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#37 | |
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Registered User
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Join Date: Dec 2000
Location: Alvin/Houston,TX,USA
Posts: 691
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__________________
86 Buick Regal T-Type - Champion ported heads/intake, 204/214 cam, 60# inj, Alky Control dual nozzle, PTE SLIC, 6262 BB, 3" THDP, 3" exh, hrParts Super SB and CA's, Extreme Automatics Stage II, Pat's 3200, much more. |
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#38 | |
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Registered User
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Join Date: Oct 2003
Location: southern ga
Posts: 1,932
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I do it. I dont play. Been to small claims court 3 times...and havent lost. You have to have your ducks in a row. The cost for small claims court...$53 to file.
__________________
Sour Apple Performance Simply the BEST List of people NOT to do business with on mustang boards: Brian Lutz AKA Bryon Layton Nicholas Boney Ben Shadday Blown96W |
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#39 |
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I really would rather not discuss this further. Yes, we are in the process of going through the court right now. There are many steps that a person has to take prior to getting the court date. I have completed the first 2 steps and will begin the third shortly.
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#40 |
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Registered User
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Join Date: Jan 2001
Location: ON, Canada
Posts: 4,507
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I have been through this a couple of times and I can tell you - as soon as you admit to the judge you waited 8 months you will loose. You can try to explain that you had no money to complete the kit, ect.. but the bottom line is you simply waited too long.
On a side note, you saw the turbo and were given a chance to examine it. Another user said it was like a 93 GT vs a 93 Cobra - this is a good example. I could show you a 93 GT and call it a Cobra BUT you should do your homework and know what to look for. I am not saying the seller lied, if he simply said - sold as is - the rest lies with you. I also agree that offering half the repair was a great offer and if all the posts above are true, I would have taken it. Ian |
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#41 | |
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Registered User
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Join Date: Sep 2004
Location: Painesville, Ohio
Posts: 118
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Well, I'm just going by what I see posted.. I could be totally wrong, but I don't think so. |
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#42 | ||
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Registered User
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Join Date: Dec 2000
Location: Alvin/Houston,TX,USA
Posts: 691
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Quote:
Quote:
Actually, the seller is the one who should do his/her homework, or they may misrepresent a product...such as in this case.
__________________
86 Buick Regal T-Type - Champion ported heads/intake, 204/214 cam, 60# inj, Alky Control dual nozzle, PTE SLIC, 6262 BB, 3" THDP, 3" exh, hrParts Super SB and CA's, Extreme Automatics Stage II, Pat's 3200, much more. |
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#44 |
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Registered User
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Join Date: Jan 2005
Posts: 18
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I don't think it has anything to do with people knowing me or not knowing me. It is about the product that I was sold. There is nothing I could do or say that would change the fact that the turbo is not what he sold to me. There is no way that I would be able to see that the turbo was not a ball bearing turbo. I had to go by what I was told and trust that I was given the correct information by the person selling the unit. It doesn't matter how long it took to find this information. I don't hate ricky and I would still like to believe that he didn't know. However, he sold the turbo to me and it is the seller's responsibility to assure what they are selling is as what they say it is. That is the only reason that I am taking them to court. I just want a fair deal. If the court system feels that I waited too long, then that is fine. All I can do is present the proof that I have obtained and leave the decision up to the judge.
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#45 |
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Registered User
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Join Date: Mar 2004
Location: Grove Tucky Ohio
Posts: 4,482
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I agree with Ian. 8 months is one hell of a long time to wait. I personally would have made sure it was good immediately, especially if I was buying other parts to use with it. I would never wait 8 months to determine the condition of a part I payed $1,000 for.
I just dont see a judge buying the fact that you personally picked it up, agreed to the purchase, and found out 8 months later it was not what you wanted. I do hope that you both are able to get this resolved. I dont feel that either one of you is to blame for this mess, and quick offering to pay half is a very good gesture. He didnt have to have his buddies come in here to his defense, so I offered my opinion. I know nothing of quick, and base all of what I just said off of what I have read in this thread. I wouldnt hesitate to buy from him in the future.
__________________
Give me HEAD till I'm dead |
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#46 |
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Registered User
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Join Date: Mar 2002
Location: Wendell NC
Posts: 3,836
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I bet that the Judge will tell you "Caveat Emptor". You had every opportunity to get it checked out in a reasonable amount of time regardless if you were waiting on other parts.
