| DelSoln |
| So to basically make a long story short I bought a car for the winter that had it's odometer rolled back by probably a good 50000kms. My question is will there be anyway I can get restitution back from the guy that sold me the car? The car has been good thus far but I am hoping to somehow get at least a 1000 dollars back which is basically the amount he curbed it on me for. Now I just gotta wait patiently until the charges are laid on this guy. |
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| Z32NUT |
| Just another reason to avoid curbsiders. Sorry to hear, dude. |
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| TrevorK |
quote:
Originally posted by DelSoln
So to basically make a long story short I bought a car for the winter that had it's odometer rolled back by probably a good 50000kms. My question is will there be anyway I can get restitution back from the guy that sold me the car? The car has been good thus far but I am hoping to somehow get at least a 1000 dollars back which is basically the amount he curbed it on me for. Now I just gotta wait patiently until the charges are laid on this guy.
You have to be able to prove that he purchased it with the odo at say 250K and sold it to you at 200K.
Which means that whoever is doing the investigating (I believe this is something the RCMP handle over the EPS?) will have to dig up a copy of the bill of sale that the curber had. And anyone who does this would've trashed it a long time ago.
You MAY get lucky and find receipts at dealers, service shops, etc... with the mileage recorded HOWEVER you still have to prove that the curber knowingly sold you the car after the mileage was rolled back while in his possession - very tough to do.
What makes you think the mileage was rolled back as opposed to the car just being poorly taken care of?
If the RCMP don't charge him, it's very unlikely any court will give you any money back - as you have to PROVE beyond a reasonable doubt that he rolled it back, and you can't without the bill of sale when HE purchased it. |
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| MeXx |
| provincal inspectors handle this |
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| DelSoln |
| Well thankfully the first owner from Calgary who sold this curber the car was the one that called the police about this. He still has the bill of sale because it was only a month ago. Then this MOFU brought it over to Edmonton and rolled back the odometer. The VIN# matches the car. When the first owner sold the car it was in the 200000km range. Right now the odometer reads out in the 140000kms. I just want to know if I will be able to get any restitution. |
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| 95IntegraRS |
| More than likely not. It all depends on whether your willing to put in the time to take him to small claims court or not... and I wouldn't advise it. You might just have to take it in the ass on this one... sorry about your situation dude. |
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| TrevorK |
quote:
Originally posted by DelSoln
Well thankfully the first owner from Calgary who sold this curber the car was the one that called the police about this. He still has the bill of sale because it was only a month ago. Then this MOFU brought it over to Edmonton and rolled back the odometer. The VIN# matches the car. When the first owner sold the car it was in the 200000km range. Right now the odometer reads out in the 140000kms. I just want to know if I will be able to get any restitution.
Was it the prelude that the guy sold a dealer in Calgary for 3800 with 2xxK on it?
It sounds like you got enough proof since you have the original owner with you on this. You should be able to give the car back for your money without a hassle, unless the curber's lot declares bankruptcy or something (Possibility if he's sold a lot of rolled back vehicles and realizes it).
However, you may need to go to small claims for this if the owner doesn't give it back - so make sure to get a paper trail (investigation reports, etc...). |
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| n0c7 |
| Not meaning to hijack the thread, but I've noticed that some people buy used gauge clusters and many are sold on eBay, etc. Since the mileage is obviously different than what the vehicle currently has on it, how do you go about matching this or certifying it, etc? |
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| HEWSINATOR |
You do not have to prove beyond a "reasonable doubt" to get money back in cout, you have to prove a "preponderance" of the evidence (you have more proof that it was spun, than it was not).
So in court you very well may win. |
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| 98 teg |
| take it to court know that you have the most vital information, hope it works out for you |
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| TrevorK |
quote:
Originally posted by HEWSINATOR
You do not have to prove beyond a "reasonable doubt" to get money back in cout, you have to prove a "preponderance" of the evidence (you have more proof that it was spun, than it was not).
So in court you very well may win.
Do explain how he can go about proving the mileage was spun if he did not have the bill of sale where the curber bought it.
Oil sample? Condition of car? Those are so owner dependant that they can't be accurate judges of mileage.
If you bring in an oil sample test, the curber has a mechanic sign a statement saying he provided an inspection and the car looked in appropriate condition for his mileage.
The poster would, in this case, have to prove beyond doubt that it was spun because the curber can obviously provide proof it was not (Fake bills of sale, etc...). |
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| HEWSINATOR |
| He said that the owner before the curber has a bill of sale with the true mileage. |
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| n0c7 |
| Roll up the rim to win!! :bthumbup: |
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| socalsupra |
| you need previous records with higher mileage, example if the car was dealer serviced or anywhere that would keep track of mileage, when you register the car its optional but Registrations dont have odometer readings for most cars, by the way what kind of car did you buy? |
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| DelSoln |
quote:
Originally posted by socalsupra
you need previous records with higher mileage, example if the car was dealer serviced or anywhere that would keep track of mileage, when you register the car its optional but Registrations dont have odometer readings for most cars, by the way what kind of car did you buy?
Once again I am pretty lucky on this one. The first owner worked for Nissan so he has all the service records. Oh and it's just a winter car so it's only an old Sentra. Either way I am just looking for the money that the curber profited. Nothing major or anything. |
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