MALCOLM Kleemann K4 E55 on ebay - Did somebody in here buy it? - Page 3

Dec 28, 2008 | 11:22 AM

#51

jangy

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Joined: Sep 2004

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From: San Diego

2015 S212

Thanks jamusa.

OK, so I get the part where the work itself may be less than par and that would be a hard thing to dispute or prove. But, I guess I was under the impression that people were being charged for parts, services and not getting them or getting an alternative which would be easier to show. I see how it is a civil matter and would be a very time consuming thing to get any resolution.

This sounds like a good case for a cllass action. I have a lawyer that is looking for these type jobs is why I am asking so many questions...

Dec 28, 2008 | 01:50 PM

#52

itsmeek

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Joined: Oct 2005

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From: D.C. METRO AREA

Nissan GT-R cobb/midpipe/ic piping/wastegate actuators/tials

Quote:

Originally Posted by TectiteK4E55

Guess I was that sucker...I wish I knew about this forum before I bought this car. If I had known it had been trough this kind of abuse, I NEVER would have bought this car. I bought the car for $35K plus travel expenses. I drove it from MD to CA. Malcolm is now no longer communicating with me, In fact today he lectured me for calling his shop and after telling them to let him know I will get an attorney involved he called me back saying the reason for no response was that he just had surgury and is recovering. After I asked him why he told me the car was only raced a handful of times and ran consistent 11.40's and that I now know it was raced a hell of alot more than that with nitrous and running mid 10's, he hung up. I sent him another email to both his email addresses I have 2 hours ago and am going to see if he responds. Any comments, information, or pictures/videos of this car will be much appreciated from any of you that have this on Malcolm, his shop, or this car. If he tries to make good on this I will keep the car, if not I guess I will proceed with suing him.

No offense meant here at ALL, but what exactly are you going to try to sue him for? Ever heard of "buyer beware" laws? I hope you get some sort of money back but I don't think you will. As a former car dealer (put myself thru grad school). I saw a lot of crooked *******s and every time they got away with it. The good thing is that when you treat people like crap- your business usually will fold. The bad thing is- MD and VA protect these crooks with a bunch of bs bylaws, for example:

A dealer in VA has 2 months to send you the title, if they can prove there is a valid reason they don't have it, they get another month, if they can again prove a valid reason- they get another 3 month extension. This is how dealers in VA and MD play the whole "money game"- they have the money from the sales of their cars floating while the owners of the cars are left in limbo. I like to change cars every 3 months or so- I went thru hell with the last 996 Porsche I had. I paid about 30k for it but the lawyer fees would have cost me another 15k on top of that, so it wasn't worth it and the DMV special investigator told me the same thing.

Last edited by itsmeek; Dec 28, 2008 at 01:56 PM.

Dec 28, 2008 | 09:44 PM

#53

jangy

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Joined: Sep 2004

Posts: 13,394

Likes: 6

From: San Diego

2015 S212

Quote:

Originally Posted by itsmeek

No offense meant here at ALL, but what exactly are you going to try to sue him for? Ever heard of "buyer beware" laws?

I assume this is somewhat like the buy it "as is" concept. From speaking with my brother (class action lawyer), you are right about being able to prove some damages. BUT, depending on documentation, etc. The actual transaction could have had plenty of opportunity for the seller (individual not dealer) to set themself up for fraud at a minimum.

I am curious that you say your case would have taken $15K in lawyer fees and would not be worth it. Money aside, can you elaborate on what basis you would have been able to sue? Are you saying these guys get away with it because it isn't worth someones resources to go after or because they will lose the case?

The reason I ask is simple. In a class action case, the one suing pays nothing. It may not be worth it for one person, but when you make it 10 or 20 people, then all of a sudden the outcome is in better odds. Also, some don't care if they get anything back and may just be satisfied to see the fraudulent seeler get time and lose money.

Allowing scams like this to go on affects more than just one person. Last thing, at this point VA and Maryland laws become irrelevent since it would be raised to the federal level. DMV will do nothing because they broke no DMV rules. Local law may also not do anything because no local ordinances were broken. However, the US has very specific and well established precedences for acts commited accross state lines....

Dec 29, 2008 | 11:20 AM

#54

itsmeek

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Joined: Oct 2005

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From: D.C. METRO AREA

Nissan GT-R cobb/midpipe/ic piping/wastegate actuators/tials

Well, DMV basically told me they have 6 months to give me the title- however there is a clause in there that says if they haven't delivered 3 months after full payment I have the right to take the car back to the dealership. Plus there was a lag between every time they sent me the new set of temporary tags (1 week the 2nd time). Every lawyer I called refused to take the case- and the ones that would take it quoted way too high. I eventually got my title by going thru the police and them putting pressure on the dealer. The police did say that I didn't have any real angle but that they have seen this dealership do this many times before and they would be glad to pressure them.

Dec 30, 2008 | 02:42 PM

#55

jangy

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Joined: Sep 2004

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From: San Diego

2015 S212

Looks like there have been criminal cases:

United States of America v Malcolm Lonesome
Warranty fraud expert witness for defendant
United States District Court for the District of Maryland

The "expert" witness for the defendent was

Roger H. Schmedlen, CPP, CFE, CII, MIPI
Board Certified in Security Management

For detailed information on Mr. Schmedlen's experience on this subject, please request this by e-mail expert@lpconline.com or call him direct at 810/629-7569 during normal business hours.

SOURCE: http://www.securityexpertonline.com/index.htm