I see you losing the case since he did tell you that "he in no way used it" and it was in the condition you saw it in. That could be the same as saying "as is" when you buy something and when you get it home it doesn't work. Was there any type of paperwork drawn up at the time? If not then it goes to "he said/she said". And in this case the Judge will probably rule for the seller since no attempt was made for almost 8 months to contact the seller that his "used" product was defective. If you had it checked out within a month and things weren't on the up and up then I suspect you would have a better case. Bill |
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#47 |
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Registered User
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Join Date: Jan 2005
Posts: 18
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Well, I appreciate everyone's opinion. However, I was unaware that a person must send off a turbo and pay to have it inspected just to make sure that it is what the seller says it is. I was always under the impression that the seller has to advertise a product based on the information he knows about it and not the information that he thinks he knows about it or something he thought he read. Does that mean that people have the right to sale a CZ ring as a real diamond and as long as the person doesn't find out in a few months, everything is ok? If he would have told me from the get go that he was unsure about this product, then I most certainly would not have bought it. The facts show differently and at this point, all I can do is present the facts to the judge. If I lose because I waited too long to find out the correct information, then atleast I tried to make it right and I will have learned a very valuable lesson.
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#48 | |
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Registered User
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Join Date: Sep 2004
Location: Painesville, Ohio
Posts: 118
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Quote:
Well, I guess maybe you should have bought a new one instead of buying a used one from someone. Then you could have been 100% sure of what you're getting. It's not like you bought it from a dealer or a retail place... That's the chance you take when you buy used stuff. I really don't have a problem with you saying that you got ripped off, but come on.. After 8 month you wait to check it out and confront the seller? You should have gotten that thing checked out as soon as you got it. I hope the "very valuable" lesson you learn is not to wait 8 months to check out a used part you spent a lot of money on. |
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#49 |
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Registered User
Trader Feedback: (35)
Join Date: Mar 2002
Location: San Diego, CA
Posts: 7,567
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quicktime is a good guy to deal with.
Aything could have happened in 8 months. maybe during the inspection someone tampared, or switched parts over etc and who knows. and well the bottom line is she waited too long. |
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#50 |
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Registered User
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Join Date: Mar 2005
Posts: 26
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Outside opinion here who has also dealt with the purchasing of used parts and had problems. Basically (if my memory serves me correct) unless the seller diliberately tried to decieve you by either falsely labeling the product or packaging the product he is not to blame. Everyone makes mistakes and everyone has different terms to discribe certain things. For example a bullet racing muffler to me could be a resonator muffler to another. Mechanical knowledge also plays a major role. The seller may not even know exactly what he has to sell nor the technical expertise to find out. Sometimes this will favor the buyer where a seller not knowing exactly what he has basically gives away a part, then the seller will go and brag to all his/her friends that they got the part so cheap. There is no way for the seller (after finding out the mistake made) to redeem the part or get reimbursement for selling too cheap. When dealing with purchasing used equipment the buyer should know the in's and out's of exactly what they are looking to purchase. If there are mechanical components they should be inspected by the buyer, or if not mechanically inclined they should have it inspected by a qualified individual prior to purchase.
In this case I do not know the buyer or seller, just bored and felt like putting my $.02 in. |
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#51 |
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Registered User
Trader Feedback: (105)
Join Date: Jan 2002
Location: Georgia
Posts: 6,206
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So basically...a 'friend' tells you it's a ball bearing turbo. You wait months to have it inspected....then the seller offers to pay 1/2 of the rebuild (very generous). Sounds like your 'friend' may have made a mistake. I've bought from quicktime also...no problems.
Fix your turbo and move one. If you had it inspected with a month and had a problem..then I could see you coming back to quicktime with it..but damn...8 or 11 months (whichever)..move on. RH |
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#52 | |
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Registered User
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Join Date: Jan 2005
Posts: 18
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#53 |
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Moderator
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Join Date: Dec 2002
Location: Grayson KY
Posts: 2,702
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If you are buying something and can't confirm it is as advertised don't but it and if you sell something get it in writing the buyer is buying the item as is with no warranties or guarantees and both buyer and seller sign it.
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#54 | |
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Turbo Wizard
Trader Feedback: (1)
Join Date: Jul 2001
Location: Houston, Tx, USA
Posts: 4,238
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Quote:
If you were confused on this piece of knowledge or just assuming it was some other way you could have sent me a PM like you have multiple times asking for information on this deal. I would have answered to the best of my abilities such as when you asked me a month or so ago about the ball bearing stuff. I'd certainly prefered that over making a statement that makes it sound like I was brokering a product which is far from what I was doing. To me it certainly would be nice to know if the turbo was not even runnable. Clearly it turned out to have significant damage, but if it could not even be ran in the that condition or ran without obvious signs(such as smoking like a mesquito killer) then Ricky was lied to by the person he got it from who was lied to by the original owner who was the sole user of the turbo. I do not understand why either of you can not work something out without going to extremes of assuming one or the other was trying to rip the other off.
