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alancabriolet
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Joined: 12 Jun 2019
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PostPosted: Mon Jun 17, 2019 6:39 pm    Post subject: Another Gmund victim, HELP ME FIND MY CAR. Reply with quote

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 gmundvictim@gmail.com
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.

Last edited by alancabriolet on Mon Jun 17, 2019 7:09 pm; edited 1 time in total
 
  
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deMort
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PostPosted: Mon Jun 17, 2019 6:51 pm    Post subject: Reply with quote

I've posted this in the relevant thread which is here ..


http://911uk.com/viewtopic.php?p=1486336#1486336
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Robertb
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PostPosted: Mon Jun 17, 2019 7:00 pm    Post subject: Reply with quote

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.
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911UK
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PostPosted: Mon Jun 17, 2019 8:24 pm    Post subject: Re: Another Gmund victim, HELP ME FIND MY CAR. Reply with quote

alancabriolet wrote:
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 gmundvictim@gmail.com
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.


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
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Menace
Nürburgring


Joined: 26 May 2009
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PostPosted: Mon Jun 17, 2019 10:16 pm    Post subject: Reply with quote

Very sad to hear. I hope it gets worked out and Gmund Cars get caught. It’s not right.
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Darthmjh
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PostPosted: Mon Jun 17, 2019 10:37 pm    Post subject: Reply with quote

I've posted on DDK. Hope it's gets sorted out.
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PostPosted: Tue Jun 18, 2019 7:40 am    Post subject: Reply with quote

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?
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RXBoxster
Monza


Joined: 31 Jul 2015
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PostPosted: Tue Jun 18, 2019 7:43 am    Post subject: Reply with quote

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.
 
  
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hopeydaze
Monza


Joined: 06 Jan 2012
Posts: 172
Location: Wargrave, Berkshire, UK


PostPosted: Tue Jun 18, 2019 8:07 am    Post subject: Reply with quote

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
 
  
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991.2GTS
Spa-Francorchamps


Joined: 02 Apr 2019
Posts: 321
Location: Yorkshire


PostPosted: Tue Jun 18, 2019 10:06 am    Post subject: Reply with quote

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.
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Robertb
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PostPosted: Tue Jun 18, 2019 1:27 pm    Post subject: Reply with quote

RXBoxster wrote:
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.


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.
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FZP
Estoril


Joined: 18 Jan 2015
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PostPosted: Tue Jun 18, 2019 1:34 pm    Post subject: Reply with quote

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.
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911UK
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PostPosted: Tue Jun 18, 2019 8:35 pm    Post subject: Reply with quote

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
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Captain Lockheed
Nürburgring


Joined: 19 Dec 2014
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PostPosted: Wed Jun 19, 2019 1:31 pm    Post subject: Re: Another Gmund victim, HELP ME FIND MY CAR. Reply with quote

alancabriolet wrote:
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 gmundvictim@gmail.com
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.


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?
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madalaa
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Joined: 13 Mar 2008
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PostPosted: Thu Jun 20, 2019 7:45 am    Post subject: Reply with quote

"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.

Last edited by madalaa on Thu Jun 20, 2019 7:49 am; edited 1 time in total
 
  
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jonttt
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PostPosted: Thu Jun 20, 2019 7:48 am    Post subject: Reply with quote

I smell a whiff in the air Rolling Eyes
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Captain Lockheed
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Joined: 19 Dec 2014
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PostPosted: Thu Jun 20, 2019 11:05 am    Post subject: Reply with quote

madalaa wrote:
"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.


As Cllr Samantha Mearns (Cons) works in MP Andrew Jones (Cons) office, I am sad to say that I doubt it will do much.

Reporting Andrew Jones MP to the parliamentary standards committee for shielding a fraudster, might yield more results.
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PostPosted: Thu Jun 20, 2019 1:30 pm    Post subject: Reply with quote

since there has been only a single post from Alan

and no response to my requests to respond, this post is going to be locked unless he updates us with the facts

There is another Crime that Gmund have committed against the original 356 seller not getting is funds, that is clear.

But Alan has sold his cars for the 356, so there is nothing to see here apart the ongoing criminal activity by Andrew Mearns
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Robertb
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PostPosted: Thu Jun 20, 2019 1:52 pm    Post subject: Reply with quote

Agreed. I'm not sure what Alan's problem is in this case.
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