the car is in a certain condition or is has a certain feature, then it would be a breach of contract between you if he sold you a car that did not conform to those terms. Breach of contract might or might not let you out of the contract but you could claim damages if it doesnt.

If he merely stayed quiet about defects, then you may not be able to get our of it. General rule is that it is for you to show misrep or breach if you want to get out of it. Up to him to come after you to enforce the contract though...

Warning: usual lawyer's disclaimer that all of the above is on general principles and shouldnt be acted on without taking detailed advice on the situation in question.



Um...also...no one has mentioned the name Imran yet!! :P

#143 ikarl

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Posted 12 October 2007 - 11:17 AM

finmix220 excellent reply thumbsup

#144 darragh 361

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Posted 16 October 2007 - 12:02 PM

Please see two e mails sent to us last Friday confirming we do not advertise with CBG nor Loadzacars:- From: Sue Egan <sue@cbg.ie> To: <36one@eircom.net> Cc: Brian Kennedy <bkennedy@independent-digital.com> Subject: Re: Listing of Opel Speedster convertible on LoadzaCars website Date: Fri, 12 Oct 2007 17:55:21 +0100 Content-Type: multipart/alternative -------------------------------------------------------------------------------- Re: Listing of Opel Speedster convertible on LoadzaCars website Dear Colm May I sincerely apologise that there has been incorrect information on Car Buyers and in turn LodzaCars, from your dealership. I have removed all stock under your account reference with immediate effect. I can see your account has previously been active with us where you maintained you stock on our Stock Maintenance system 'Dashboard' however, on investigation I have found that your stock should not be active online at this time. It would appear that there has been a glitch in our system deactivating your account status. It is imperative to us to reflect accurate information for our browsers at all times and to ensure the integrity of information supplied to our syndicated partners, and displayed on behalf of our advertisers. Let me assure you I take this matter extremely seriously and have escalated it to our IT Manager who has assured me it is an isolated incident. Again I would like to apologise for any inconvenience caused by this error, and I would like to offer you advertising online with Car Buyers Guide and our syndicated partners for a month free of charge, in lieu of this. Should you wish to avail of this offer, please just let me know and I can set you up on Dashboard immediately. If you would like discuss this matter further, please do not hesitate to contact me directly on 01-2405546 or at this email address. Kind regards Sue Sue Egan Operations Manager Page7Media From: "Brian Kennedy" <bkennedy@independent-digital.com> To: <36one@eircom.net> Cc: <sue@cbg.ie> Subject: Listing of Opel Speedster convertible on LoadzaCars website Date: Fri, 12 Oct 2007 16:07:42 +0100 Content-Type: text/plain -------------------------------------------------------------------------------- Colm, In relation to your issue concerning the listing of the Opel Speedster convertible on the LoadzaCars website; as discussed, LoadzaCars sources its used car content directly from Car Buyers Guide. As such we are dependent upon CBG to provide us with accurate and up-to-date information. I therefore contacted CBG immediately following our conversation and informed them of your issue. They assured me that they will remove that particular advert immediately from the CBG site (which in turn will automatically remove it from Loadzacars) and will get in touch with you directly in relation to any ongoing issues in relation to your cars appearing on their site. I trust that this resolves this problem for you. Regards, Brian. ___________________________________ Brian Kennedy. Independent Digital 27-32 Talbot Street Dublin 1 Ireland Further clarification and fact regarding your wild and unfounded accusations.

#145 finmix220

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Posted 16 October 2007 - 06:41 PM

I can see your account has previously been active with us where you maintained you stock on our Stock Maintenance system 'Dashboard' however, on investigation I have found that your stock should not be active online at this time. It would appear that there has been a glitch in our system deactivating your account status.


I accept that you did not advertise directly with loadzacars.ie if what these emails say is true but the lady from CGB (Car Buyers Guide) said you had an active account with them at some point. Therefore I take it from this, that you had the car advertised with CBG for the increased price of €36,950. Where you advertised it seems irrelevant to me. The above quote does not mention anthing about about a glitch with the details of the car (i.e Price) but simply says the advertisement should no longer be active.

And... Even if you originally advertised the car with CBG for €37K, before I saw it on CarZone.ie for €24K, then that would fly in the face of the fact that you stated "you did not buy the car in to make a profit". I think anyone would have a hard time believing that someone selling a car at €36,950 when it was bought a year earlier for (inc VRT @ €17,500), is not trying to make a profit.

Further clarification and fact regarding your wild and unfounded accusations.


This may be a Slight Clarification of an irrelivant part of one fact but
it certainly does not detract from any of the many other well founded truths I have written about.

#146 finmix220

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Posted 17 October 2007 - 10:18 AM

Can we just let this go now... Look, I'm not Mr Nasty and you're not a big bad garage out to screw everyone ok? Your a garage owner just out to make a profit, nothing wrong with that! I'm a customer, out to get the best deal he can, nothing wrong with that! Lets just say we both got our wires crossed, you thought I was a time waster and I thought you were misleading me about the car. I really have better things to be doing with my time but I will defend my good name, as of course will you, so why don't we just call it quits, and close the book on this thing eh?

#147 darragh 361

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Posted 18 October 2007 - 11:33 AM

Can we just let this go now...

Look, I'm not Mr Nasty and you're not a big bad garage out to screw everyone ok?
Your a garage owner just out to make a profit, nothing wrong with that!
I'm a customer, out to get the best deal he can, nothing wrong with that!

Lets just say we both got our wires crossed, you thought I was a time waster and I thought you were misleading me about the car. I really have better things to be doing with my time but I will defend my good name, as of course will you, so why don't we just call it quits, and close the book on this thing eh?



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