T-Ruckus rebuilt modified 2005 Y61 GU 6.5L intercooled turbo ST wagon

[Truckus]

All of this is all good and well. And it's great that the outcome will be a new crate motor. But are you 100% the motor that was put in for the previous owner was new? It could have been a second hand item which I'm sure those guys over there do fit unless requested otherwise. I know it's a shit situation but it may not be as clear cut. Remember all this information you have gotten is from the guys who now don't have to cough up full warranty.

Certainly a valid consideration.

I do have all the original quotes and invoices for the engine conversion indicating new crate engine as part of the vehicles service history documents that I got with the sale back in October, the only records missing were the ones from the car service mob over here in NSW that reported on the engine issue in Sept 20, 6 weeks before I bought it to to take over the build. No evidence to suggest the engine was otherwise was documented...so very hard to say that it was not a new engine to begin with, or even a manufactured rebuild. The full cost was paid at the time of conversion, indicating the engine was not one of the second engines advertised in stock at 1/5 of the cost paid in conversion.

The case for court will simply be...the engine and vehicle condition was represented by the seller as mechanically A1 and perfect with warranty (despite the seller knowing otherwise and mis representing the condition for financial advantage),and accordingly, subsequent contract for sale at market value for defect free car was entered into.

Engine status quo was advertised and contracted for sale to myself as new (5 months and 15000 kms since install) and under warranty, any other factors are irrelevant in court decision making. The smoking gun in this case is the notification by the car service centre here in NSW advising the previous owner of the defect 6 weeks before the sale. This document and corresponding statements form the service centre, has also been corroborated and verified with the car service center, and these records can be further subpoenaed into evidence if needed for further court satisfaction.

The court case is a future me problem, but we have all the documentation to support our case beyond reasonable doubt (99% proof), and we only need to show basis of probability (51% proof) to get a result in our favor.

Considerations otherwise such as questioning the original engine status quo is basically defense lawyer technicality tactics, that are actually irrelevant to the case at hand..as the case will be about fraud for engine condition misrepresentation, and is not dependent of engine history.

I do get what you are suggesting, but I have no proof that this is the case, but the thought of having to buy another new engine even at discounted price for an engine with low mileage and age advertised as under warranty.... is truly vexxing...in fact I can not express how fucking annoyed I actually am,,, as things like suggesting "blowing up houses and shooting folks" would be inappropriate to discuss, as that is third world order thinking.

I guess the seller is fortunate we don't live in Rio or many if the other places were this kind of retribution occurs daily for lesser slights, thus the legal approach is the solution to the problem.

In fairness to Brunswick Diesel, they have assisted here, in what is a shitty situation, all because the last twit decided to mask and hide the defect and and on sell to rip some poor bastard off for top dollar, instead of pursuing warranty claim and repair.

If the truck had been priced 15K less with the defect declared before sale, well, that would have been a different story, basically I would have taken in another one for ongoing project, or, if I did buy this one at a lower price, with known defect, I would be right onto warranty repair before spending all the other dollars on it.

So at least this repair option will save me close on 7 grand at stumps, with the assistance from BD.

Anyhow, the next step is getting the new plant fitted and paying the bill to the fitters. Once that is done onto the next step.

[Truckus]

Finally after three months of being off the road (and not in the fun and get dirty way), and 12.5 grand out of Pocket expenses (in addition to the discounts and money Brunswick Diesel helped out with for the engine remove and install new plant), Ol Mate Truckus Soot monster is back on the road with a new long motor and pulling like a freight train.

Have also added Boost, EGT and coolant temp monitoring as well

Great to have him home again, just a really unexpected and shitty situation, now for the court to sort out.20210531_155113.jpg20210531_155133.jpg20210531_155147.jpg

Cheers

[PeeBee]

Great news for you, congratulations

[Truckus]

Great news for you, congratulations

Cheers Phil, it is good to have the soot monster back, and now time to focus on reclaiming some costs.

