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Thread: to embezzle an engine - the strangeness of disappearing units

  1. #31
    Senior Member haul's Avatar
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    To give you some update....

    I did not reply to the WhatApp news from the CEO of the company. I mean, hey, "....engine tins are missing..." and then you get images of ?? a torn apart unit. No, I am not in the responsibility to pick up this "pile of metal", or to sign anything.

    I asked the laywer to get something officially written.
    So he did

    Dear sir……,

    In the above case I indicate that I represent your customer ... as a lawyer.
    Proper authorization is expressly assured by a lawyer.

    My client asked me to submit his legitimate claims to the return of his original engine in his Porsche 912 with the registration number ……. with the engine no. ……. To assert against you again emphatically.

    My client is not yet assuming that you do not want to hand over his original engine, which has been stored in accordance with the order, since such behavior would also be criminally relevant and would have corresponding consequences.

    For now, I will spare you from repeating the entire preliminary correspondence, because you know very well that the original engine has been entrusted to you in safe hands by my client for the purpose of storage. Unfortunately, despite various promises, you have not given an appointment to date when my client can pick up his original engine with all its attachments from you, because you obviously still do not want this engine to be found in your warehouse.

    In order to avoid a legal dispute and the initiation of criminal action, I will therefore give you the last extra-judicial opportunity to notify me in writing by October 29, 2021 when my client can pick up his original engine from you.


    .....
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  2. #32
    Finger crossed!
    Member #2768 http://www.no-speedlimit.it

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  3. #33
    Senior Member HughH's Avatar
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    yes
    I hope it finally turns out well for you Haul
    Hugh Hodges
    73 911E
    Melbourne Australia

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    Early S Registry #776

  4. #34
    Senior Member haul's Avatar
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    again some update....

    Dear sir ……..,
    In the above matter, I will come back to my letter of October 12, 2021 and your letter of October 18, 2021 by email, to which I would like to reply to you after consulting my client.
    First of all, my client welcomes the fact that you are willing to give him his original engine in a timely manner.

    With regard to the course of the entire affair, my client realized that you obviously no longer remember the actual facts on essential points, if you claim that my client gave you an overhauled exchange engine and his vehicle of the type Porsche 912 to have delivered on …….

    In fact, the vehicle was delivered on its own by my client and a witness on ……… My client's vehicle drove to your workshop with the original engine that you later stored. The engine was complete and running and you could easily drive the Porsche 912 into your workshop with it. Incidentally, my client did not acquire the overhauled exchange engine for EUR ……… but for EUR …… and delivered it to you. According to the order, you then removed the complete, fully functional original engine and installed the overhauled exchange engine in my client's vehicle so that he could could pick up his vehicle on ……. from you. The purchase price for the exchange engine with all add-on parts "key-turn-ready" can be proven by submitting the purchase contract, so that the original engine did not need any add-on parts to complete the exchange engine. At no time did you give my client a two-week deadline to pick up his original engine; on the contrary, you agreed to the free storage. There were no previous discussions on this matter. Rather, you were expressly advised by my client in advance that my client's vehicle must be drivable on the agreed date, as he assures his participation with the vehicle in the meeting with the Porsche Club France in Le Mans on the occasion of the Le Mans Classic would have.

    Due to the participation in this event, my client and his family were only on ……. back in Germany, so that the two-week period you claimed for storage is simply thought out. My client would not have agreed to such a deadline at any time, as he would not have been able to take care of the collection.

    With the multiple queries from my client about the extension of the storage, you have personally confirmed to my client several times that this is not a problem. At no time have you asked my client to pick up his original engine from you within a certain period of time, nor have storage fees ever been agreed, let alone invoices from you. Neither by telephone, by e-mail, nor by post, was my client ever contacted by you about the collection from you.

    My client did not call you in June 2021, but made the pick-up request on May 3rd, 2021 by phone. Now that you have found the original engine from you, nothing stands in the way of my client picking it up.

    The only question is why you disassembled my client's complete engine in the first place and obviously sold parts of it to someone else, even though the complete engine is my client's property and you have never been given an order to dismantle my client's original engine and sell individual parts of it .

    It should be clear to you that my client would like to pick up his original engine from you as it was removed by you. This means that the original engine must be completely assembled with all attachments, should run properly and nothing should be missing. The bundle of engine parts you photographed, where it is not certain whether you actually belonged to my client's engine, is not sufficient.

    My client never asked you to dismantle his engine, so that you carried out the dismantling of my client's engine at your own expense and you have to completely reassemble this engine at your own expense so that it runs and all attachments on the complete engine available.

    My client has the right to receive the engine back from you in the condition in which it was removed by you, with this engine my client drove his vehicle to you on the road in the workshop, so that the engine must be able to run .

    I assume that in the interest of my client you will now resolve the matter immediately and agree on a collection date with him by November 15, 2021. The company ………. actually enjoys a good reputation in the Porsche scene and this should actually stay that way, so that the matter should be settled amicably out of court here.

    It is therefore up to you to settle the matter here amicably by surrendering the original, fully functional exchange engine.
    59 750 pre unit triton
    63 650 gray silver bikinitub triumph thunderbird
    70 650 astralred silver triumph bonneville
    65 912 slate gray "erwin"
    73 914 ravennagreen "ferdl"
    erwin_loves_polo

  5. #35
    Senior Member haul's Avatar
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    the reply:

    Mr. .... did not have his defective engine picked up from us within two weeks as agreed after the conversion of the delivered engine. There are several witnesses here in the house for this agreement, Mr. ….., the second managing director here in the house insisted on avoiding a situation as it has now come. We are not a repository for old parts and therefore not set up to store defective motors for customers.

    Of course we have motors in-house that belong to us or are waiting for an overhaul.

    Mr. ….. did not pick up his engine and has therefore been in default of acceptance for over these years (according to § 304 BGB).

    For this reason, we are entitled to a monthly replacement of € 59.50 net.

    If Mr. ,….. is willing to pay for this, we will assemble the engine as requested by him.
    Mr. ….. cannot demand that he get a better engine than he gave.

    Please let me know if Mr. ….. agrees.
    59 750 pre unit triton
    63 650 gray silver bikinitub triumph thunderbird
    70 650 astralred silver triumph bonneville
    65 912 slate gray "erwin"
    73 914 ravennagreen "ferdl"
    erwin_loves_polo

  6. #36
    Member #2768 http://www.no-speedlimit.it

    • 1973 Biancaneve - 911 2.4 S/F Ivory
    • 1977 Fiona - 911 Carrera 3.0 Oak Green Metallic
    • 1993 Bellatrix - 964 Turbo 3.6 Black

    I keep a registry of 1972 and 1973 2.4 S coupé chassis. Infos always welcome!!!

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  7. #37
    Righteous Indignation 70SATMan's Avatar
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    That's pretty ballsy I must say! They act like the WANT to be bisch slapped in court.
    Michael
    “Electricity is really just organized lightning”

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    -S Registry #586

  8. #38
    Senior Member patrick911's Avatar
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    Can't say I'm surprised unfortunately.
    The best defense is often to go into full offensive mode, hoping their bluff scares the other party into submission.
    Even the reference to '(...) storage of defective motors' in the reply is deliberate and meant to offend. What an @$%.
    Still hoping for a good outcome for you but this isn't looking promising.
    Member #3508
    1973 911 2.4T
    1976 911S -> 2.8RSR replica
    "if nothing goes right, go left!"

  9. #39
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    Full offense without any warning.

    My longtime friend, a German mechanic, has never been on the wrong side of an argument. At least he will see it that way.

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