I'm sitting in my hotel working away again bored and I have 1 sad story for yuz that happened only the other week to a good mate of mine.
I have a mate that wanted to do a HK monaro (I know not a torie, but I'm telling a story) he found a rolling shell and did full research on
on the numbers, tripple checked all of them before buying the build, 2 years it took him to complete it, beutiful car, white with the black stripes.
He took it to get it rego'd 2 weeks ago after a bluey and after finishing it to a very high standard (show quality) and after getting it blasted during the build before paint and panel the 3 on the body number the last digit turned into an 8 it had been filled.
He didn't notice this throughout the build as the numbers once primed are hardly visible.
It ended up the body is stolen, the cops took the car, they were good to him an bought a car cover for it though, poor bloke, he got a loan to build this car in memory of his late father, pushed to get it done by November this year to take his daughter to her high school formal in it and get to the RTA and you know the rest.
i felt like crying for him,
I feel like starting raffle for him or something to help him out.
It's going through court at the moment as only the body ended up being stolen, so he owns all the parts on the car and the chassis, problem is the original owner wants his car back which is only a shell but wants his car back regardless.
He managed to get a court order to have it returned to his house and this happened only hours befor the previous owner was picking it up.
I can understand the owner of yesteryear wanting his car back, who wouldn't want there car back, it was stolen off him like 20 years ago though and the body was sitting in a wrecking yard for years before it was found.
The owner of yesteryear also knows its only his body not whole car and is still taking my mate to court to try and get the whole car,
My mate even offered him a considerable amount of money to sign the body over.
126 replies to this topic
#2
Ice
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Posted 01 December 2013 - 07:23 PM
Thats absolute bullshit id be getting a bloody good lawyer
#3
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Posted 01 December 2013 - 07:26 PM
You think the bloke that use to own the car would just look at it and say mate ill accept half of what you offered for the body, you've done a mad job, and I'm glad you saved her.
#4
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Posted 01 December 2013 - 07:29 PM
If the former owner wants it back i would strip it to shell and tell him to come and pick it up frOck him
#5
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Posted 01 December 2013 - 07:39 PM
He offered the old owner 5k for the shell that wasn't in great condition when my mate got it , as you could imagine from 15 years of sitting on top of a container in a wrecking yard. Or he said if you want the whole car it will cost you 45k (to buy of my mate) and if you want you body back, only, it will have no paint (and a couple of mysterious dents I would say).
This has all gone through the solicitor and it's only cause of them he has it back in his shed till the hearing is over
It's cost him already over 5 I think in lawyers.
This has all gone through the solicitor and it's only cause of them he has it back in his shed till the hearing is over
It's cost him already over 5 I think in lawyers.
#6
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Posted 01 December 2013 - 07:45 PM
I rang him just after he passed the blue slip and he was at home having a few coldies, this was a Thursday and was planing a mad cruize on Friday night.
It's only cause he's a nice guy he didn't loose his s#*+, imagine watching your wheels that you worked so hard on going on the back of a tilt tray to the cop shop.
It's only cause he's a nice guy he didn't loose his s#*+, imagine watching your wheels that you worked so hard on going on the back of a tilt tray to the cop shop.
#7
Bazza
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Posted 01 December 2013 - 07:53 PM
HI
It may well be that the original owner was paid out at the time of the theft by his insurance company. This means that he is no longer the rightful owner. Just a thought.
Cheers
Bazza
#8
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Posted 01 December 2013 - 07:56 PM
HI
It may well be that the original owner was paid out at the time of the theft by his insurance company. This means that he is no longer the rightful owner. Just a thought.
Cheers
Bazza
That correct bazza so by law he hasnt got a leg to stand on
If he was paid out
#9
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Posted 01 December 2013 - 07:57 PM
HI
It may well be that the original owner was paid out at the time of the theft by his insurance company. This means that he is no longer the rightful owner. Just a thought.
Cheers
Bazza
Just saved me typing similar thoughts Bazza.
Insurance or no Insurance, surely as 20 years has passed the courts will see common sense and find in favour of the current owner
#10
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Posted 01 December 2013 - 08:06 PM
This is the law we are talking about,don't use the word common spence and the law in one sentence cause it won't happen,I hope he wins though
Philleip
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#11
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Posted 01 December 2013 - 08:06 PM
Yeah I thought the same but uninsured back in the day,
The thing that eats me about the deal apart from my mate working so hard on it was the previous owner didn't seem too keen untill he saw a picture of the car.