Some missing pieces of the puzzle now falling into place as I start to wind up the legal action commencement.

Interestingly I received a PM from Neale the owner of Central Coast Car Service who invited me to have a phone chat with him. Naturally I did so, and he was able to confirm that he most certainly advised the previous owner of the nature of the defect, and had also attempted to liaise with BD to organize a repair Solution that would involve engine removal and disassembly, back in September (6 weeks before I was sold the vehicle), and that the vehicle had been with them for a significant time frame while trying to organize a repair solution with BD. Evidently he was unsuccessful, and the vehicle was removed by the previous owner who took it to another shop in Riverstone, whom miraculously repaired the vehicle overnight with a new radiator cap, before returning the vehicle to the previous owner.

Neale advised me that at no stage did they use an additive or service the vehicle after the initial test had confirmed significant combustion gas bypass and coolant pressurization, as he had told the previous owner it would be pointless as the engine would require significant disassembly to rectify the issue.

This does explain why the service record for the 15000Km log book entry was not completed and I am inclined to take the man at his word.

This also explains how BD was able to source the relevant evidence indicating the previous owner was aware of the defect, as evidently, Both CCCS and the previous owner had made BD aware of the defect in Sept 20, however the previous owner chose to then hide and on sell the issue, rather than push for the warranty repair option. I have no axe to grind with CCCS at all, and wont be pursuing them legally, nor nay-saying their business reputation, as to me they are not at fault here.

I suspect the additive (that was found on engine inspection in addition to K seal) was used as a temp repair option, and the coolant level was lowered by the Riverstone workshop to mask the defect symptom, with the intent to on sell the vehicle with the hidden defect.

The purpose of this post is to fill the gaps for the read between the lines fans and remove any stigma potentially generated with CCCS, but at the end of the day, this only again proves that no matter the motivation or the reason, he previous owner is guilty of obtaining financial advantage through deception, as at no stage has he admitted to any defect on the engine, in fact he advertised mechanically perfect under a warranty (that he knew he was having difficulty in claiming) through mis representation of advertised vehicle condition, calculated omission of defect declaration and omission of service notification of defect, when all evidence now suggests and is corroborated that he knew full well the engine was fisted.

Anyhow, Jake, if you reading this(as evidently ol mate Neale at CCCS is a family friend and a member here so will pass this on to you, as you wont take my calls, hence why my lawyer will be writing to you), a bank cheque for 12500 dollars will save you a few grand in court.

Cheers Adz...or if interested...I got a great Nissan Patrol for sale just to you.... that is actually now mechanically perfect (certified by blue slip, pink slip and all record amendments for new engine) with a full warranty for 100K!

[Oldmanmechanic]

Thanks Adam for taking the time to talk with me and clear up any confusion you may have, I have built up a reputation over the last forty five years and would hate to see that tarnished.
Now my advice from an old bloke to any of you people out there thinking of doing modifications to your vehicle, do your research very very carefully not only on the modified components but also the supplier and installer. Ask yourself what do want, more power, more reliability if you want both I'm sorry to burst your bubble but the two rarely go hand in hand. Now I'm not going to go into my experience with any supplier on a public forum but I want to again say do your own research. The words of father are always going through my mind, "leave it alone son there's nothing wrong with the way it was made." I didn't believe him when I was seventeen but I do now. I know I will get a sledging for that but I don't care. Cheers.

[Truckus]

Thanks Adam for taking the time to talk with me and clear up any confusion you may have, I have built up a reputation over the last forty five years and would hate to see that tarnished.
Now my advice from an old bloke to any of you people out there thinking of doing modifications to your vehicle, do your research very very carefully not only on the modified components but also the supplier and installer. Ask yourself what do want, more power, more reliability if you want both I'm sorry to burst your bubble but the two rarely go hand in hand. Now I'm not going to go into my experience with any supplier on a public forum but I want to again say do your own research. The words of father are always going through my mind, "leave it alone son there's nothing wrong with the way it was made." I didn't believe him when I was seventeen but I do now. I know I will get a sledging for that but I don't care. Cheers.

