HELP PLEASE Legal? Safari DTRONIC plug in power away, STOLEN? OBTAINED BY DECEPTION?

[Anth120playdo Banned Find all posts View Profile Close Anth120playdo]

Hi everyone,

Try to give you the shorter version of getting ripped off......

I purchased my current 120 2003 kzj120 in october last year.
I purchased it privately, the guy seemed relatively honest and staight forward.

Included in all the info he gave and told me was that it "has a power chip that plugs in and can be unplugged if i dont want to use it and that it gives it about 10%". All the info he had given did check out......so far.....
I had always thought that mine drives like any other kzj120 manual, been a bit lazy to have a look, just thought if its this slow with a chip, it would be real slow without it, so no real need to look.

So im browsing Prado stuff on ebay..........might need an exhaust?? to go with the chip??
I come across a chip just listed to start bidding at $1.......mmmmm.......
no need to go into the 10 ways of confirming its the one....But its the one...MY CHIP......

What a coinsedence I found it..... Karma kikking in......?

now to get it, or the cost of a replacement back!

[ntp Addicted PP Member Find all posts View Profile Close ntp]

Not sure you should rely on this forum for legal advice.

It seems from what you have said that there are many variables you will need to consider, and also a number of difficulties that would need to be overcome to prove an alleged deception. It also seems that time passing since the sale will also make this difficult.

Have you made a demand against the vendor for him to immediately provide you with the chip on the basis you have apparently already purchased it? This might be the best first option. If you do, try to keep a record of this conversation in case you later need to rely upon it for other proceedings.

If you want legal advice - it'd contact a professional. Not sure the police would be too keen to pursue, unless you have really good evidence to substantiate your claims and demonstrate a clear link between your sale and the item on ebay.

[Anth120playdo Banned Find all posts View Profile Close Anth120playdo]

Just wanted to let you know im not silly enough to "rely on this forum" just putting it out there.......
I can prove the link between the item, he is not denying that..... yet.... :-)

[ntp Addicted PP Member Find all posts View Profile Close ntp]

I can prove the link between the item, he is not denying that..... yet....

If you can identify item and he isn't denying... make a demand of him for its return indicating your intention to pursue the matter further.

[MidLifeCrisis Out of control poster! Find all posts View Profile Close MidLifeCrisis]

Its a fair trading issue. You will have a bit of a battle unless he gives in quick. Tell him you want it as it was a condition of sale or you will report it to fair trading for misrepresentation and deliberate deceit.

Police do NOT get involved in consumer/commercial disputes.

I am not a lawyers and this is not advice, just sharing experiences.

Ultimately it is his word against yours unless he "stuffs up his story"

[Anth120playdo Banned Find all posts View Profile Close Anth120playdo]

If you can identify item and he isn't denying... make a demand of him for its return indicating your intention to pursue the matter further.

I can identify, and prove this, will be making formal demand.

[Anth120playdo Banned Find all posts View Profile Close Anth120playdo]

I attempted to correct a spelling mistake and lost the lot.....
iPhones.....

[AJ120 Out of control poster! Find all posts View Profile Close AJ120]

All you can really do is apply pressure to him, threaten him with legal action, pester him relentlesly and hope he gives in. In reality though you can't get blood out of a stone and legal action will cost you more in time, heartache and money than it is propably worth.

Making lots of constant noise is usually the best bet, he might give in just to shut you up.

Cheers Andrew

[ntp Addicted PP Member Find all posts View Profile Close ntp]

All you can really do is apply pressure to him, threaten him with legal action, pester him relentlesly and hope he gives in. In reality though you can't get blood out of a stone and legal action will cost you more in time, heartache and money than it is propably worth.

x2... sadly there are extra risks with private sales...

Also see: http://www.lawhandbook.org.au/handbook/ch14s03.php

[Anth120playdo Banned Find all posts View Profile Close Anth120playdo]

All you can really do is apply pressure to him, threaten him with legal action, pester him relentlesly and hope he gives in. In reality though you can't get blood out of a stone and legal action will cost you more in time, heartache and money than it is propably worth.

Making lots of constant noise is usually the best bet, he might give in just to shut you up.

Cheers Andrew

Hi Andrew,

Thats pretty much what i had in mind to start with, but remembering, Its not blood or a stone, its just an item, which he does have, and had sitting for months, he advertised and sold to me with his vehicle.....
He did the sneaky, but not denying it, just trying to justify it......
I know if i was trying to get $$$ out of someone who may not have it, is a whole different kettle of fish......
I would think hes the kind of guy that would do the right thing......
Maybe he's trying to justify what he done to make him feel ok about it....

[MidLifeCrisis Out of control poster! Find all posts View Profile Close MidLifeCrisis]

You probably have a case. take it up with fair trading or the courts, subject to the value of your claim will cost you a fortune. Fair trading will costs bugger all. Self representing in court for a smalls claim may be an option. ie Item is about $1k

[D4D Addicted PP Member Find all posts View Profile Close D4D]

Caveat Emptor

Put it down to experience and move on

[mackayvx Advanced Member Find all posts View Profile Close mackayvx]

Maaaaateee.... knock on his door and knock on his head... i hate ripp off scum.

[AJ120 Out of control poster! Find all posts View Profile Close AJ120]

You probably have a case. take it up with fair trading or the courts, subject to the value of your claim will cost you a fortune. Fair trading will costs bugger all. Self representing in court for a smalls claim may be an option. ie Item is about $1k

In my experience even if you do go to the small claims court and win, if the other party isn't co-operating you still get nothing. If he then says, I no longer have it, or some other BS excuse what happens? You take another day off work, go back to court and get another ruling, maybe he has to pay you the value. He negotiates to pay $5 a week but never makes a payment, so you go back to court and he tells the judge his dog had to go to the vet and it cost a fortune........ cry sob, and so it goes on and on.

You are sick to death of the whole thing before the judge finally says pay up or your in contempt, anyway thats my experience with small claims, rent tribunial is the same (speaking as a landlord), and other experiences I won't go into.

If he calls your bluff, your stuffed!

Cheers Andrew

[berniebgf Senior Member Find all posts View Profile Close berniebgf]

If you know where he lives, pay a visit every night and ask for the Chip.

Every day, on and on.... Night and day, any time you are in the area...call his mobile, call his mobile, again and again...
Follow him to work and then start asking for him at reception......Usually will not take to long.

Bernie (Bit of a joke with a undertone of seriousness....).