|
|
The Pub For General Automotive Related Talk |
|
Thread Tools | Display Modes |
28-09-2014, 08:48 PM | #31 | ||
FF.Com.Au Hardcore
Join Date: Feb 2006
Location: The Nanny State
Posts: 772
|
If you purchased the engine that is now in the car separately and have paperwork to prove it,that is your engine.Lodge a PPSR encumbrance on the engine immediately and they won't be able to sell the car with it.Also try to find out whether the car has gone to Manheim or Pickles Auctions and when you locate it,make them aware of your interest in the motor because normally they don't check engine numbers on salvage cars.
__________________
He who dies with the most toys is still dead |
||
28-09-2014, 08:58 PM | #32 | ||
Regular Member
Join Date: Mar 2007
Posts: 434
|
my wife purchased a rebirthed car years ago, had it a few weeks and the police came and took it away on a tilt tray, she lost what she paid for the car and even though she had a history search done on the car in qld, (it had qld rego plates and sticker) because it was stolen and rebirther interstate she couldn't get any compensation for her loss as she didn't get a national history search done.
What really sucks is the police had the seller under surveillance and watched her buy the car to establish the crime that the seller was charged with. My point, did you get a REV search done? if you did a nationwide one you may be able to get compensation through victims of crime, but to do that you need to show you accessed the government registry REVS to its full extent. at least, that's what we were told when we attempted to recover her loss.
__________________
i was going how fast officer? |
||
28-09-2014, 09:05 PM | #33 | |||
Regular Member
Join Date: Oct 2013
Posts: 53
|
Quote:
|
|||
28-09-2014, 09:08 PM | #34 | |||
Regular Member
Join Date: Oct 2013
Posts: 53
|
Quote:
|
|||
28-09-2014, 09:12 PM | #35 | ||
Donating Member
Join Date: Jan 2005
Location: Morayfield
Posts: 28,243
|
I don't understand. How does the ECU identify the car. If the frame is a XT and it had a bunch of stolen parts fitted like driveline then doesn't that mean the frame is yours?
__________________
I love Holdens.... |
||
28-09-2014, 09:17 PM | #36 | ||
Regular Member
Join Date: Oct 2013
Posts: 53
|
The actual car is the Stolen 2007 typhoon, the only part of the xt falcon is the numbers, the best way to describe it is like getting a texta and writing the numbers from the xt falcon onto the stolen car, the car was never even pulled apart, just the nunbers transferred over
Last edited by Vallidium; 28-09-2014 at 09:18 PM. Reason: And they said that the vehicle ecu tells them what chassi and engine number it is from aswell |
||
28-09-2014, 09:27 PM | #37 | |||
Donating Member
Join Date: Jan 2005
Location: Morayfield
Posts: 28,243
|
Quote:
__________________
I love Holdens.... |
|||
28-09-2014, 09:31 PM | #38 | ||
Regular Member
Join Date: Oct 2013
Posts: 53
|
Yes, they sent the car away to have it checked properly and the detective said that they spray that data dot in special places all over the vehicles parts, so it was sent away to have it all checked and they confirmed it. I was hoping that it was just some stolen parts but they say it's the whole car. The stickers in the door frame looked fine to me and the vin# in the bay didn't look strange to me but I'm definitely no expert
|
||
28-09-2014, 09:41 PM | #39 | ||
Donating Member
Join Date: Jan 2005
Location: Morayfield
Posts: 28,243
|
So they found the dots on the car frame and not just the parts? The reason I ask is that they might have just transferred all parts across into the XT. I'm curious to know if they picked them up on the body too.
__________________
I love Holdens.... |
||
28-09-2014, 09:50 PM | #40 | ||
FF.Com.Au Hardcore
Join Date: Apr 2014
Location: NSW
Posts: 1,610
|
enquire thru your insurance company as to if they have a legal service you can speak to -brother in-law lost GTHO years ago (after rebuilding) had to take action against dealer he purchased from who closed down lost the lot - be aware of what it will cost you if you persue !
|
||
This user likes this post: |
28-09-2014, 10:25 PM | #41 | ||
Regular Member
Join Date: Oct 2013
Posts: 53
|
I'm honestly not too sure where they took the samples from, I did question the copper as to whether they were 110% sure that it was just the stolen parts but he said it was definitely the whole car. I am still sceptical though, are there those data dots on the actual body as well as parts ?
|
||
28-09-2014, 10:32 PM | #42 | ||
Starter Motor
Join Date: Jul 2007
Posts: 29
|
Similar story with a mate years ago. Had 15k in receipts on money spent on rebirthed car got him no where. He bought from a licenced dealer that had closed business prior to car being discovered rebirthed. He learnt a valuable lesson the expensive way.
