Year of made

[avictar]

BTW, this would involve a lot of your time...why i say this is because the onus is on you to prove that fraud has taken place against you by this dealer...secondly, it will involve you inquiring from the japanese all the necessary documents...whether they would furnish it is up to them...you want to use a court order to facilitate this, it;ll be futile as no arbitraition has been agreed....court order from malaysia would be useless in japan vice versa...but at least it gives strength...so other ways are via connections in japan (but pay a lot more) to get the necessary documents to further establish your case....

sorry bro but just paiting a reality picutre here....but i sure hope that it will not drag on on the courts...whatever you can settle of court the better....

 

[edk]

Hi Avictar,

I know this is not going to be easy. But I have other evidents which I can't disclose to you guys at the moment. I really need to talk to my lawyer's advise before the next course of action.
It is just unlucky that I ended up in situation like this.

 

[avictar]

Rigth bro...good luck...keep us posted at least we can learn from this....

 

[KL2DC]

just read the thread...

edk, I think you're doing the right thing by throwing the book at the dealer. At the end of the day, its the principle of the matter. The car was misrepresented maliciously and no amount of freebies, apologies etc is going to cut it. I say show that dealer , you mean business....

Do you have evidence the car was clocked? I think customs papers might show mileage at entry right?

Good luck...

 

[edk]

Hi KL2DC,


My lawyer told me that I have sufficient evidents to win the case. It is very clear that they had falsified the documents. I will NOT let this unsrupulous car dealer get away with it.

Thank for you guys' support.

 

[funfer_fahrer]

Originally posted by edk@Jul 14 2006, 02:51 PM



My lawyer told me that I have sufficient evidents to win the case. It is very clear that they had falsified the documents. I will NOT let this unsrupulous car dealer get away with it.

Thank for you guys' support.

Way to go bro! Remember, "they can fool most of the people most of the time, but....not all the people all the time". They forgot that your name did not appear under the list of people that "can be fooled all the time".

 

[safri]

i'm proud of your perseverance man, many would have given up by now. just remember that the car dealer could argue that he did not implicitly or explicitly cheat you as it was clearly stated in the registration card that the car was indeed manufactured in 2000. i'm not sure bout japanese reconds but for CBU imported new from for germany, as you're clearly an expert by now, "tahun dibuat" for such a car will be the year the car arrives in malaysia though the car could be produced a year earlier...the best is to check the VIN.

 

[edk]

Hi Safri,

Year of Made and Year of Registration are two different things. Year of Made is the Birth Certificate and this data is kept by BMW. (Year of Manufacture= Production Year = Tahun Dibuat). The dealer tried to explain that they followed the registration date in Japan. This is totally NONSENSE. So I asked the dealer, I am the first owner registered in Malaysia. If it follows date of registration, my car should only be 1 year old if i were to sell it now, right???

By the way, JPJ will base on the documents that submitted by the car dealer. So, if the submitted documents shown Year 2000. They will just follow.

What i am interest now is the Year of Made that CONFIRMED by BMW.

For your info, I have obtained a letter from BMW confirming the year of made/manufacture (tahun dibuat) of my car. So, the car dealer can't deny it anymore. As i mentioned earlier, I have another piece of powerful evident which I can't disclose now. Will share with you guys after i have settled the case.

 

[KL2DC]

edk: right on!.... you can easily get the exact date of final production (not just year), original color, options, plant code etc from the VIN. Plus, I do not think its far fetched to keep track of mileage through previous documentations (annual insepctions etc.). Simple case of misrepresentation....go for blood h34r:

 

[edk]

Hi KL2DC,

The written confirmation from BMW includes month and year. I suppose if i need them to confirm the day, i don't think it will be any problem.

I am not quite sure about the mileage because I couldn't find it in any of the documents, including the AP.

 

[edk]

Hi guys,

Sorry bout the long silence.

After many discussions and exchanged of lawyer letters. I had final settled the issue with the car dealer instead of going to court. Since it was a pre-facelift model and the second hand car price had dropped substantially, I had returned my car to the car dealer at a mutually agreed price. At the end, I do suffer some losses.