__________________
--Aaron Rouse http://www.happyhacker.com/ 2003 F250 PSD - Daily driven "rod knocker" 2009 335d - Backup "rod knocker" 1985 300SD - Money pit "rod knocker" |
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#55 | |
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Registered User
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Join Date: Jan 2005
Posts: 18
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Quote:
As I have said in the past, I feel bad for having to pull you into the middle of this whole deal. However, you were directly involved. The only reason that I purchased the turbo was because of the fact that it was supposed to be a ball bearing. If the turbo did not have the option, it would have not been worth the price that you were asking. Obviously I can not use the turbo "as is" and was hoping that ricky and I could have come to a fair deal. However, that was not the case. |
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#56 | |
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Turbo Wizard
Trader Feedback: (1)
Join Date: Jul 2001
Location: Houston, Tx, USA
Posts: 4,238
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Quote:
Again, I was not selling it and you just said "worth the price that you were asking". Again, I was passing on the information I knew about the turbo that was from postings made prior to the turbo and kit being bought by Ricky and I was passing on the price I believed him to be wanting for it. You and Ricky got into contact after that and you two came to some agreement which I believe was at what $1000-1100 and you meeting him in person in some parking lot to inspect the turbo and purchase it. I was trying to help out two local car enthuists(sp?), yes I passed on information on it and information you took as fact(which I took as fact as well) but I never was selling nor was I ever in a position to negotiate a price on it like you imply two messages back. I also never set a price for it since clearly it was never mine to decide what to ask for it and clearly I never collected a cent on a sell from it. I will though be out many cents if/when the court tells me a date/time I need to show up for this deal that the two of you can not seem to find a resolution on since I will be missing work. I know it helps you none and hurts you none, but have you ever considered that maybe Ricky was lied to when he bought this and was "too trusting" of what he was told? That is why I have asked more than once to you if the turbo could even be ran in its condition. If it could not be ran or would have been dead obvious it had some major damage when being ran. Yes, the turbo still would not have the ball bearing but if someone were lying about its runnability what would keep them from lying about the options of it as well. Four people have owned this thing and only one of them has ran it and one rebuilder has pulled it apart. It seems like the rebuilder would be able to judge if it was even runnable and if so if any obvious(like being a mesquito killer) signs might have been present that it had issues. So why are you trying to make this sound like I was brokering the sell of the turbo? Maybe brokering is the wrong word, I have not looked it up in the dictionary to verify my choice of wording. It is certainly one thing to drag a 3rd party into the middle of a battle because that person had involvement due to making the mistake of passing on information about something they knew for sale. It is completely another thing to drag them in because they were selling something for someone else. If you seriously believe the latter then I find it hard to believe you feel bad at all about dragging me into the middle of this. You two should both take some steps back and figure out some sort of resolution to this. Going to court will cost money due to lost wages(assuming everyone works 9-5 jobs and is hourly paid of course) from missed work and the little bit of court fees. Plus the mere frustration of having to turn this into a battle where it should not have to be. If *I* had sold something in a situation like this, I'd say figure out what the thing is worth now which probably is not much, then subtract that off the selling price and then offer something like 2/3 - 3/4 of that amount as a refund and let the buyer keep the turbo to either change into what they do want or sell off to someone at whatever worth was figured out. Just curious but what happen to the thread titled problems with quicktime? Are these feedbacks deleted after so little time automatically? Seems like a silly rule to have on here since makes it hard for people to track down good and bad feedbacks on seller/buyers.
__________________
--Aaron Rouse http://www.happyhacker.com/ 2003 F250 PSD - Daily driven "rod knocker" 2009 335d - Backup "rod knocker" 1985 300SD - Money pit "rod knocker" |
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#58 | |
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Registered User
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Join Date: May 2004
Location: Central California
Posts: 383
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Quote:
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_Project '86 5o... --Brian-- "Braking for corners is a waste of fuel efficiency" |
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#59 |
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Registered User
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Join Date: Jan 2005
Posts: 18
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I am sorry and I never wanted you to lose money out of this deal. However, I have also lost an extremely large amount. I agree that Ricky might have been lied to, but does that mean that it is fair for me to take the entire hit? I am told that I could not run this turbo as is, although I never tried. I wouldn’t want to risk messing up something else on my car.