Geoff |
||
This user likes this post: |
28-09-2014, 10:37 PM | #43 | |||
Donating Member
Join Date: Jan 2005
Location: Morayfield
Posts: 28,243
|
Quote:
It would pay to speak to someone in the know. They will have to prove that the car frame has been rebirthed.
__________________
I love Holdens.... |
|||
This user likes this post: |
28-09-2014, 10:40 PM | #44 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Location: Perth
Posts: 1,794
|
Yep, it sounds like a rebirth. They've transferred the XT details onto the Typhoon. The data dots and ECU will be keyed to the Typhoons VIN.
This really sux for you as a buyer, you do all the REVS checks and it will show up clear (the XT would have been a write off most likely). Get legal advice and try to get your engine back asap.
__________________
Current Rides: 2017 Ford Mustang 2020 Ford Everest Sport Past Rides: 2017 Kia Stinger GT 2008 FG XR6 Sedan 2008 FG G6E Sedan 2004 BA XR8 Sedan 2008 BF XR6 Turbo Sedan 2004 BA XR8 Sedan 2003 BA XR8 Ute 2003 BA XR6 Sedan |
||
This user likes this post: |
28-09-2014, 11:30 PM | #45 | ||
Regular Member
Join Date: May 2010
Posts: 325
|
About 15-18 years ago, a mate had his white XF Fairmont Ghia confiscated, as it had been rebirthed. It was actually meant to be a blue XF Falcon.
The original owner had 30 ways of identifying it as his old (bought new) Ghia. Such as Velcro straps in the boot holding tools together, Repco replacement auto aerial, etc. My mate got the car back, as it owed him more than it owed GIo/NRMA (forget which one now) . So insurance paid out $8500, but he paid $9000 for the car, off the Rebirther. He paid cash too, as I remember the cops asking him where he got that cash from. He had to go to a holding yard, and watch a massive forklift take it off a rack, and damage the underside of it with the fork tynes. They didn't care, but he did get it back. I'm guessing the insurance paid out more for the FPV, than you did for the 'XT'? Good luck |
||
This user likes this post: |
29-09-2014, 12:18 AM | #46 | ||
Regular Member
Join Date: Oct 2010
Location: Perth
Posts: 391
|
Post above regarding putting an encumbrance on the engine sounds great, will be very interested to hear how this goes!
Also, once he's been to court and been convicted you might be able to arrange for a Garnishee (or similar) order in NSW to force him to pay you back for your loss. I'm not a lawyer (talk to yours) but I understand that this means the court rules that he owes you a certain amount and has to pay a certain amount back each week until the debt is cleared, so long as the repayments leave him with at least $460 per week to live on. Even if you get $5 per week for the rest of your life its better than nothing. In Victoria at least you can also (or could) ask the court for a Promisary Note which meant that if he has no money now, you can arrange for the Sheriff to pay him a visit at any time in the future when he does have some assets and confiscate them and either sell them or give them to you. Downside of both of these is that if he has little assets then you won't be getting any money any time soon, or possibly ever. Upside is that if he isn't the brightest spark and doesn't have any money and has been freshly convicted then he can't really fight the orders. So it might not cost you much to set up and at least he has some legal/financial complications looming over him to teach him a lesson, since he may well get a slap on the wrist with a wet tram ticket when he goes to court. Possibly down the line if you get sick of waiting you could engage a debt collection agency to harass him on a commission basis :-) Not sure if any of this would achieve much financially but it might make you feel a bit better without costing too much more. |
||
This user likes this post: |
29-09-2014, 06:39 AM | #47 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Location: Canberra Region
Posts: 9,035
|
Datadots is sprayed under the car once its assembled and complete, so yes it will be on everything.
__________________
2016 FGX XR8 Sprint, 6speed manual, Kinetic Blue #170 2004 BA wagon RTV project. 1998 EL XR8, Auto, Hot Chilli Red 1993 ED XR6, 5speed, Polynesian Green. 1 of 329. Retired 1968 XT Falcon 500 wagon, 3 on the tree, 3.6L. Patina project. |
||
This user likes this post: |
29-09-2014, 09:22 AM | #48 | ||
FF.Com.Au Hardcore
Join Date: Aug 2007
Posts: 1,874
|
I doubt that the dollar cost of any legal action would be worth it. The best you'd end up with would be the engine and that's not much of a win considering time off work and legal fees which are always substantial.
