theft threat, need advice

[xshore]

2 days ago i bought a 2000 vt ss and traded in my AU1 forte falcon. They gave me a trade in value when I had my mp3 player in my falcon. when I went to swap cars I had removed it and put in the old one with buttons and all held together by bluetac (as it came out in pieces original). After I have drived away they ring me up and accuse me of theft from a car and the GM got back to today saying his solicitors reckon they can charge me.

I signed lots of papers in there agreeing that I take the car as is and I think they take the car as is, and also if I left anything in the car it was now property of theres.

I said I would take the mp3 player in 2moz morning, anyone got ideas ?

[VooDoo]

Did you tell them you were removing it?

If not then they are correct and own the MP3 player as well. Their value on the car included it.

I had a similar issue when i sold the VQ Stato. I told them i would put the original wheels back on and keep the grange wheels. They were told the originals were the same as the spare. 2 hrs after id picked my car up they ring asking where the HSV wheels were. They had valued the VQ as a HSV i5000 becuase it had the badges on it and then expected the HSV wheels. I never said it was a HSV nor that the original wheels were HSV. They said "eerr then we ****ed up and gave you 2k too much, our fault for not checking... you won this time"

haha

[xshore]

I didn't tell them, but my argument is I never said it was part of the deal ? I have a water thin argument I think. plus I really did get a good deal but my gf wants the mp3 player A LOT.

[jed55]

Did you make it clear when they were assessing your trade that the sound system would be removed and the original put back in?

If you didn't, then they have the right to it.

If you did, then they don't.

Was the mp3 specifically mentioned in the paperwork?

Overall the legal costs to fight it would be higher than the mp3 is worth so would be pointless from a financial viewpoint.

It would probably be best to chalk it up to experience and make sure that in the future make sure that any accessories you intend to remove from the trade in are clearly spelt out, preferably in writing.

Hope it works out for you.

Cheers.

[markone2]

but my gf wants the mp3 player A LOT.

At a guess so does one car salesman ;) .personally I would ingnore the threats
as a bluff...however this course of action may sour any future dealings you may have .......I originally said warranty but note you purchased the vehicle as-is...in this instance you are morally in the wrong but I would call there bluff if you really think you need to keep the mp3...it would be viewed as too much hassle all round to recover from you...especially if you no longer had it

[Blown Monaro]

They need it it cause its worth more than the AU :lol:
Well done on the SS.

[xshore]

I just remembered, he said he would charge me for the cost of it.

[cosmo vyss]

it would cost him more then whats its worth to fight you legally to get it back. It also would be his word against yours. if you keep it kiss your warranty goodbye as i would not be leaving my car there for work. He can't charge you because it was your car until you handed it over to him. its your choice. many will have diferent views on this mine is simple.

if he gave you a good deal and you didn't tell him you were going to remove it prior to your car valuation. Give it back.

If not so good deal and you won't have to deal with him again- screw him
jb

[seldo]

He's right and you are wrong. They probably wouldn't bother to sue, but dealers get sick of being ripped off in this fashion. Where do you draw the line? Did you also swap the good tyres from it and put baldies on, and swap the stuffed battery from the g/f's car, and pinch the jack and tools and spare??? What if he failed to supply the mp3 that might have been in the new car, or pulled out the air-cond? Would you blue? You will probably get away with it but morally you are dead wrong..

[team illucid]

I signed lots of papers in there agreeing that I take the car as is and I think they take the car as is, and also if I left anything in the car it was now property of theres.

I said I would take the mp3 player in 2moz morning, anyone got ideas ?

Here is a good lesson - dont sign if you dont know - if you dont understand get someone else to read it for you ...

- And I would never leave your car there ever again - you are asking for trouble :)

[C4B]

He's right and you are wrong. They probably wouldn't bother to sue, but dealers get sick of being ripped off in this fashion. Where do you draw the line? Did you also swap the good tyres from it and put baldies on, and swap the stuffed battery from the g/f's car, and pinch the jack and tools and spare??? What if he failed to supply the mp3 that might have been in the new car, or pulled out the air-cond? Would you blue? You will probably get away with it but morally you are dead wrong..

The dealers wouldn't get ripped off in this fashion if they inspected the traded in vehicles before they finalize the deal.

If you looked at a vehicle, decided to purchase it, and at handover didn't check to make sure it had everything in/on it (especially something obvious like a stereo), everyone would say it's your own fault for not checking.

You've done the wrong thing, but you wouldn't have got away with it if they weren't so slack......

[seldo]

The dealers wouldn't get ripped off in this fashion if they inspected the traded in vehicles before they finalize the deal.

If you looked at a vehicle, decided to purchase it, and at handover didn't check to make sure it had everything in/on it (especially something obvious like a stereo), everyone would say it's your own fault for not checking.