It was my understanding that both of you knew the facts of that turbo. Even Ricky said that you knew more about the turbo…. And I trusted both of you. I am not saying that either of you intentionally screwed me, but the fact still remains that something went wrong and I feel as if something should be done to make this deal fair. That is the reason that you were dragged into this whole mess. I agree, we should have come to a resolution and yes, I do feel bad about making both of you miss work. Who knows how long this trial is going to take. However, I am out thousands of dollars because of some wrong information. I felt as if $500 wasn’t much too ask considering I will be out more than $1200. I even offered to take a little at a time since he said that he was selling off parts. After all is said and done, I would still be spending more than I would have on a brand new turbo. I think we all got stuck in a really ****ty situation but I stand my position and firmly believe that I shouldn’t be responsible for the entire amount. |
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#60 | |
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Turbo Wizard
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Join Date: Jul 2001
Location: Houston, Tx, USA
Posts: 4,238
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Quote:
You said you were told it could not be run as is, did they expand upon what would happen if it were ran? Ricky being lied to and perhaps the guy he bought it from being lied to certainly does not justify anyone losing money. However it could explain why people are stating conflicting things about what it is. Really everyone is out of money who has owned it except maybe the only user of it had it been in a non runnable condition when sold as a runnable turbo. Yes I probably did know more about the turbo than he did after all I was online in turbo mustang forums every day and for hours on end and reading every single post. So I saw probably every post ever made by the owners of that turbo in regards to turbo mustang forums. However none of the information I passed on at the time was outside of what was in said forums. Now after so much time I think all those posts are gone partly because a) the Corral lost their entire old power adder forum when trying to split it into the three that exist today b) tm.com deletes older posts I know in certain forums if not all of them and c) I think some of the posts were on the old tm.com which its database was lost awhile back due to some computer hackers. I do know at one point in the past couple of months I searched for some of those posts for you and failed to find anything from that far back. So if I read that right all of this mess could have been avoided for $500? That certainly seems rather generous and understanding on your end and definately does not seem like a person trying to pull something. After all someone trying to pull something I think would go for the full amount and then some. Not that I ever thought you were trying to pull something, I just make that comment due to some of the replies in this thread that I think imply that of you. If things would have been approached differently I'd maybe even considered pitching in towards that $500 since I typically have a tight window I can actually work, so it is hard to make up lost hours for me. However I am chalking this all up as a learning experience to try and avoid ever telling someone any details that I know about something used for sale no matter how sure I am that what I am passing on is the facts. Because after all had all I said at the time was hey contact this username because I think he/she has for sale what you are looking for, then I would not be getting dragged in the middle of a [edit]dispute that could have been resolved for $500[/edit] Just as a side note, for not more than $1200 you could buy a brand new better turbo, I think a PT76-GTS is sometimes new for $1300-1400 from shops and supposeably worth more power than a Q-trim T76 with or without a ball bearing. But do not take my word on that, read around and you will see why I make that statement on the GTS. Oh well talking about this online is pointless, both of you seem to be set in stone to just take it to court. So I guess if the court tells me to show up for a trial then "I will see you in court". I would be curious as to what the answers to the two questions I put in this post in the above paragraphs are. Beyond that there is really no point in anyone posting in this thread any longer so best of luck to you in getting the right thing done, whatever the right thing might be in this situation I guess a judge will decide on.
__________________
--Aaron Rouse http://www.happyhacker.com/ 2003 F250 PSD - Daily driven "rod knocker" 2009 335d - Backup "rod knocker" 1985 300SD - Money pit "rod knocker" Last edited by snipe656; 04-06-2005 at 04:08 PM. |
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#61 |
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Registered User
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Wouldn't you be mad if you found out that you just spent $1,000 on something that isn't worth $200. Aaron, we had talked several times before we found the damage. You know that the turbo never made it onto my car. I talked about going to your house to help you with your car once I got mine done. I even asked you if you knew where I could find a housing because the other one wouldn't mount up to the kit. You knew how excited i was to get started on the install. Hell, I even asked you if you wanted to come help me finish the car
I am not lying and I really don't have anything to gain by all of this... I just want to get what I feel is fair and try not to lose everything on this deal. The total of this turbo would be $1700 after getting it fixed. I asked ricky if he could cover $500 of that. I really didn't think that was too much to ask and I definately would have worked with his financial situation. I know we all have our hard times. I'm not here to screw anyone. I just want what is right. Ricky couldn't agree to my offer and so what choice am I left with? I wouldn't take you to court unless I absolutely had to... and unfortunately, I have to. I agree that there really isn't much left to say. The ball is no longer in my court. I said what i would accept and I think my offer was more than fair. I was turned away and now I have to try my only other option. |
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#62 |
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Turbo Wizard
Trader Feedback: (1)
Join Date: Jul 2001
Location: Houston, Tx, USA
Posts: 4,238
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heh ... do not even get me started on what I would make me mad on in regards to financial losses on purchases, some used and some new but they all total up to a figure well over what I am asking for the car I am selling. I could write a trilogy about it without even putting much effort into it. Heck the last experience, which led me to just put the car up for sale, ended up being a $5k loss to me. I can say in all those dealings I never once took something so far as the courthouse, I did once have to call the police out on a shop but that is the most extreme.