Moving on would be far less of a headache. |
||
2 users like this post: |
29-09-2014, 09:29 AM | #49 | |||
Regular Member
Join Date: Oct 2013
Posts: 53
|
Quote:
Thanks to everyone for your input aswell, any and all info/experiences are appreciated, gives me a good idea atleast of what to expect and prepare for ! And to anyone looking at buying a re-shell or car that has had major work done just be very carefull and thorough ! |
|||
29-09-2014, 10:36 AM | #50 | ||
FF.Com.Au Hardcore
Join Date: Jul 2007
Posts: 609
|
couldn't you go through small claims court for the engine. You could just be enough of a PIA to the insurer (they wont want to take the engine out or pay you separately or go through the hassle of small claims) that they might be inclined to strike a deal.
my understanding is its very cheap to go through small claims (less than 10,000 claims) |
||
This user likes this post: |
29-09-2014, 10:39 AM | #51 | |||
Donating Member
Join Date: Jan 2005
Location: Morayfield
Posts: 28,243
|
Quote:
And you would imagine the flip side is that VIN is the proof of identity so as part of this process the police would need to show that the VIN has been altered too.
__________________
I love Holdens.... |
|||
This user likes this post: |
29-09-2014, 12:38 PM | #52 | ||||
FF.Com.Au Hardcore
Join Date: Oct 2008
Location: Perth, WA
Posts: 1,311
|
Quote:
OP, you should seek professional advice prior to doing so. There are laws governing what can and cannot be registered on the PPSR, as well as the legal ramifications - such as whether or not it'll have any real effect. The car is considered as the whole - shell, drivetrain and motor. Registering a security interest on the car is no problem, but registering a security interest on a motor might prove to be difficult and/or ineffective. Quote:
__________________
Current car: 2016 Ford MD Mondeo Titanium EcoBoost (2016-) Previous cars: 2005 Ford BF Fairmont (2006-2019) 1989 Ford EA Falcon GL (2000-2007) 1982 Ford KA Laser Ghia (1999-2000) |
||||
This user likes this post: |
29-09-2014, 12:58 PM | #53 | ||
FF.Com.Au Hardcore
Join Date: Jun 2005
Posts: 5,193
|
A member of my car club (and incidentally this forum) bought a XY GT replica many many years ago for $10K, it was a good replica with many HO parts fitted.
Car got inspected numbers x-rayed etc, it turns out it was a stolen Genuine XY GTHO!!! Not sure how but somehow he got to keep it and still owns his $10k Genuine GTHO Phase 3. He's a forum member too and quite a regular poster. Some guys buy GTHOs only to get screwed and receive a tarted up Falcon 500, this guy buys a GT replica only to find out its a genuine GTHO Phase 3. |
||
10 users like this post: |
29-09-2014, 01:10 PM | #54 | ||
FF.Com.Au Hardcore
Join Date: Jan 2007
Location: Port Lincoln, SA
Posts: 5,138
|
Did you do a government vehicle history check or any other paper work? If you did and nothing showed up on it, it may be possible to go through the court system to show that you unknowingly bought a stolen vehicle and stack up some evidence as to why you be able to at least have the engine back.
__________________
cheers Shaun Current SY FPV F6X Territory #214 Previous FG MkII G6E Turbo built by Heinrichs Performance and Tuning BFII FPV TORNADO #0021 351rwkw - Heinrich Performance and Tuning "Milk is for babies. When you grow up you have to drink beer" - Arnold Schwarzenegger |
||
This user likes this post: |
29-09-2014, 01:23 PM | #55 | |||
Regular Member
Join Date: Oct 2013
Posts: 53
|
Quote:
|
|||
29-09-2014, 01:25 PM | #56 | |||
Regular Member
Join Date: Oct 2013
Posts: 53
|
Quote:
Yeah what I'm hoping is that the insurance coy will just want it sorted as quickly as possible and that they will hopefully give me a realistic price for the whole car and not try and empty my pockets |
|||
29-09-2014, 01:29 PM | #57 | |||
Regular Member
Join Date: Oct 2013
Posts: 53
|
Quote:
This is exactly the same as what has happened to me. Would love to know how he managed to keep the car !! This would be the best case scenario for me but I'm not holding my breath lol |
|||
29-09-2014, 03:22 PM | #58 | ||
R51 Pathy, 91 Jayco Swan
Join Date: Dec 2010
Location: Mackay, QLD
Posts: 3,635
|
I be changing my user name to Valium mate.
|
||
6 users like this post: |
29-09-2014, 04:11 PM | #59 | ||
Regular Member
Join Date: Oct 2013
Posts: 53
|
Haha yeah mate if anything this whole process so far has taught me patience. I'm pretty sure the copper looking after the whole thing is sick of me calling him lol. It's just such a long process, even now I couldnt even guess how much longer this will take. |
||