You've done the wrong thing, but you wouldn't have got away with it if they weren't so slack......
You are correct of course in that they should have checked. But, it's also a bit of an indictment on society that they should have to do that. And an insult to most honest people who don't do that sort of thing..."just excuse me for a moment - before you go I just need to check that you haven't stolen anything from your trade-in". Great PR...leaves a really good impression...

[ROGUE]

tell em to get stuffed.

but don't bother doing any business with them in the future.

if the mp3 player isn't documented anywhere, they've got nothing to stand on.

[seldo]

tell em to get stuffed.

but don't bother doing any business with them in the future.

if the mp3 player isn't documented anywhere, they've got nothing to stand on.
I guess your signature says it all.. "Rogue:Somebody who is unscrupulous..."

[chops]

if the mp3 player isn't documented anywhere, they've got nothing to stand on.

Actually, you are wrong.
If the mp3 player isn't documented anywhere, then HE is the one without anything to stand on.

The vehicle was valued on an "as inspected" basis, and any variation from that is a misrepresentation of the vehicle, which could technically be used to void the contract of sale, and in extreme circumstances be the basis for further charges (which it sounds like they are threatening).

[Mongy]

Oh dear, we don't get what we pay for from a dealer and we squeal, we don't give a dealer what he has paid for and when he complains we still squeal. There is something very wrong with what has happened here. I think the worst casualty in this is honesty. :bash:

[spaceman347]

You can get a decent car MP3 player for around the $500 mark. You've just forked out, what $20k'ish for the new car. I guess you have to ask yourself whether you're happy with the cost / benefit of a second hand MP3 player (you didn't specifiy how new it was, but it's technically second hand) against the bad karma that you will attract to your life based on this.

[fester1]

You can get a decent car MP3 player for around the $500 mark. You've just forked out, what $20k'ish for the new car. I guess you have to ask yourself whether you're happy with the cost / benefit of a second hand MP3 player (you didn't specifiy how new it was, but it's technically second hand) against the bad karma that you will attract to your life based on this.

Look's like everyone's in agreement here. The dealer has the moral and (probably) legal right to the MP3. Most of us also agree that to try and rip-off the dealer would be pretty poor form.

The ball's in your court. Basic test of character I suppose. Let us know how you get on. :D

[xshore]

if I could get away with it I would just like dealers try and get away with the most they can maximising their profits.

[VYBerlinaV8]

Just my advice BUT...

Give the dealer back the stereo, and sleep at night. Tell him you didn't realise it was an issue. That way there won't be some salesman / dealer always keeping their eye out for "the guy whole knocked off that car stereo".

This is NOT an accusation, just my opinion on how the dealer feels... I don't like the idea of leaving behind a mess that may come back to haunt me.

[jason phillips]

I had my last car valuated with a full system in it. (amps, subs, deck etc) When we went through with the deal I said I wanted to keep the system no worries, as long as it had a cd player put back in. I put the original one back in. all ok.

[VS_SeV]

I didn't tell them, but my argument is I never said it was part of the deal ? I have a water thin argument I think. plus I really did get a good deal but my gf wants the mp3 player A LOT.
You broke the contract so its not your mp3 player anymore.

Also are you fighting this because you like the mp3 player or becaue your GF does? If you dont care about the mp3 player then forget it, tell your GF to shut it and enjoy the new car!

[Jimbo_304]

How much is the mp3 player worth?

[Devil CV8]

Markone2 is the only one who knows what he is saying... Is anyone else a car dealer, or a solicitor???

It would be very easy for the dealer to check the trade in is in the same condition, as you hand over the trade in keys when you go to do the paperwork. That is an ideal time for the dealer to verify that the tradein is in an "as valued" condition..
caveat emptor... dealer didn't verify, and if there is no paperwork saying a MP3 player was included in the tradein then I doubt there is much they can do.

If you really want an answer, ask a lawer.. there are plenty around, and NRMA have free legal advice for members on vehicle issues...

[IIV8II]

I think the dealer did the trade-in valuation when he inspected the vehicle at thetrade-in valuation time with the car as presented, including the MP3... Why should the dealer then have to 're-inspect' the vehicle? How would you feel if the headlight covers, towbar and floor mats were missing from YOUR as-new car when you went to pick it up after doing the deal?

[fester1]

"Is anyone else a car dealer, or a solicitor???"

Sure, you can go down the path of getting some legal advice about the specifics of the contract of sale in your particular state. Maybe you win, maybe you lose. However, sometimes it just makes sense to do the right thing rather than looking for legal loopholes so that you can screw the other guy. If you make a deal in good faith stick to it - surely that's what you'd expect the other party to do. As someone else said, if you are happy with your new ride and the deal done to get it then just forget the piss-ant MP3 player or buy another and get on with your life. Win-Win.

