'95 Mr2 Gts Rev3 In Yellow, must go! ***SOLD***

[wiggee]

its really is bad i hope you can keep us upto date ...


I was just told by a used car sales man friend ( so it may not be true ) If a car is sold private or trade the buyer has a right to return the car within 24hrs of purchase if there is a defect with the car or money owing, reguardless of conditions of sale on reciept or terms and conditions.But you would possibley lose your deposit. As i say may not be 100% correct as alot ofolder people say " let your eye be your merchant".

Also cant believe he hid behind his mum , how sad and lame is that

[stu b 1 tubby]

Thats real bad luck earl. Ben obviously knew something was up and now hes ducking everyone. I really hope you get some money back.

[EarL]

If anyone either knows Ben, or lives near him, please have a word with him and make him come to his senses.

EarL.

[BigR]

Small claims court is your best bet legally - I've been told if you take it there they assume on behalf of the claimant, and you will make him attend to defend it at least. If you break your claim up into parts and are only proved right on one bit of it you win for that part + all costs. But if you loose, you may have costs to pay.

(I am sure Malcolm will be along at some point to put me right if I'm incorrect on this, but as I say, this was advice given to me by an AA legal advisor).
T

It will have to be Small Claims due to the amount being claimed(less than £5000). Also, if it was (and in my opinion I do not think it will) your restriction to his costs would be circa £80.

Well worth the pot and will be interesting to see if he turns up to Court, if way I hope he doesn't,so that it effects his credit rating for the next 8 years.

[EarL]

Also, if it was (and in my opinion I do not think it will) your restriction to his costs would be circa £80.

Call me dull, but I'm not sure I know what you mean mate. Can you explain...?

[Scott Barton]

Earl, why o why did you get rid of you red 'beast' in the first place!

Good luck in getting a resolution mate. Keep us all posted.

[EarL]

Earl, why o why did you get rid of you red 'beast' in the first place!

Good luck in getting a resolution mate. Keep us all posted.

Didn't have a choice mate. Needed money to put a roof over my family's head. The car came second to them.

EarL.

[Martin F]

Earl, why o why did you get rid of you red 'beast' in the first place!

Good luck in getting a resolution mate. Keep us all posted.

Didn't have a choice mate. Needed money to put a roof over my family's head. The car came second to them.

EarL.

more too the point, any luck with ben getting back in touch with you yet

[EarL]

more too the point, any luck with ben getting back in touch with you yet

Yes,

Ben was good enough to email the MR2OC and get the thread that was shaming him locked. Furthermore, the admin have said that if anyone posts regarding this subject, it will be removed.

Good to see that nothing has changed over there then...

But I digress... apparently I knew he had been out of the country, and therefore couldn't reply to defend himself, and that everything I've said is a complete fabrication.

Here's my reply to him, as I've nothing to hide:

_______________________________________

Hello Ben,

Glad to see you back in the country.

As I have said all along, please feel free to ring me at any time to discuss the matter. I am still open to listening to your suggestions of a peaceful resolution.

I am dismayed at Glen's attempts at intimidating tactics and the untruths put forward.

I won't let up Ben. I want this issue resolved. If by that you feel I'm intimidating you, well tuff luck! You received a car from me that works correctly. I received a car from you, that you knew would need major work done on it. Which bit of that is an untruth?

"The swap was done in good faith."

The exchange was done in good faith. I had good faith that you were exchanging a car that was working correctly. However, it wasn't, and you knew it, which is why you didn't want to go for a test drive. I guess that's my fault for being so trusting.

You also mentioned on the OC, that you are selling the newer Integra, and not your older one. It's pretty clear now that the ONLY reason you swapped with me was so that you would be able to get back the £7500 you knew you would loose on your MR2. Let's face it Ben, it would NEVER have sold for £7500 given it's engines condition.

Please ring me Ben and lets sort this out,

Glen Barnett.

____________________________________

I won't hold my breath waiting for a reply, and more to the point, I have started proceedings in taking Ben to the small claims court to try and recoup the cost of the repair.

Peter Gidden has been very helpfull in this matter, and has stated catagorically that Ben was made aware of the fault on two seperate occasions, but Peter was never instructed to resolve the matter. Needless to say, Ben failed to mention anything about this in his advert, nor at the point of exchange.

EarL.

[tonigmr2]

Also, if it was (and in my opinion I do not think it will) your restriction to his costs would be circa £80.

Call me dull, but I'm not sure I know what you mean mate. Can you explain...?

What they mean is that if you loose, the most you will have to pay him would be £80. So it's worth a pop.

Hope it gets sorted for you.
T

[wiggee]

Ben was good enough to email the MR2OC and get the thread that was shaming him locked. Furthermore, the admin have said that if anyone posts regarding this subject, it will be removed.

Maybe its cause the legal stuff but its ashame they should have your back and as long as they are not involved .

this type of thing really annoys me i h8 dodgey sellers why on earth is there always someone outhere looking a quick £$ or too simpley rip others off. ,if its not some scalley , gadgey,tramp in the street its someone you think you can trust.

