Genome muffler woes

[94 Leone]

Nah they are legally obliged to refund, due to the misrepresentation of the item.

Like if you got it and it was exactly what they said it was, and you just didn't like it and wanted a refund, you'd have no dice. but seeing as they obviously bull****ted a fair bit; you're legally entitled to a refund. Same **** happened when I bought a motor that was not what I had been told it was. except a muffler is cheaper than a motor.

[Marky]

Seriously man is it worth the trouble?

Could prob onsell it for more than you paid anyway, a lot of guys would be happy to just get it re-welded to suit and call it a day

Do you have the original auction link still? Just curious what it said on it

[Dairusire]

 Marky said:

Seriously man is it worth the trouble?

Could prob onsell it for more than you paid anyway, a lot of guys would be happy to just get it re-welded to suit and call it a day

Do you have the original auction link still? Just curious what it said on it

As much as I think you should slam the sh*td*ck in court for being a tosser, and not holding up his end of the deal. I agree with Marky, it's probably just as easy to on-sell it on here / TM / or facebook. Could grab all his details from TM and publicly name and shame?

[Guest]

TM dont do **** about bad traders never have and never will. Lady ripped wifey $45 goods never turned up numerous excuses TM cc'd in on the whole thing still trading to this day not the only time we've had issues. They just say meh we cant do ****.

[ADIKT]

 evowrx said:

TM dont do **** about bad traders never have and never will. Lady ripped wifey $45 goods never turned up numerous excuses TM cc'd in on the whole thing still trading to this day not the only time we've had issues. They just say meh we cant do ****.

Same with time wasters - they don't do anything about it!

Had one recently, brought the pool table I'm selling using buy now. never heard ANYTHING from them.

Had to request a refund from trademe and all that - ended up being a 3 week process after giving the 'buyer' a week to make contact

They should bloody suspend accounts for **** like this

Edited May 29, 2014 by ADIKT

[optmspotts]

This is the original TradeMe link.

Yes, it sold for an exorbitant price - mainly because I wanted to get it on the car so it could be tuned for the muffler system, and was hoping that selling current axleback would minimise the actual spend to something reasonable.

Partially, that is why I am hesitant to just on-sell. Because I know that it will be difficult to sell for that price.

Therefore, if I'm going to absorb a loss, I may as well do so in a manner that makes an example of him, and satisfies my thirst for justice.

Thankfully, the guy I have been dealing with at TradeMe seems very helpful. He's giving me a call today, and I will ask him to personally contact the seller and notify him of his position. Maybe it'll just take a third party to talk him some sense.

Re. the sharing of details, I will very carefully read the terms and conditions about details release from TradeMe before sharing them here but I am definitely considering. For now, I guess his TradeMe account (actually named under Natasha) is sufficient.

[ADIKT]

Why not post some negative feedback on trademe?

[D-Style]

Why I like Paypal.

[pedro]

One thing you could do is contact "Lofty911" the guy you were bidding against..He seemed keen to pay good money for it..

[syphe]

if you don't have any luck and end up keeping the muffler, I have a similar setup on my legacy, has twin pipes so will sound a bit different.

I've had a resonator installed at the base of the downpipe, and it sounds quite good I reckon, not as deep as I would like, but doesn't drone at all so can't complain, video here:

I never had the mufflers before the downpipe so not a true comparison sorry.

The other thing I hear is that replacing the center resonator with straight pipe could give it much more of the low down sound you're after, although i'm not convinced, surely wouldn't that make it even more raspy? If anyones removed their center resonator I'd be keen to know the results you had.

[ADIKT]

 pedro said:

One thing you could do is contact "Lofty911" the guy you were bidding against..He seemed keen to pay good money for it..

BUT Lofty911 was probably also bidding expecting it to fit a v7/8 or whatever... not a forrester

So if the OP were to do that he would essentially putting himself into the same position as the original seller

[optmspotts]

 ADIKT']Why not post some negative feedback on trademe?

Was giving him a chance to come to the party but will post feedback shortly.

[quote name='syphe said:

if you don't have any luck and end up keeping the muffler, I have a similar setup on my legacy, has twin pipes so will sound a bit different.

I've had a resonator installed at the base of the downpipe, and it sounds quite good I reckon, not as deep as I would like, but doesn't drone at all so can't complain, video here:

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[/url]

I never had the mufflers before the downpipe so not a true comparison sorry.

The other thing I hear is that replacing the center resonator with straight pipe could give it much more of the low down sound you're after, although i'm not convinced, surely wouldn't that make it even more raspy? If anyones removed their center resonator I'd be keen to know the results you had.