Anyway I too think the law should see the logic.
I'll keep yuz all posted, I think in the new year it will be finalized and next time I'm at his house ill get some pics.
The thing that eats me about the deal apart from my mate working so hard on it was the previous owner didn't seem too keen untill he saw a picture of the car.
Anyway I too think the law should see the logic.
I'll keep yuz all posted, I think in the new year it will be finalized and next time I'm at his house ill get some pics.
#12
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Posted 01 December 2013 - 08:09 PM
Hope it all pans out good for your mate alex fingers crossed bud
#13
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Posted 01 December 2013 - 08:19 PM
Hmm hard one can see it from both sides but hopefully an agreement can be worked out. Just makes you hate car theifs even more dodgy pricks.
#14
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Posted 01 December 2013 - 08:21 PM
If it were mine it would be in a car carrier the day of the trial, with a trusted friend behind the wheel..... Win win....
#15
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Posted 01 December 2013 - 08:22 PM
hey gtr 82911 i hate to say this mate but if the old owner never got paid out or even if he had no insurance he will get his car back that's the law im afraid as Its still legally his car i know of a warwick yellow hk gts 327 Monaro fully restored from the ground up that had been stolen 23 years ago the the guy went to rego it and it came up stolen the previous owner got his car back as he was never paid out...surely though if the previous owner has any human decency though he will see how it was when your mate got it and work something out with him...
#16
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Posted 01 December 2013 - 09:39 PM
any before pics?
the lawyer would have said it anyway but make sure the judge sees the state of the car before the resto not after
the judge can make/suggest the owner accept payment not take goods
and i'm sure it's on the pre restored value not the restored value
also make the judge aware a offer to pay out has been offered and put a value on your mates work
...say 30k
on all the work done to the shell
make sure if he has any receipts relating to the shell ie blasting, hours spent on the body work paint/primer
etc etc
and they get shown
the previous owner is entitled to his shell back but only in the same condition it was at the time of his ownership
and your mate is entitled to compensation for the work done tmk
but just check that with the legal dudes
i'm sure if he's faced with a 20k bill to get his shell back he'll think twice about a 5k offer
btw a ht base model rolling shell just sold here for 3.5k
the lawyer would have said it anyway but make sure the judge sees the state of the car before the resto not after
the judge can make/suggest the owner accept payment not take goods
and i'm sure it's on the pre restored value not the restored value
also make the judge aware a offer to pay out has been offered and put a value on your mates work
...say 30k
on all the work done to the shell
make sure if he has any receipts relating to the shell ie blasting, hours spent on the body work paint/primer
etc etc
and they get shown
the previous owner is entitled to his shell back but only in the same condition it was at the time of his ownership
and your mate is entitled to compensation for the work done tmk
but just check that with the legal dudes
i'm sure if he's faced with a 20k bill to get his shell back he'll think twice about a 5k offer
btw a ht base model rolling shell just sold here for 3.5k
#17
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Posted 02 December 2013 - 01:32 AM
Sad story. Man I hope he gets it back but as everyone is saying it's most probably unlikely. I had a crappy pulsar stolen that I got paid out from the insurance company. 10 months later, I had a phonecall from a bloke in the country saying they found my car in a ditch with blown motor. I said to him not my problem. Please contact my insurance company. I still haven't changed my owner details for it
Edited by gooley, 02 December 2013 - 01:33 AM.
#18
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Posted 02 December 2013 - 01:48 AM
the rights of ownership would pass to the insurance company then geneThat correct bazza so by law he hasnt got a leg to stand on
If he was paid out
the're not in the business of restoring cars so would more than likely accept offers on stolen goods
but the're not stupid either and know the value of historic cars so sometimes they'd send it to public tender or auction
the police could have also sent it to auction...if the original owner/insurance company couldn't be found
#19
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Posted 02 December 2013 - 11:43 AM
I purchased 'Black' from a known local drug dealer. Before i sank any money into it i set about checking to see if it was stolen. I was trying to avoid this same situation.
Do a Revs check they said! While Revs can confirm if a car is encumbered, it wont tell you if it is stolen.
I was then directed to the Main Roads Dept. They sent me to the Police station.
