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What Should I Do?

nathn_r33

By nathn_r33,
in General Automotive Discussion

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scathing Grand Master

scathing

Posted
Posted

You can't. It then becomes your word against theres, just like if you hadn't taken notes.

But, if you do have notes, then your word becomes a lot more consistent and you'll have a lot more detail since your memory isn't warped by time's ravages.

And since the legal profession is such an old fashioned institution with a love of paperwork, they still have great respect for people who take notes of everything. The defense lawyer may still try and attack it, but its better to have more evidence than less.

In some cases those notes can be tendered as evidence. If not, then there's no harm in having them. If they don't accept it, then you've lost a couple of skin cells holding a pen, some ink and some paper.

If they do accept it, and the retailer doesn't have notes and his testimony keeps changing (either because he's a lying sack of shyte or because he can't recall exactly what he said 9 months ago) then you're more likely to go home with a car.

Every time I've read up about what to do in an accident (either on official literature, literature provided by an insurance company, or by my novated leasing company) they've said that after exchanging details try and make some notes of what happened as soon as possible (it could be that night or the next day, but while its fresh in your mind). If the other party contests it, then your notes may help you in court.

I doubt they'd all be telling us to make notes if it didn't have some weight.

nathn_r33 Collaborator

nathn_r33

Posted
  • Author
Posted (edited)

Thanks heaps for all your help keep it coming. Every time i have had any contact with the car yard in mention i have kept a copy of there response and mine plus i have all the tax invoices and other paper work that i got when i got the car. It would be much better if this could be fixed up out of court but what can i do if it gets that far i so be it.

Edited by nathn_r33
Links Veteran

Links

Posted
Posted

Have you already paid for the car?

Was there any clause in the bill of sale regarding what type of car it was that they were selling you and which VIN. If so than you have a legal standing..

The best outcome is you take them to court and get them to pay for court fees + get your money back.

Have you paid with bank cheque? because you could ring up the bank and try and withdraw the cheque.. You could also contact the police and see if they have any suggestions.. doesn't hurt.

Good luck with it all..

Be careful of lawyers though - they charge a large amount of money - and it doesn't neccessarily resolve everything - be prepared to possibly lose and have to foot the bill..

nathn_r33 Collaborator

nathn_r33

Posted
  • Author
Posted
Have you already paid for the car?

Was there any clause in the bill of sale regarding what type of car it was that they were selling you and which VIN. If so than you have a legal standing..

The best outcome is you take them to court and get them to pay for court fees + get your money back.

Have you paid with bank cheque? because you could ring up the bank and try and withdraw the cheque.. You could also contact the police and see if they have any suggestions.. doesn't hurt.

Good luck with it all..

Be careful of lawyers though - they charge a large amount of money - and it doesn't neccessarily resolve everything - be prepared to possibly lose and have to foot the bill..

Yeah paid for the car

Was there any clause in the bill of sale regarding what type of car it was

Tax invoice for the car has it down as a gts-t so that all i need.

Ronin 09 Grand Master

Ronin 09

Posted
Posted
better yet, when you ring them, before anything is said, tell them who you are, why you're calling, and that the call is being recorded. i dont think its illegal as long as the other party knows about it

1. DO NOT RING THEM!!

2. speak to anyone of your friends / family friends who are practising lawyers. Get their advice - not some random people on forums who have opinions - not legal standing.

3. only have correspondence in writing, be it email or snail mail. I'm pretty sure (now check with a law-type) that email is admissable in court.

4. telephone conversations will not be admissable - it is your word against theirs in terms of factual content, and the court will throw it out anyway. Forget about recording conversations - you may (and often likely) say things which you don't want to and guess what - you can't take it back... that's why always in writing. In writing you have time to review your letter, remove anything that is emotionally charged (ie. you won't say anything in the heat of the moment) and will, if submitted before courts seem much more level headed and professional.

5. I have read here on the forums (there is a thread about V-spec NURs), but cannot substantiate, that FAST is NOT always correct. Best get someone who knows the cars to confirm that this was originally a GTS - look for something that is specifically GTS, not performance related, and check if it is the same on your car. That's your best bet.

6. I cannot reiterate enough - no offence to anyone out there - but there are many many misguided people with little more than opinions on this forum who know very little about alot. If you want to be serious and professional and get the best result, consult REAL experts, not a forum. Problem is you don't know who is full of shit and who isn't.

Hope that is of some help.

Regards

nathn_r33 Collaborator

nathn_r33

Posted
  • Author
Posted
1. DO NOT RING THEM!!

2. speak to anyone of your friends / family friends who are practising lawyers.  Get their advice - not some random people on forums who have opinions - not legal standing.

3. only have correspondence in writing, be it email or snail mail.  I'm pretty sure (now check with a law-type) that email is admissable in court.

4. telephone conversations will not be admissable - it is your word against theirs in terms of factual content, and the court will throw it out anyway.  Forget about recording conversations - you may (and often likely) say things which you don't want to and guess what - you can't take it back... that's why always in writing.  In writing you have time to review your letter, remove anything that is emotionally charged (ie. you won't say anything in the heat of the moment) and will, if submitted before courts seem much more level headed and professional.

5. I have read here on the forums (there is a thread about V-spec NURs), but cannot substantiate, that FAST is NOT always correct.  Best get someone who knows the cars to confirm that this was originally a GTS - look for something that is specifically GTS, not performance related, and check if it is the same on your car. That's your best bet.

6. I cannot reiterate enough - no offence to anyone out there - but there are many many misguided people with little more than opinions on this forum who know very little about alot.  If you want to be serious and professional and get the best result, consult REAL experts, not a forum.  Problem is you don't know who is full of shit and who isn't.

Hope that is of some help.

Regards

Thanks for that

I have been to see my lawyer i think some of what he said is on the first page. i just wanted everyone to talk about this sort of stuff as i dont think i have ever see anything like this in SAU. some advice is good some not so but hey it is an open forum for every one to have there say. keep it coming

Vuster Collaborator

Vuster

Posted
Posted

Of course there are a lot of people full of crap on this forum and advice should not end here. However it's nice to know that there are guys supporting him in this difficult time on the forum. Gives people a bit of peace of mind discussing these things.

GTRgeoff Grand Master

GTRgeoff

Posted
Posted

A couple of points from someone who controlled over 30 mill in contracts for the defence force.

What Vuster and Ronin 09 say is true. Their advice is good.

Email is a legally binding form of correspondence however you must include response dates and catch notes such as 'if you fail to respond by Xx date it will be accepted that you are liable for the following costs...' and they will respond rapidly.

Listen to your lawyer and make him demand his costs from them

Good luck mate

Geoff

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