[70FormulaRAIII]

See the entire thread:http://forums.maxperformanceinc.com/...d.php?t=626689



Hard Evidence:
1) Ebay listing which clearly describes a very stock, very original car with 9K miles on it’s #’s matching, rebuilt engine and transmission
2) Emails from Jack Nichols which go into more detail concerning the cars restoration and it’s originality
3) All of the scoring cards from the various car shows that are mentioned in the ebay listing. I don’t know if points are deducted for having the wrong parts, but the car scored very well. No points were deducted for the wrong engine, carb, distributor, missing 3 front carpet clips, missing Formula wheel, wrong spare tire, spare tire holder, wing nut and missing washer etc etc etc.
4) The man who sold the car to Jack Nichols states that it had the original engine, carb etc. when he sold it to jack. He also admits to painting the car dark gold.
5) It is also well documented that the car had retained it’s original, or at least date correct, JW code wheels
6) Jack Nichols currently owns both a 1970 T/A and a 1970 Formula that he has been restoring.
7) The trans is a PW code TH 400 from a 1970 Grand Prix. The engine block is a restamp
8) Jack Nichols has not returned any of my phone calls. He did send an email a few days ago maintaining that the car is as exactly as he described it and that we have nothing to discuss.

Painting the Picture:

Jack Nichols acquired and restored a very original and highly optioned 1970 RAIII Formula back in 2000. It is reasonable to assume that he later acquired a 1970 T/A of similar date code that was missing all of those expensive and hard to find parts that he already had in the Formula. I think it’s also reasonable to assume that his other Formula is just a donor car for the T/A and maybe even for the one I just bought. We all know that a complete and original T/A is worth way more than a similarly equipped Formula. Heck, he could even restamp a block and still make good money on the Formula given its history of appearing in a magazine, a book and placing highly in several big car shows. Besides, most people would never know the difference. It is very likely that my engine and trans is in that T/A right now, albeit with the VIN ground off

Justice Prevails Right?

I called the Apopka PD, told them the story and asked if they could send a unit out to Jack’s house to search for my property. They said first I needed to have the El Paso PD come out and substantiate my claims, which they did. Turns out the officer who took the call had the exact same thing happen to him. He bought a 69 Mustang GT Fastback via ebay from a guy in Wyoming. The original #’s matching engine turned out to be a crate motor! The officer called the Apopka PD to ask them what they needed exactly as this case was very near and dear to his heart. To my dismay, the supervisor that handles auto theft in Apopka determined that no crime had been committed and this was a civil matter. In Florida, VIN tampering is a 3rd degree felony punishable by a $5K fine and up to 5 years in prison. This includes altering the VIN on a vehicle’s parts either directly, indirectly or having knowledge that it was altered. However, the car is no longer in Florida it’s in Texas. Even if my original engine and trans with corresponding VIN are in his garage the Apopka PD said it isn’t theft because I never had them in my possession. It is merely a contractual dispute and thus, a civil matter. I can file the civil dispute in the El Paso courts and, if he fails to appear, a warrant will be issued for his arrest. That is just another dead end, however, because Texas will not extradite.

The attorney I consulted was willing to take my money but informed me, out of pity perhaps, that at $200 per hour, his fees could easily surpass what I paid for the car. It just would not be in my best interest to pursue this. He is a car guy and stated this car could easily bring $18K at auction. I trust his advice, but this isn’t really about what I have lost monetarily. If that were truly my concern, I would not have advertised to the Pontiac world via this forum the issues with my car. This is about a man that butchered a very rare and original piece of American automotive history then sold it as such to one of our nations wounded warriors. This is about bringing justice to that coward and forcing him to stand before his accuser……..sorry, I was typing out loud….back to the topic now.

I filed a complaint through ebay. The El Paso police officer said that he did the same thing, and although it was well beyond their 45 day policy, they froze his account and banned him from the site. I didn’t even take possession of this vehicle until beyond the 45 day mark. It took weeks for the VA to process the payment and several more for it to be delivered.

Moral of the Story:

If you buy a car on ebay, make darn sure you tear it apart and check everything well before 45 days have elapsed. Having someone else do it isn’t good enough. What do you think is likely going to happen between the time your Pontiac expert leaves and the vehicle being loaded onto the transport carrier?

If at all possible, buy from within your home state. Once you cross state lines, things become more complicated and the likelihood of the legal system offering you any protection is greatly reduced.

If they ebay listing isn’t excruciatingly long and detailed, move on and go to the next. The shorter the seller’s description, the less he can be held liable for. Sellers that disclose every little imperfection on the car with numerous photos of the bad as well as the good are trying to do the right thing. A crook won’t show you photos of every scratch and dent because he thinks it will cost him some money on the sale. I’m not saying this is black and white; just something to consider. At any rate, get all of your questions answered in an email. The written word from the sellers personal email account is something you can keep forever. What comes out of his mouth is worthless by the time he takes his next breath.

I have a cousin that bought a car from his friend. He was familiar with the car. They live in the same town, and he still got ripped off. I’m not going to bad mouth ebay. They are amazingly successful with the honor code system. I wish all businesses were required to post their feedback score right above the door for your consider before you ever step foot into the place.