My current midpipe is a modified version of the stock pipe it seems. That is, both ends have been kept the same, with a 2.5" straight pipe welded between them. The effect is basically a 2.5" straight pipe.

If I do have to keep the muffler, I will probably just sell it and take a loss, because the cost of both muffler modification and midpipe modification to get a decent sound will quickly add up.

[optmspotts]

Update:

Have gotten the seller's details through TradeMe and filed a Disputes Tribunal claim. Interestingly, the account has either been blocked by TradeMe or he deactivated it. Seems unlikely that the seller will even show up to court... Thankfully I also have the guy's bank number from his automatic TradeMe email and I'll try and get details through his bank.

[hijacka]

Looks like it needs a new home then. what do you want for it?

[optmspotts]

 hijacka said:

Looks like it needs a new home then. what do you want for it?

I won't be able to think about it until I get the DT ruling now - seeing as having the muffler is essential to my claim. In any event, I'm not sure what I will ask for it but I know I definitely won't make back what I paid for it.

[hijacka]

 optmspotts said:

I won't be able to think about it until I get the DT ruling now - seeing as having the muffler is essential to my claim. In any event, I'm not sure what I will ask for it but I know I definitely won't make back what I paid for it.

Seems like alot of hassle for you, a mountain out of a mold perhaps? wouldn't it be easier cutting the exhaust back and modding the hangers?

I already have one fitted to my gf8 and run 20psi though it, on idle its not loud but that means its doing its job, its very good at cancelling out the noise without restricting the flow on boost , its also very light weight and very well made. I love the genome muffler and would be happy to take it off your hands as a spare if the price is right.

[optmspotts]

 hijacka said:

Seems like alot of hassle for you, a mountain out of a mold perhaps? wouldn't it be easier cutting the exhaust back and modding the hangers?

I already have one fitted to my gf8 and run 20psi though it, on idle its not loud but that means its doing its job, its very good at cancelling out the noise without restricting the flow on boost , its also very light weight and very well made. I love the genome muffler and would be happy to take it off your hands as a spare if the price is right.

It is a hassle, but it's also satisfying my thirst for justice

I am not going to cut the exhaust back because:

1. This exhaust system has already cost me enough (downpipe and modding midpipe) and the benefits won't add up

2. The exhaust sounds terrible on my setup (see video a few pages back) - it has this horrible rattle down low, but I do concede that it sounds great up top

3. Getting it modded would totally compromise its integrity.

[boon]

The disputes tribunal is probably going to just tell the guy to take the exhaust back and give you the money back.

So don't do anything with the exhaust just yet

Oh and try to get them to reimburse you your filing fees.

[optmspotts]

Dispute date set at 25 August --- 9AM in the morning!

[optmspotts]

Update:

Well, I'm glad that's over.

First thing I did wrong was believe whomever told me that the Disputes Tribunal takes a more mediative/flexible approach to legal issues. Definitely should have come in with all the relevant sections of CRA 1979 and quotes to reflect pecuniary loss from the misrepresentation. Life goes on.

Faced with the fact that I had ill-prepared my case, and being offered a small refund of the purchase price, I decided to settle rather than have an adjournment that could land me right in exam times with another 9AM start. At the end of the day, I got what I came for, which was a more adequate settlement than the offer of $50, and now the seller knows that you can misrepresent an item for sale notwithstanding your honest belief.

For those who have similar situations, don't make the mistakes I did:

- Provide evidence to the respondent either before or at the hearing, plus copies for the adjudicator and yourself.

- The Disputes Tribunal takes as strict approach to the law as an ordinary court. Know your Contractual Remedies Act 1979 (operative section is section 9).

- You must provide evidence of a diminution in value and that is not quantifiable by reference to the cost to cure (unless you can argue that this is the most reasonable method, I suppose. There's case law on this point: Ruxley Electronics and Construction Ltd v Forsyth).

So, now, I suppose I have a Forester STI Genome muffler for sale...

[Dairusire]

So just to get this right, you got the muffler and the money back from the seller?

[4G63B8]

 Dairusire said:

So just to get this right, you got the muffler and the money back from the seller?

That's what it sounds like, thats a pretty good outcome if he did...

[boon]

Kept the muffler and got refunded some money, but not all.

[Dairusire]

 boon said:

Kept the muffler and got refunded some money, but not all.

Well, that's a better result. Hopefully you can pass this muffler on and recoup all your money

[optmspotts]

 Dairusire said:

So just to get this right, you got the muffler and the money back from the seller?

I wish!