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Charger update

Started by G-man, October 22, 2009, 12:16:15 AM

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G-man

Hi

Most of you remember what was happening with the charger and the mechanic...

in Brief

1: Charger was his house, he was avoiding phone calls (so it seemed), couldnt get my car because of this... didnt know what to do, went to department of fair trading to see if they can help out.

2: Finaly got a hold of him, didnt need the department, he happily gave me the car (so it seemes he was busy or i  called at the wrong times) and promised to reimburse me the labour money for the work not yet done.

All seemed great.

Well, I went to get my money now as my car is at a restoration shop so that I can pay the restoration shop.

I dont have receipts of paying this mechanic, and I paid him upfront of $2500 (500 was for him to order those Shock absorbers for me). Well I paid him upfront because he had some issues with his house/bills etc, so for him not to get kicked out I helped the guy out by paying him the labour money upfront and all he would have to do is complete as promised. That way he doesnt loose house and I get my car done. He did do 500 dollars worth when I paid him upfront before so I didnt see the problem. Im pretty broke myself, we live of a casual income (400-600 a week depending how work goes on average) and trying to get a charger on the road.... isnt easy.

Well Guess what?

Now that I went to get my money back he said call back in half hou (as he did before)and then I cant get  a hold of him for 2 weeks. He did this 3 times to me, so I went to department of fair trading.

The inspector rang him up, and guess what the mechanic (that i saved his house though Im broke to... needy giving to a needy person) said to the inspector?

"whats he want, he got his car back didnt he? I was working on his car as a mate - under the table kind of thing, there was no payment ever made, I dont know what hes talking about"

The inspector told him "Under the table, there is no such thing in New South wales, and he does have witnesses that you have been paid the sum of 2500"

And he said "Yeah and I got 4 people living with me that will tell you he didnt pay anything,  goodbye"

Now he doesnt have 4 people living there, just him and his father. His "misses" left him and took the kids with her, and he wasnt married to her either as he made out to be.

So basicaly...

Thanks for helping me not lose my house, now get stuffed I dont know you.

Im 2.5k short of paying the resto shop and I dunno what to do.

I went to the tribunal thing, gotta get statuatory declarations made by witnesses as thats all the proof I got and see what happenes in end... if in end nothing, then i got no clue what to do.

Steelshanks

 :shruggy:

Damn... If you go to small claims or that tribunal thing you mentioned just be sure to add in your cost of filling against him including time / missed work / whatever. Just be sure to have as many people varify that you gave him cash as you can. More credible people you have the better since you know all he'll bring for his defense is his old man or some shitty friend who owes him a favor.

I've learned a few life lessons the hard way too. Once you hand over the cash you no longer have control of the situation... sucks
Confucius say: "Man who stand on toilet high on pot..."

My 1st Gen Resto Thread

skip68

You need to tell him that your American car came with an American Gun "S&W"....   Then ask him if he want's to see it.    :icon_smile_big:
skip68, A.K.A. Chuck \ 68 Charger 440 auto\ 67 Camaro RS (no 440)       FRANKS & BEANS !!!


elacruze

Sounds to me like he's a Turnip you can't squeeze blood out of. Even if you get a judgement, how can he pay if he doesn't have it either? Totally sucks but reality is a harsh master. I hope they get it out of him for you.
1968 505" EFI 4-speed
1968 D200 Camper Special, 318/2bbl/4spd/4.10
---
Torque converters are for construction equipment.

Back N Black

I hate to say it, but why in the hell would you give anyone money and not get a receipt? Friend, no friend its a business transaction.

68r/t

You will not get a cent out of him, no receipt= no proof of payment, witness or not unless you did a bank transfer which I doubt you did.
Friend of mine did a similar thing with a backyarder went to fair trading etc had the hearing and all that  but had no real proof, IE Receipt so he walked away minus a couple of grand as well.

FLG

Man that sucks  :o

Id go skips route  :2thumbs: Exept id do it brooklyn style and bring a baseball bat :P Im sure you could estimate how much 2500 worth of damage is to his vehicle? Or face...whichever you see first.