Cheers Neale, it was worth the effort to chat, as we were able to between us, confirm some suspicions, corroborate further some evidence of prior knowledge, and generally get some real information as to the vehicles short but turbulent history prior to my ownership and continued development.

We also now know when the additive was added prior to sale and by whom (again, not your shop), and why service records in the log were not completed at your shop, as you did not conduct the service on that occasion, merely diagnosed and identified the defect and its significance to the prior owner, and you opened the door for a warranty claim with the original engine supplier for the previous owner, that, for what ever reason, they chose not to pursue, rather, they took the incorrect and illegal option as detailed in this topic.

For those still unaware of the laws regarding sales of vehicles...


No, a private seller does not have to warrant a car in the same way as a Licenced Motor Dealer.

But, it is a basic principle of the Law of Contract that if a person enters into a contract that is fraudulent, then that contract is voidable.
And if that's the case then, for example, a "seller" can be made to take the object sold
(be that a car or whatever) back, and be made to return the money.
Or, in the alternative, be made to pay for relevant repairs.

Without referring to any speific particular case, an example of a fraudulent act in contract could be
deliberately withholding information about the mechanical condition of a car
that a seller knew, or reasonably should have known, was the kind of information
that a reasonable person would think was relevant to the decision to buy that car or not.
Even if neither party understood the technical/mechanical nature of that information.

Yes, it is a matter for one party (a plaintiff, such as dissatisfied private car buyer)
to show, on the balance of probabilities, that the other party
(a defendant, such as a private car seller) acted fraudulently when entering into the contract.
But that is very do-able - because proving a negative is quite difficult for a defendant to do.

Direct from the a contract and commercial law specialist.

[Truckus]

So Engine now has 400 kms on it now and is behaving well. Additional fitted monitoring with EGT, Boost and Dig coolant temp well worth the effort, and really helping me regain confidence in the vehicle.

Today was awesome weather so we did a few local fire trails and a nice run around to some local pubs including Patonga to maybe grabs some snaps for the photo comp. Hot tip, even if you can get parking near a pub (i had to actually use my permit to park in a disabled...normally I leave them if other parking available)

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Sunday, with Covid max numbers limits and bored security guards ..well you not getting a chance f getting in while the bistro is open

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That line did not move in 30 minutes so we gave the Boat Shed a miss, not can not blame folks who trek, ride, drive and bot/ferry in with an outlook like this, grog and fine food

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We managed to finally get a spot at Empire Bay Tavern across the river. but the pies and pizza was no longer available, only the gormey 35 dollar seafood specials.

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So after all the BS I have gone through in the last few months with Truckus Soot Monster, it is great to have him back to get out and about an regain some confidence in him.

Cheers Adz

[Hodge]

Awesome to hear shes rumbling along.
I bet she sounds as good as she looks!

[Truckus]

The Soot Monster is sounding a shit load better than it did before Hodgey, cheers for commenting, in actual fact, he will be sounding even better this coming week, I am booked in Tuesday for a custom exhaust set up to change out the somewhat mediocre one that was supplied with the vehicle after the initial conversion.

Looking at 3.5" Mandrel bent (no pinch points) Stainless, so that is about the sweet spot for flow a volumetric efficiency even at max of 16 PSI boost. No BoV...as I refuse to have cooing pigeons under the hood! (and not needed with the throttle plate and waste to exhaust apparently, as any overboost is inhaled by displacement with good exhaust flow on the other-side)..perhaps the other 6.5 turbo or supercharged lads could chime in here with their knowledge and experiences.

Cheers Adz

[Truckus]

New 3.5 " Mandrel custom cat back SS systems goes in on Friday, after the initial measure up and quote stage, but in the meantime I replaced the old faded pealing ST stickers with these. Looks spot on I reckon!
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New engine still seems to be running sweet (as it bloody well should I reckon).

Cheers Adz and Truckus Sootmonster