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Old 07-26-2006, 08:41 PM
  #91  
Phil
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Originally Posted by palladio
Maybe if we beat the dead horse long enough, it will go away....

1. This dealer is either dishonest (he knowingly sold you a flood damaged car) or incompetent (he deals in cars for a living yet didn't do a proper background check on such an expensive piece of inventory, and risked being stuck with it). In either case, why would you want to deal with them again in any way? If they will take the car back for a refund, do this ASAP, but DO NOT hand over the vehicle until the cash hits your account.

2. It is highly likely the dealer is just stalling while trying to find a way to get out of this to his benefit, not yours. If this is not true, why wouldn't they simply say, "bring the car back now for a full cash refund"? The reality is that he will be stuck with a car that will be tough to sell, and that he will take a big loss on it, if you return it. There is no easy or honest way out of this for the dealer. Either he loses or you lose. Which do you think he'd prefer?

3. Litigation should always be a last resort when all else fails. If this was such an "open and shut" case, then why wouldn't they take it on contingency? These attorneys can go on and on about how solid a case it is, but at the end of the day, they will collect their fees whether you win or lose. The only reason to waste your time with this, is if the dealer completely reneges on a refund and you are left with no other options.

4. And finally a personal observation that I hope will not offend you. I suspect you have gotten caught up in the emotion of owning/driving your new Porsche (which we can all understand here!) and are not thinking as rationally as you might in other circumstances. IMHOP you should be focused totally on returning the car and getting your cash back. Forget about searching for other cars, getting a deal on an exchange with Global, etc. If you don't get this car back to them soon, this could get really ugly. Remember, Global is currently holding all the cash, and you are holding a big lemon that is probably worth half of the cash you traded for it. You're only goal right now should be to get that car back to them and get all your cash back ASAP. If and when that fails, call the lawyers.
This is way to simple. We need drama and complications
Old 07-26-2006, 08:59 PM
  #92  
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Originally Posted by Ucube
As if this horse hasn't been beaten to death enough, I'll pose two more questions for you, Gant.

1) Do the faxes from Momentum contain any verbiage about them deceiving Global on the flood history of your C4S? In other words, do you have any official paperwork proving Momentum willfully misrepresented the car to Global? The answer will obviously determine whether Momentum is also liable.

2) Does your warranty paper from Global contain any signatures or letterhead? Take Tom's caution to heart. If this is as simple as an open-and-shut case as your attorneys say, then that's great for you. Don't forget, however, every lawsuit has an opposing lawyer -- for a reason.

Good luck, we're all pulling for you.
From what the lawyers said, Momentum, having the paperwork and actually "giving" it to me, is proof that they "knew" about it. Proof enough for a judge in a civil matter. Also the fact that Momentum performed this work is also another reason they knew this car was flood. Playing dumb and saying oops, our mistake isn't enough, and I don't have to bare the buren of THEIR mistake. I don't have to get them to actually write it down for me, or give me a statement. They knowingly and willfully sold the car as a regular car, when it fact it was not.

Originally Posted by jw97C2S
Tom R
Don't bother. This is an open and shut case as he was told. Of course the atty also told him "They don't do contigency in this case cause the risk is not worth the payoff for them." What risk? It's an open & shut case. lol

This iisn't the kind of case lawyers take on contigency. Its a bigger risk for them AND they would take 33% of my car. I pay them a fee and they get me my damages PLUS they sue for their fee back. SO I DON'T END UP PAYING THEM ANYTHING. This is how it was explained to me by 3 Texas Consumer fraud lawyers.

Originally Posted by oreganet
Interesting...

IT manager... as I said, large salary without much experience.

Additionally, the comment above can be interpreted as meaning that 50K is not important to you.

I'd also say that you're single. Your attitude is not one of a married man. I know a few married IT managers and none of then can afford to pay cash for a Porsche.

Don't worry about how much I make etc, you don't know me. It's really lame and bares no relevence to my situation.
Old 07-26-2006, 09:13 PM
  #93  
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Originally Posted by arr0gant
Don't worry about how much I make etc, you don't know me. It's really lame and bares no relevence to my situation.
I didn't open that Pandora's box, you did.

What is relevant is that a lot of good people have tried to help you here and you have repaid their patience and generosity with intolerance, insults and snide remarks.

Seriously, a lesson in life. If you deal with everyone the way that you have treated others here, then you'll be a sad and lonely man with nothing but a flooded Porsche for companionship. I was serious when I said that I thought you were <25 years old, as that is the level of maturity, common sense and intelligence that you have been showing.

I really do wish you well, but you really have been making life hard for yourself when others have beeen trying to help you.
Old 07-26-2006, 10:42 PM
  #94  
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Arrogant,
I have a true story for you.

