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Another Gmund victim, HELP ME FIND MY CAR.

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alancabriolet

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Sadly I appear to be another victim of the car crash that is Gmund Cars.
In January I gave Gmund 911 Targa and a VW Splittie in exchange for a Porsche 356 Cabrio. It now seems that the owner of the 356 has not been paid. Not unreasonably he now wants it back and my cars have disappeared from Gmund.
So I am now looking for my Targa. If anyone is offered or sees the car detailed below please could you email me at [email protected]
Car advertised at Gmund website here http://www.gmundcars.com/cars/451/911_32_Carrera_Targa_
Being white it is not the most distinctive car but it does have the following extras factory fitted. Air con. Electric windows. Full leather in burgundy including the dash top. Sport type bucket seats with the bigger side bolsters. The leather inside has also been painted, not very well as it is peeling off in places. The front left wing is rusty around the headlight, but not the right one.
Hopefully someone will see it somewhere.
Please feel free to share.
 
Sorry to hear of yet another case.

It seems the police need to be involved, this is ridiculous.

Do you have the 356? Sadly it is up to the owner to recover the funds from Gmund as both your contracts are with Gmund, not each other.

Seek legal advice if you've not already before doing anything.
 
alancabriolet said:
Sadly I appear to be another victim of the car crash that is Gmund Cars.
In January I gave Gmund 911 Targa and a VW Splittie in exchange for a Porsche 356 Cabrio. It now seems that the owner of the 356 has not been paid. Not unreasonably he now wants it back and my cars have disappeared from Gmund.
So I am now looking for my Targa. If anyone is offered or sees the car detailed below please could you email me at [email protected]
Car advertised at Gmund website here http://www.gmundcars.com/cars/451/911_32_Carrera_Targa_
Being white it is not the most distinctive car but it does have the following extras factory fitted. Air con. Electric windows. Full leather in burgundy including the dash top. Sport type bucket seats with the bigger side bolsters. The leather inside has also been painted, not very well as it is peeling off in places. The front left wing is rusty around the headlight, but not the right one.
Hopefully someone will see it somewhere.
Please feel free to share.
Click to expand...

Shocking news.

Alan, if you have a bill of sale for the 356 are the legal owner of the car and the previously owner can't ask for it back, as he had to take his debt issue up with Andrew Mearns of Gmund Cars Ltd
 
Very sad to hear. I hope it gets worked out and Gmund Cars get caught. It's not right.
 
I've posted on DDK. Hope it's gets sorted out.
 
Alan

Just to check.

If you traded your 2 cars for the 356 at Gmund, how are you the victim when it's the original 356 seller who hasn't got paid from Gmund?
 
I suspect the OP is being pressured by the angry owner of the 356. If it was me I would not succumb to any pressure to give the car back and in the meantime might move the car to a secure and out of the way location until this resolves itself.

Good luck to all the victims of this saga
 
This is a bit depressing. I'll certainly think twice before giving any car up for SOR with any dealer.

I know not every dealer will pull stunts like this, but humans are fickle and delicate creatures. Especially the male ego. And when a cash flow problem threatens someone's business, who knows what they might be capable of to try and either save it or paper over the cracks.
 
RXBoxster said:
I guess it depends if he has a bill of sale or contract for the sale and purchase of the cars?

If not, its then a stolen car... as V5/log book doesn't mean you own the car.
Click to expand...

As long as the 356 buyer has fulfilled their obligations, and the 356 has not been stolen as it was left with the dealer on SOR, then it's his fair and square. There is specific law on this - see 'Agency' under 'Exceptions to the General Rule'.
https://www.netlawman.co.uk/ia/selling-goods-non-owner

Edit - text copied as the link doesn't work for some reason if you click on it.

"Agency
An agency relationship exists if a person has the consent of the owner to possess his goods as a 'mercantile agent'. This includes business arrangements where commercial agents are entrusted to make certain decisions concerning property on behalf of a principal.

If a person is in possession of goods, with the consent of the owner, as a mercantile agent, any sale by that person is valid even if the owner does not provide express authorisation for the sale. This means that an innocent purchaser can gain good title to the items if wrongfully sold by the agent.

Examples of agents passing good title to buyers include car dealership scenarios, where the owner of a vehicle gives his consent to a dealer to try and sell the car on his behalf. The owner does not have to be consulted on the particular sale for the transaction to be valid.

Importantly, this exemption continues to apply where the agent's authority to possess goods has ended. The purchaser is still protected if he is not aware that the agency relationship has come to an end. This exemption, therefore, is much wider than the estoppel circumstances highlighted above."

Don't get bullied into giving the car back as that could put you in a difficult legal position of the dealer having supplied you legally with a car in return for your PXs plus cash, but then you giving the 356 to someone else.

I'm not disputing that the 356 owner is in a difficult position, but on the face of it, he is the one in dispute with the dealer as he's not been paid. The 356 buyer's business has been concluded satisfactorily, it is not for him to know what's happened to his PXs or cash paid to the dealer.

Disclaimer - I am not a lawyer.

Take proper legal advice before doing anything.
 
He deserves clink time. Just have a look how many people's lives he's affected with his carry on. I hope he does get jail time that way he can st one for his sins whilst Big Cedric is giving some special cuddles.
 
if this couldn't get any weirder

any attempts by the former 356 owner to reclaim the car that he doesn't own and sold through his SOR arrangement with Gmund would actually be theft

whoever this former 356 owner is, stop chasing Alan and get from Andrew Mearn's who has your money
 
alancabriolet said:
Sadly I appear to be another victim of the car crash that is Gmund Cars.
In January I gave Gmund 911 Targa and a VW Splittie in exchange for a Porsche 356 Cabrio. It now seems that the owner of the 356 has not been paid. Not unreasonably he now wants it back and my cars have disappeared from Gmund.
So I am now looking for my Targa. If anyone is offered or sees the car detailed below please could you email me at [email protected]
Car advertised at Gmund website here http://www.gmundcars.com/cars/451/911_32_Carrera_Targa_
Being white it is not the most distinctive car but it does have the following extras factory fitted. Air con. Electric windows. Full leather in burgundy including the dash top. Sport type bucket seats with the bigger side bolsters. The leather inside has also been painted, not very well as it is peeling off in places. The front left wing is rusty around the headlight, but not the right one.
Hopefully someone will see it somewhere.
Please feel free to share.
Click to expand...

Alan,

https://www.andrewjonesmp.co.uk/local-mp-supports-small-business-saturday/
Is this your splittie?
With Andrew Jones MP, Mr Andew Mearns & Cllr Samantha Mearns stood in front of it?
 
"From Knaresborough to a rural small business where Andrew met Andrew Mearns, owner of Gmund Cars. The business is a labour of love for Andrew who has built the business up from scratch. Andrew Jones was shown the stages of the restoration process for classic vehicles and learnt about the sales end of the business too.

Andrew said: 'Sometime people don't realise that our rural areas contain a great many successful small businesses. I founded and grew Gmund cars at our showroom and workshop in Scotton making my passion for classic vehicles in to a thriving business employing eight people. Small Business Saturday is important because it enables rural businesses to be recognised as part of the small business family which often concentrates on the retail centres."

I wonder if it would be worth contacting Mr Andrew Jones, MP for Harrogate and Knaresborough telling him of the true story and situation behind Gmund Cars and Andrew Mearns.
 
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