BTW I do an LLB but that means nothing.

[heavychevy]

I think the dealer did the trade-in valuation when he inspected the vehicle at thetrade-in valuation time with the car as presented, including the MP3... Why should the dealer then have to 're-inspect' the vehicle? How would you feel if the headlight covers, towbar and floor mats were missing from YOUR as-new car when you went to pick it up after doing the deal?

I agree, if the dealer noticed it missing and contacted you, then he factored it into the valuation. It's nice to to have a win sometimes, certainly if it's the result of a professionals oversight / error. I 'know' you wouldn't have done the same if it was a private sale and the dude was returning the next day with the cheque.
Given the small community that you live in, things go around and come around and it could bite you on the @rse.
Enjoy your new ride, your MP3 player is only worth a couple of months fuel anyways. :)

[DaveHAT]

Give 'em the MP3 player & save yourself the grief & hassle of pissing the dealer off which will cause hassles for you if you need something repaired in the future.

Use it as the perfect excuse to put a better system in the SS like it deserves.

Besides, being a F**D it's gunna need as much help as possible to re-sell it. :D

[scat2k3]

Give 'em the MP3 player & save yourself the grief & hassle of pissing the dealer off which will cause hassles for you if you need something repaired in the future.

Use it as the perfect excuse to put a better system in the SS like it deserves.

Besides, being a F**D it's gunna need as much help as possible to re-sell it. :D

What he said. :cool:

And if you really want to score some browny points, let the girlfriend pic the next unit. Might cost you though :rolleyes:

Cheers,

Scott

[VS_SeV]

What he said. :cool:

And if you really want to score some browny points, let the girlfriend pic the next unit. Might cost you though :rolleyes:

Cheers,

Scott
Stuff that be the man, pick it yourself and let her enjoy whatever stereo you got! Since when did you hardcore v8 freaks become so pussy whipped?
:rolleyes:

[scat2k3]

:lol: good on you VS_Sev. Mate I'm single, haven't had a good pussy whipping in ages :lol:

Cheers,

Scott

[VS_SeV]

:lol: good on you VS_Sev. Mate I'm single, haven't had a good pussy whipping in ages :lol:

Cheers,

Scott

hehe its ironic bro, when you let women run your life (simple shit like getting their approval what to buy, or where to go and what to eat etc) they will not only rule your life but also get very angry in the process... ive had my lesson on this many times before till i clicked :D Now its my way or the highway and guess what? She loves it! haha

Women are not leaders... dont treat em like one guys.

[Gee]

hehe its ironic bro, when you let women run your life (simple shit like getting their approval what to buy, or where to go and what to eat etc) they will not only rule your life but also get very angry in the process... ive had my lesson on this many times before till i clicked :D Now its my way or the highway and guess what? She loves it! haha

Women are not leaders... dont treat em like one guys.

My God, to be such a hunk of masculinity. If my missus knew I even read something like that I'd be dead :D

Anyway, just give the guy the HU. I always consider karma

<and what my missus would think of course>

[smoke]

If the car yard mentioned the MP3,then it was part of your trade_in. If the girlfriend wants a MP3,tell her to buy her own, with her own money!

[Gambelli]

If my missus knew I even read something like that I'd be dead :D



Hehehe, me too! And for the most part, I wouldn't have it any other way, I love having someone around who chellenges me on every level...I hate making all the decisions, what to eat, where to go, when to screw, how to do it......who'd want to live like that?

[xshore]

I dropped it in this morning, I told my gf the whole deal and she was fine with it. She is the one that bought me it less than a year ago (~$400) and she said she was annoyed for my sake. She wants one for christmas but how quickly she forgets 6 days ago I bought her a labradore puppy for christmas.

[VS_SeV]

I dropped it in this morning, I told my gf the whole deal and she was fine with it. She is the one that bought me it less than a year ago (~$400) and she said she was annoyed for my sake. She wants one for christmas but how quickly she forgets 6 days ago I bought her a labradore puppy for christmas.
Shell be fine dude... a puppy is a HUGE present for Christmas... she owes you big time... and I mean it!

[VS_SeV]

My God, to be such a hunk of masculinity. If my missus knew I even read something like that I'd be dead :D

Anyway, just give the guy the HU. I always consider karma

<and what my missus would think of course>
lol Quick hide the screen, shes coming :D

[chook]

What's an MP3 Player worth, bugger all by a cheapy from Strathfield and give them it.

[smoke]

I hope you have given her the puppy already & IT isnt in a cardboard box under the tree! Trust me. That doesnt go down well on Xmas day :D Especially if there are kids involved.