I live on an island. there is a toll bridge i have to go through to get to my house. some years ago they put a lazer bar code decal on windows of cars that paid an annual fee. often the lazers didnt work. one time somoene backed into my new acura legend coupe. the damage was there but too small to make a claim for (wheel well had minor ark).

Also, in NY it is illegal to back up on a "controlled access highway" good luck getting that defined.

long story short, one day it didnt read my sticker. there was a person in the booth that said back up. there was a car behind me. i refused and shut the car off instructing the bridge employee to follow the law and bridge authorities procedures and push the button to raise the gate.

a few minutes later the cops came. the first thing the cop said was 'back your car up *******". that car at the time had special plates that should have put me above the law. I informed the cop of the law etc.

he took over a half an hour to write the tickets. I had a mini tape recorder in the car and went to internal affairs. he got disciplined. the DA wouldnt plea the tickets.

we went to court. of course the headlines in the paper on the day of trial were a cop murdered on page one, and another cop shot and wounded in a separate incident on another page.

my open and shut case that the cop was vindictive went out the window. i couldnt attack the cop with those headlines. maybe you could have, but i didnt think the judge would appreciate it.

then there was the document that i got under freedom of information act. it showed the times of the call to the police, when he arrived, and when i called the precinct to report his behavior.

I tried to get it into evidence to show the cop was being a dick, and to show that the other witnesses were not credible because they said i was there a half hour before they called the cops. I testified when my train arrives and showed the police record showing they were called less than 15 minutes after i got off the train, walked to my car......

guess what, I was not trained on how to read the column under time that said 18:20, 18:40 etc.

needless to say my key piece of evidence was not admitted.

Tell me again about the rules of evidence, and how they differ in civil and criminal trials. my case was opeen and shut too.

want more stories about open and shut cases?
Old 07-26-2006, 11:37 PM
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What pandoras box did I open? Someone just asked if I financed it, I said no, cash...thats it.

They fixed a flood damaged car, they sold it. They faxed me their own records. OPEN AND SHUT.



You guys are too much, really. And Oregon, your personal insults are rediculous. I think certain peoples advice is awesum, others? Not so much. But I appreciatte it also, even if I decide to rebuff. I have a differing opinion and am just giving it.
Old 07-27-2006, 04:23 AM
  #96  
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Originally Posted by arr0gant
What pandoras box did I open? Someone just asked if I financed it, I said no, cash...thats it.

They fixed a flood damaged car, they sold it. They faxed me their own records. OPEN AND SHUT.



You guys are too much, really. And Oregon, your personal insults are rediculous. I think certain peoples advice is awesum, others? Not so much. But I appreciatte it also, even if I decide to rebuff. I have a differing opinion and am just giving it.
Hey arr0gant,

Dude, relax.

I'm repeating someone else's advice (adding my own flavor), but I think it's worth repeating (paraphrased, my apologies to the original poster as I lost track in the 7 pages of who gave it):

1. don't worry about what people are saying here. I think we've been through all the possible options/opinions people had to offer. You've heard all the opinions.

2. Try to get your head clear, and plan on how to deal with global/momentum.

3. Getting agitated with the folks here will only hurt you - not withstanding the relationships here, it WILL affect your handling of the conversations with the lawyers and dealers.

4. From my own experience (again repeating what has already been said), lawyers earn their living by selling the case to you, and landing you as a client - take what they say with a grain of salt. I went through 3 lawyers, and then decided to represent myself.

5. Dealers earn their living by selling you cars, not taking them back.

No offense to anyone, but there's a reason why lawyers and used car dealers have the reputation they have. That doesn't mean that all of them are like that, just that there is a percentage of them out there that caused them to get these reputations. On the flip side, I personally have dealt with a great lawyer, and some straightforward dealers.

Final, wind-up advice is: keep your mind on the end goal - to get rid of the flood damaged car, and to get your money back. Everything else is incidental, and unless it contributes to your end goal, is a waste of time and effort.
Old 07-27-2006, 07:43 PM
  #97  
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Just an update, don't need legal comments.
Talked to the GM of Momentum, he assured me that they WILL be buying the car back from Global. He is also personally going to make this right. They are not playing around. They understand the seriousness of this issue. I also told them, I expect them to pay all expenses accrued and how this WAS NOT my fault (plane-ticket, gas back to The Lou etc..). He agree'd. He asked if my budget was set. I told him if he can get me a newer, clean C4s with lower miles, I understand that I may have to pay a little more and am willing too. But I expect UNDER wholesale and that I have access to Manheim and know wholesale. He is working on it as we speak.

This WILL work out, the doubter's will see that the train-wreck was an illussion. I am confident of that. They simply have too much to lose here. I have faith it that.
Old 07-27-2006, 07:46 PM
  #98  
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You had me up until you said you you were giving them a chance to get you another car. They buy it back, they reimburse you for ALL expenses incurred and then you start your search from scratch.