Well I hope you are not spending $1700, I'd seriously look into something like one of those turbos I mentioned which is supposed to be less money and one of the best options in those physically sized turbos.
__________________
--Aaron Rouse http://www.happyhacker.com/ 2003 F250 PSD - Daily driven "rod knocker" 2009 335d - Backup "rod knocker" 1985 300SD - Money pit "rod knocker" |
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#63 |
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Registered User
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Join Date: Apr 2002
Location: beaumont,texas
Posts: 6,557
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just getting up for work,and decided to read this thread to ses the latest, i know i was advised to not post on here, but i am going to anyway...i emailed you several times back after we had done the deal Zangel,checking to see how things were going with the install,etc ..if i was such a shady character,seems like you would have never heard from me again..at any rate,anyone can do a search on here and see if there were ever any other bad tranactions with me,there are none , even with parts that people have bought sight unseen from me..i'll say it again,i have never tried to scam anyone before,and that will never change ! i am a very honest guy,and work hard for what i have..i am seriously considering just walking away from this hobby that i have helped alot of friends with,and made alot of new friends with also..and i certainly wish i have never heard of this turbo kit i bought,or had anything to do with anyone associated with it., seeing that you are going to drag someone i consider a good friend into this,and end up costing him money by missing work ,etc..i am willing to consider offering you what i offered before Zangel.it's up to you..however, i want EVERYONE to understand, i am offering this because i am a nice guy,and am
NOT saying i am QUILTY of anything.i just can't stand for a bud to be out of money for something that is asscoiated with me.so,there it is for everyone to see,i made the offer again, |
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#64 | |
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Registered User
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#65 |
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Turbo Wizard
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Join Date: Jul 2001
Location: Houston, Tx, USA
Posts: 4,238
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If you two are coming to a resolution, for the love of god please draw something up in writing so there is no confusion as to what it is.
__________________
--Aaron Rouse http://www.happyhacker.com/ 2003 F250 PSD - Daily driven "rod knocker" 2009 335d - Backup "rod knocker" 1985 300SD - Money pit "rod knocker" |
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#66 | |
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Registered User
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#67 |
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Turbo Wizard
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Join Date: Jul 2001
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Sure, I can do that here in a minute.
__________________
--Aaron Rouse http://www.happyhacker.com/ 2003 F250 PSD - Daily driven "rod knocker" 2009 335d - Backup "rod knocker" 1985 300SD - Money pit "rod knocker" |
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#68 |
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Registered User
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Ok, if that is what you want, I will send the letter. However, I will not include Aaron’s name in the “no contact” rule. As far as I am concerned, Aaron and I are still friends and I would like to remain in contact with him, unless he asks otherwise. I will make it clear that Aaron is not responsible for any funds owed to me, as I never planned on asking any money from him anyways. I will send the letter out today. Aaron, I will send a copy of the letter to your house. Aaron, if you would rather me change the letter to include you in the “no contact” rule…let me know. You know how to reach me.
I personally would like to see this thread closed. |
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#69 |
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Turbo Wizard
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Join Date: Jul 2001
Location: Houston, Tx, USA
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just put me down in the not responsible thing, but if you send it to my house chances are I may never see it so I will just get a copy of it from Ricky unless it requires my signature then I will just make sure people look out for it to my house instead of trashcanning anything they thing is not a bill.
__________________
--Aaron Rouse http://www.happyhacker.com/ 2003 F250 PSD - Daily driven "rod knocker" 2009 335d - Backup "rod knocker" 1985 300SD - Money pit "rod knocker" |
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I am not lying and I really don't have anything to gain by all of this... I just want to get what I feel is fair and try not to lose everything on this deal. The total of this turbo would be $1700 after getting it fixed. I asked ricky if he could cover $500 of that. I really didn't think that was too much to ask and I definately would have worked with his financial situation. I know we all have our hard times. I'm not here to screw anyone. I just want what is right. Ricky couldn't agree to my offer and so what choice am I left with? I wouldn't take you to court unless I absolutely had to... and unfortunately, I have to. 



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