Johnnys70SRT

 I feel for you Gman. I am likewise going through a similar situation. I have lost thousands of dollars with deadbeats like this guy. So when the car went to the previous bodyshop I was sure to write checks to him and document on the memo that it was for my Charger paint/bodywork. Well, the last shop actually did some work (hack job) to the car, but after 4 years they still had not completed the car and would not give me any kind of completion date. I had given the shop $4,000.00 over a period of time and received total crap workmanship. The current bodyshop had to start all over due to the the incompetent bodywork. So, my paint/bodywork project that I budgeted at $6-8k has now surpassed the $17,000.00 mark. I know the car will be beautiful when I get it back, but it sucks when the budget doubles all because of some ignorant a-holes.
I have contacted 2 different attorney's, but they advised me against going to small claims court, even though I have many pictures documenting the slow progress the previous bodyshop did and the cancelled checks showing the money that was paid to his shop. Seems like our justice system works in the favor of crooks and deadbeats, not the average working American.
I have lost many nights of sleep over this, because although my cars paint/bodywork will be completed in the next 2-3 weeks, there will be no funds available for the rest of the items I need for the car. So this dream I have waited 20 years for will once again be postponed until more funds are generated. I guess that is why they call it a labor of love.
Hang in there and good luck with your project.

b5blue

My  :Twocents: Make no threats to this person in any way. Stop work on car where it is now. Resolve payment with restoration shop ASAP. Talk to police and file a complaint with who ever controls licensing in your area. Inform Dept. of Revenue and any other entity that may be getting screwed out of taxes. Contact EPA and inform them he is polluting grounds by improper disposal of toxins. Find out who owns the property where he is at in public records and sue them for allowing him to operate an illegal business on their premises. Your friends testimony will out weigh his lies in court once you have destroyed his credibility by providing proof via the records of aforementioned complaints to authority(s). You can seek a judgment and if he will not pay lean his assets...the sheriff will help you pick them up. Think along these lines...           

Blown70

Quote from: b5blue on October 22, 2009, 09:47:01 AM
You can seek a judgment and if he will not pay lean his assets...the sheriff will help you pick them up. Think along these lines...           

YEP, at least here in the states if you get a judgement you can take something of theirs, that has the APPROXIMATE value of what they owe you....... he got anything you need/want.....?

b5blue

Tools...cars/trucks...TV's....his dog..(put that on eBay!)..ANY Asset.  :rofl:

Blown70

Quote from: b5blue on October 22, 2009, 09:54:07 AM
Tools...cars/trucks...TV's....his dog..(put that on eBay!)..ANY Asset.  :rofl:

I had a buddy get a judgement on someone.  Turns out he (the deadbeat) just got a new tool box he had for 5 days..... the sherriff went with an my friend loaded up the tool box :D.......hahahahhah

teamroth

Quote from: FLG on October 22, 2009, 06:22:38 AM
Man that sucks  :o

Id go skips route  :2thumbs: Exept id do it brooklyn style and bring a baseball bat :P Im sure you could estimate how much 2500 worth of damage is to his vehicle? Or face...whichever you see first.

A brooklyn boy after my own heart. Louisville slugger justice.
I'd rather die than go to heaven.

Sublime/Sixpack

Quote from: b5blue on October 22, 2009, 09:47:01 AM
My  :Twocents: Make no threats to this person in any way. Stop work on car where it is now. Resolve payment with restoration shop ASAP. Talk to police and file a complaint with who ever controls licensing in your area. Inform Dept. of Revenue and any other entity that may be getting screwed out of taxes. Contact EPA and inform them he is polluting grounds by improper disposal of toxins. Find out who owns the property where he is at in public records and sue them for allowing him to operate an illegal business on their premises. Your friends testimony will out weigh his lies in court once you have destroyed his credibility by providing proof via the records of aforementioned complaints to authority(s). You can seek a judgment and if he will not pay lean his assets...the sheriff will help you pick them up. Think along these lines...          