For your info, I did check with my friend in customs bout the use of 'year of registration' and 'year of manufacture'. Apparently they will accept both as long as it is substantiated by documents from japan (which can be easily forged). it seems that this is a grey area. For those who intend to purchase re-cond cars, i would advise you to check with VIN before committing. Never rely on the documents displayed by the dealer.

After my incident, BMW Malaysia will not issue any written confirmation to confirm the 'year of manufacture' anymore. I called them up last week to check on the car that i intend to purchase and they told me that they can't release any information to me.

A very big thank you to all the sifus who had been giving me advice.

 

[vobs]

So no more bmw or buying a new one?

 

[rezzy3181]

sorry to jump in...what are the losses that you kena? is it the time you use the car? they return back your deposit and what happen to your loan?

 

[funfer_fahrer]

My good friend just had a similar incident. He was really interested in E46 and he asked my opinion. Finally, he found a car that he liked and, without thinking twice he straight away purchased the car. He told me that it was E46 328i M52 2001 model. I was shocked! I could tell him off hand that there was no such thing as 2001 328i. The last batch was manufactured in 2000. Later, after I checked his VIN number it was actually 1998 model. The orange seat belt tag was not in view. Now, he felt really bad.

 

[edk]

I like BMW and will still be getting one. But definitely NOT from the same dealer lah!!! I will suffer more losses if i were to sell it as a second hand car. Since i had used it for nearly a year, I think it is ok!! If anyone buying a 323i (2.5) yr 2000 model. pls check the particular..ok!!

funfer_fatrer, what's your friend going to do about it?? Just let the dealer get away with it??

 

[omegaoracle]

My good friend just had a similar incident. He was really interested in E46 and he asked my opinion. Finally, he found a car that he liked and, without thinking twice he straight away purchased the car. He told me that it was E46 328i M52 2001 model. I was shocked! I could tell him off hand that there was no such thing as 2001 328i. The last batch was manufactured in 2000. Later, after I checked his VIN number it was actually 1998 model. The orange seat belt tag was not in view. Now, he felt really bad.

Been reading and following this case since edk brought it up to my attention during tt. Although i'm glad edk had mananged to settle his case, but, its very disappointing to see that edk's case is not the exception, rather its like a norm now for dealers to cheat consumers left and right!!

Guys, come on... we work hard for our money, and save for the simple pleasure to drive our UDMs. Then we have CIP3K dealers who cheat, falsify and lie just to make a few bucks.. may they rot in hell... is there any proactive action we can take to so that others may be warned or even protected?

How about creating a BLACKLIST of dealership and/or name of the salesperson?

*very angry UDMer*

 

[omegaoracle]

I like BMW and will still be getting one. But definitely NOT from the same dealer lah!!! I will suffer more losses if i were to sell it as a second hand car. Since i had used it for nearly a year, I think it is ok!! If anyone buying a 323i (2.5) yr 2000 model. pls check the particular..ok!!

funfer_fatrer, what's your friend going to do about it?? Just let the dealer get away with it??

bro, have to managed to get ur new ride yet? pics please...

 

[funfer_fahrer]

I like BMW and will still be getting one. But definitely NOT from the same dealer lah!!! I will suffer more losses if i were to sell it as a second hand car. Since i had used it for nearly a year, I think it is ok!! If anyone buying a 323i (2.5) yr 2000 model. pls check the particular..ok!!

funfer_fatrer, what's your friend going to do about it?? Just let the dealer get away with it??

I already assigned a lawyer to him. The lawyer will take care of everything so that my friend can continue his normal life.

 

[dumeort]

funfer_fahrer ... expensive ah if engage lawyer to fight case like your friend here ? If he win the case all the cost will be beared by the dealer ?

 

[funfer_fahrer]

funfer_fahrer ... expensive ah if engage lawyer to fight case like your friend here ? If he win the case all the cost will be beared by the dealer ?

First of all, the dealer is not going to win the case. No way. The lawyer has done it before, well something similar in nature. That is why the lawyer is so keen. The dealer will have to find his own lawyer. That is his problem. If my friend wins the case, the lawyer of course, will get certain percentage.