As the old saying goes:
Burn me once, shame on you. Burn me twice, shame on me.
Old 07-27-2006, 07:51 PM
  #99  
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Originally Posted by LVDell
You had me up until you said you you were giving them a chance to get you another car. They buy it back, they reimburse you for ALL expenses incurred and then you start your search from scratch.

As the old saying goes:
Burn me once, shame on you. Burn me twice, shame on me.
Dell, I think that IS a great point, and one that i have considerred. I believe that I can use this situation as leverage to help me get a great deal. Burnt me once, shame on you, so make it right!! I trust they will. If I DO get burned? I have NO ONE to blame but me. I don't think they will burn me again. I will expect every record on this new car, no matter what. I will also expect a CPO. I think they owe me this. That is what I got from the GM. I have made the decision to give them a chance to make me happy.

He already told me. He WILL buy the car back and pay my expenses. I told him, you do me right, I WILL be back for a turbo in 6 months. I trust and have faith that this WILL work out. Now, we will see. Hope you guys put up a little prayer for me.
Old 07-27-2006, 07:54 PM
  #100  
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I am still having a hard time buying that Momentum sold Global a car and did not disclose flood damage. If you really have them by the stones like this they have a pretty nice 996 C4S in their showroom listed for about 89k. I'd have them send me that bad boy in exchange for your submarine. Otherwise I think I'd go to court. Still I find it hard to believe Momentum would be involved, but then again it wouldn't totally shock me that they are jamming people up too. They are afterall car dealers. I use their shop for maintenance. This gives me pause. Also initially you said it was Advantage Porsche who sold you the car which further confuses me.
Old 07-27-2006, 07:55 PM
  #101  
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God looks after..........
Old 07-27-2006, 07:58 PM
  #102  
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Also doesn't Global have your money? Are you basically letting Global keep probably 10-12k in profit on the deal? Right? Global buys car at auction from Momentum for $39k. you buy it for 49K. Momentum buys back from you for 49k plus expenses. Why reward global with a profit? they had to know the car was damaged too, but they are trying to pass it back off and pocket some cash. To me that is damn near as bad. Momentum has no recourse with Global apparently. This whole thing smells so bad I do not know if I ever want to buy another car in this town.
Old 07-27-2006, 07:59 PM
  #103  
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Originally Posted by blk on blk
I am still having a hard time buying that Momentum sold Global a car and did not disclose flood damage. If you really have them by the stones like this they have a pretty nice 996 C4S in their showroom listed for about 89k. I'd have them send me that bad boy in exchange for your submarine. Otherwise I think I'd go to court. Still I find it hard to believe Momentum would be involved, but then again it wouldn't totally shock me that they are jamming people up too. They are afterall car dealers. I use their shop for maintenance. This gives me pause. Also initially you said it was Advantage Porsche who sold you the car which further confuses me.
Not sure why I ever thought advantage. I think I may have thought advantage and momentum were the same. I don't remember. Advantage was never involved.

The GM told me it was their mistake and they are going to buy it back. There are things in life that just are what they seem to be. They sold me a bogus car, they know it, they know that I mean business and if I sue, this will cost them alot more in money and reputation. They know they have no moral or legal edge over me. They know they did something illegal and the only way out is to make it right. I have faith that the system is totally and completely on my side.
Old 07-27-2006, 08:24 PM
  #104  
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The key would you just used was illegal. So let them off the hook the easy way with buying your sub back and then making money on you again? You know that aren't taking a hit on ANYTHING they sell you. Like I said, I would have already reported their *** to the authorities for fraud and illegal business practices. See what comes of that!

You seem to be a grown boy now so do what you wish. I just have a hard time understanding you allowing them to give you another car. No seriously honey, I didn't mean to sleep with that other woman. Please give me another chance and I will make it right. Works everytime doesn't it. And what's the first thing you do when given the chance again? You guessed it.

Best of luck to you. Hope this ends well for you. Even though you are not in control. You relinquished that when you let them find you another car.
Old 07-27-2006, 10:06 PM
  #105  
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Arr0gant, I feel very sorry for you in this whole thing, but it seems like you are on the right track now letting the guys make it right. Sometimes you need to put a little trust in people. Here is a perfect example: The other day at work I got an email from a Nigerian bank owner who told me that he needed help getting his business license in the US and told me that he was giving 500 grand to US citizens for FREE! I sent the small transfer fee via cashiers check ($15,000) and waited for my half a million bucks. When it didn't come I called the guy and he told me he would make it right. It turns out that since it was an over seas tranfer the fee was double. See, he made it right and any day now I will have my money. If I didn't trust this total stranger who promised me that he would take care of me I would have $30,000 in the bank instead of the $500,000 that should be in there shortly.

You see the moral is trust people and good things happen.


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