Ah, a voice of reason.      No sense ending up in prision over a couple hundred bucks.

Opps, Correction: A couple thousand bucks.
1970 Sublime R/T, 440 Six Pack, Four speed, Super Track Pak

Charger440RDN

Go over to his house with LITTLE friend for a little convincing!


ZSmithersCharges

Quote from: Sublime/Sixpack on October 22, 2009, 07:21:40 PM
Quote from: b5blue on October 22, 2009, 09:47:01 AM
My  :Twocents: Make no threats to this person in any way. Stop work on car where it is now. Resolve payment with restoration shop ASAP. Talk to police and file a complaint with who ever controls licensing in your area. Inform Dept. of Revenue and any other entity that may be getting screwed out of taxes. Contact EPA and inform them he is polluting grounds by improper disposal of toxins. Find out who owns the property where he is at in public records and sue them for allowing him to operate an illegal business on their premises. Your friends testimony will out weigh his lies in court once you have destroyed his credibility by providing proof via the records of aforementioned complaints to authority(s). You can seek a judgment and if he will not pay lean his assets...the sheriff will help you pick them up. Think along these lines...           

Ah, a voice of reason.      No sense ending up in prision over a couple hundred bucks.

Not to mention I've seen this work before. And if done with diligence like he said in the post it WILL work.  This guy obviously has no license so 1 the treasury department is going to want their money and 2 the IRS is going to damn sure want their 6% of what this guys been making 3 the legal system we have set in place LOVES little things like these were they can throw a fine at someone and make some money so they will rule in your favor... the list goes on and on.

68r/t

G-Man is in Australia, the same rules do not apply. He has to prove that he gave an  non registered, backyarder money,  it will be hard to prove as it was a cash deal.

elacruze

When all else fails, appeal to his rational side.

Have a close, personal conversation. Be convincing. Sometimes all it takes is a little time alone together to find common ground.

:D
1968 505" EFI 4-speed
1968 D200 Camper Special, 318/2bbl/4spd/4.10
---
Torque converters are for construction equipment.

G-man

Thanks guys

Rational with a pot smoker whos half the time off his face... theres no brains left in him to rationalize with.

And I would never assult anyone even if it was a 500 000 dollar house stolen.

I'll see what can be done the right way as thats the only way I do things. If nothing... well... Im still able to live, so no need to be concerned... alot of people dont even have that so yeah.

:cheers:


b5blue

Good, seek restitution not vengeance.  :2thumbs:

Silver R/T

Quote from: Back N Black on October 22, 2009, 05:03:36 AM
I hate to say it, but why in the hell would you give anyone money and not get a receipt? Friend, no friend its a business transaction.

ya, should've had some kind of signed receipt.
http://www.cardomain.com/id/mitmaks

1968 silver/black/red striped R/T
My Charger is hybrid, it runs on gas and on tears of ricers
2001 Ram 2500 CTD
1993 Mazda MX-3 GS SE
1995 Ford Cobra SVT#2722

elacruze

Quote from: G-man on October 24, 2009, 04:40:01 AM
Thanks guys

Rational with a pot smoker whos half the time off his face... theres no brains left in him to rationalize with.

And I would never assult anyone even if it was a 500 000 dollar house stolen.

I'll see what can be done the right way as thats the only way I do things. If nothing... well... Im still able to live, so no need to be concerned... alot of people dont even have that so yeah.

:cheers:

I have a lot of respect for that. I'm not so able to move on, sometimes.


1968 505" EFI 4-speed
1968 D200 Camper Special, 318/2bbl/4spd/4.10
---
Torque converters are for construction equipment.

Mike DC

Sounds like the whole situation sucks. 

I would go ahead and make as many complaints on him as possible.  Do it all and you'll end up eventually costing him more than $2500 in the future, even if you never get it yourself.  Heck, you might even get him in jail at some future date, at least indirectly. 



We've usually learned the hard way - don't pay anything up front that you're not prepared to risk losing.