[JeffD]

Dont post about link below on this thread but please comment on it on its own thread (I hope this makes sense!)

http://www.imoc.co.uk/forums/viewtopic.php?t=84777

[Martin F]

im pretty pee`d off with bens attitude towards this....if your reading this ben then get your finger out and sort it out, your bang out of order so do the right thing and return earl`s car and take your own one back...your letting yourself and many other members or the mr2 community down and this can be sorted by doing whats right...

[ben.g]

now i'm back in the country and read though the pages and pages of slagging me off both on here and mr2oc, i can comment for myself.

without going into massive detail i have a couple of things to say.

i did not get the thead on the mr2oc locked, this was done before i had chance to post in it.

i am dealing with glen direct for a resolution, if i knew the piston slap noise was an absolute detroment to the engine i would of had i repaired along with the crankshaft.

i am not the type of person to rip off anyone let alone a club member

[EarL]

i am dealing with glen direct for a resolution, if i knew the piston slap noise was an absolute detroment to the engine i would of had i repaired along with the crankshaft.

But Ben, Peter did warn you about it. On more than one occasion, and yet you mentioned nothing about it either in your advert or when we exchanged cars.

Why?

i am not the type of person to rip off anyone let alone a club member

I beg to differ...

EarL.

[Martin F]

i am dealing with glen direct for a resolution, if i knew the piston slap noise was an absolute detroment to the engine i would of had i repaired along with the crankshaft.

But Ben, Peter did warn you about it. On more than one occasion, and yet you mentioned nothing about it either in your advert or when we exchanged cars.

Why?

i am not the type of person to rip off anyone let alone a club member

I beg to differ...

EarL.

ok ben, if your reason is genuine and you are the top bloke i though you were then i will be the first one to not just apologise but be one off the first too applaud you

lets hope this is sorted as quickly as it should have been in the first place

[EarL]

i am dealing with glen direct for a resolution, if i knew the piston slap noise was an absolute detroment to the engine i would of had i repaired along with the crankshaft.

But Ben, Peter did warn you about it. On more than one occasion, and yet you mentioned nothing about it either in your advert or when we exchanged cars.

Why?

i am not the type of person to rip off anyone let alone a club member

I beg to differ...

EarL.

ok ben, if your reason is genuine and you are the top bloke i though you were then i will be the first one to not just apologise but be one off the first too applaud you

lets hope this is sorted as quickly as it should have been in the first place

Mate, if Ben gets this sorted, you'll have to get gehind me in the queue to applaud him...

[vanilla.coffee]

more too the point, any luck with ben getting back in touch with you yet

Yes,

Ben was good enough to email the MR2OC and get the thread that was shaming him locked. Furthermore, the admin have said that if anyone posts regarding this subject, it will be removed.

Good to see that nothing has changed over there then...

Can I just clarify Glen that I had decided to lock the thread before Ben PM'd me.
People were beginning to post in a way that ultimately could have done your cause more harm than good. So it was locked. Ben then PM'd me and asked that I add a response on the end of the thread. He did not ask me to close it.

Just wish to make that clear for you.

VC

[EarL]

Here's Ben's latest email to me:

Glen,

the reason it took two months if not longer to diagnose the broken crankshaft was because the car was sat waiting in the backlog of cars sbits had to work through until mine was next in the que.

as soon as the said noise became apparent it was pretty obvious something wasn't right. fortunately it happened approx half a mile away from my friends farm. where the car stayed until sbits had enough room to accomodate the car. allowing me to arrange the hire of a trailer for transprtation of the mr2.

sbits were never employed to fully diagnose the piston slap noise as Peter has quoted in his email to you

"engine noise that we felt was nothing other than piston slap"

at no point was i informed that it was a serious problem that needed to be dealt with. in my experience of engines with forged pistons, they all aound the same.

We acknowledge you are seeking legal advice and we await contact from your solicitor regarding this matter. Please note we are also seeking legal advice and until we receive that advice we are not willing to enter into further corrospondence with you.

We hope you understand our position.

Rgds Ben

I have now spoken to Peter Gidden at some length, and he has confirmed catagorically that Ben WAS informed on two separate occasions about the piston slap.

EarL.

[3S Service Centre]

As a complete outsider to this situation there are a few things that spring to mind.

Gonna play devils advocate here for a bit!!!

Piston slap is not a bad thing.

The high knock readings on the commander means nothing, as i understood the apexi uses the stock knock sensor which is only listening for a frequencey of detonation not noisey pistons???

Who o why o why would anyone of Peters experience put the pistons back in if the looseness in the pistons was so bad it would create more than acceptable slap, afterall with the crank out, a quick hone and larger piston would give a immediate fix, and surely if the customer was given the option to fix whilst the crank is out i find it hard to beleive he would accept knowing what future trouble it would create if not sorted.

Were the pistons measured / were the bores measured? what were the measurements? is it pistons slap or the crank? or det?

I honestly didnt think anyone would buy a tuned motor with a forged build and pay for it without driving it.

Im not convinced Ben has done anything legally wrong, even though his morals are in the sole of his shoe.

Being a complete outsider to the situation there are a few words that keep popping up when reading about this unfortunate situation for Glen.

Why
Why and why
because when you by private you buy sold as seen.

I have seen this situation with a Landrover engine failed before it got home, it went to Court and the claimant (a freind) got nothing but an exchange of words and laughter from the defendant.


Sorry for you Glen but is this simply not a case of caring for your hard earned better???

James