The Police refused to give me any info & sent me to the Main Roads Dept, who sent me back to the Police.
What were my concerns, they asked? I don't want to throw 30K at the car only to find out at rego time it is hot. They still didn't want to help. One less than helpful officer even commented, "Maybe we will see you at rego time".
In the end i consulted with a trusted solicitor. Before he done anything he asked, "Why do you want this information'?
I explained the previous owners history & my reluctance to restore a vehicle which 'might' be stolen, therefore losing all of my time & money come rego time.
His reply, "You won't lose anything"!
My reply, "How can you be so certain, these things happen"?
His reply, :Because i represent you"! Those 4 words put my mind at ease.
He also said that he had contacted a 'friend' in the MV Fraud squad who said that (his words, not mine) they are not interested in vehicles over 30 yo.
I don't know if it is a state location thing, or i just have a very good legal. I wish i had seen this yesterday as i was speaking to him then.
Are the Police chasing the wrecking yard for selling stolen property?
Where is the car now? Back with the original owner?
The only offer i would give him is the purchase price.
#20
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Posted 03 December 2013 - 08:34 PM
The wrecking yard was in greenacre NSW and was known to be a bit dodgy but has closed.
The car is at my mates house in his garage as his lawyer sorted it till the hearing as its only the shell that is stolen.
The bloke he bought all the gear off (the last owner) has given him all the information and had helped on every way possible.
The last owner had a rough body a chassis and running gear from 3 different cars as he was collecting all the gear to restore one.
He was just working in the area or getting parts or something and looked up and noticed the shell on top of the container, after a closer inspection it was better than the one he had, still rough but not as bad.
It sat in his shed for years before he parted with it all to my mate 2 years ago.
My mate checked with all the authorities about it being legit and it did pass, untill it got blasted and revealed the 8.
I'd say it was a number job in the past when it was a bit easier to do, a skim of bog in the edge of a 8 easy makes a 3 and with a black engine bay easy peasy back then.
Seems a bit funny a HK monaro shell just sitting around at any stage of their life though they have always been a desirable car.
His lawyer did say the owner can't just take the car as he only owns the shell.
The car is at my mates house in his garage as his lawyer sorted it till the hearing as its only the shell that is stolen.
The bloke he bought all the gear off (the last owner) has given him all the information and had helped on every way possible.
The last owner had a rough body a chassis and running gear from 3 different cars as he was collecting all the gear to restore one.
He was just working in the area or getting parts or something and looked up and noticed the shell on top of the container, after a closer inspection it was better than the one he had, still rough but not as bad.
It sat in his shed for years before he parted with it all to my mate 2 years ago.
My mate checked with all the authorities about it being legit and it did pass, untill it got blasted and revealed the 8.
I'd say it was a number job in the past when it was a bit easier to do, a skim of bog in the edge of a 8 easy makes a 3 and with a black engine bay easy peasy back then.
Seems a bit funny a HK monaro shell just sitting around at any stage of their life though they have always been a desirable car.
His lawyer did say the owner can't just take the car as he only owns the shell.
#21
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Posted 03 December 2013 - 10:03 PM
I feel terribly sorry for your mate. Hopefully it works out for him.
#22
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Posted 04 December 2013 - 11:21 AM
Hope the Lawyers can sort this out.
At the end of the day the guy who had it stolen is only owed a shell - so either way I think 'common sense' will prevail considering the alternatives...
Hopefully
#23
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Posted 04 December 2013 - 02:06 PM
What are the chances of the previous owner winning the case and getting the car as it is now? Obviously he will have to pay his own legal fees, you'd think this would be settled out of court.
s
Edited by StephenSLR, 04 December 2013 - 02:06 PM.
#24
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Posted 04 December 2013 - 02:11 PM
He may have legal title to the car, but not the 15K worth of paint job.
I would be removing the paint with a ball pein hammer first. 
#25
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Posted 04 December 2013 - 02:27 PM
He may have legal title to the car, but not the 15K worth of paint job.
I would be removing the paint with a ball pein hammer first.
yep that's the problem mate the previous owner has a legal right to the shell so if they cant work something out he will get it back but im with you if the new owner has to return the shell it would be returned as I bought it dents and all...
Edited by bullitA9X, 04 December 2013 - 02:29 PM.
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