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Desperate situation - legal help needed with import process


glastoveteran

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Hi all,

 

I'm sure some of you might have read the odd whinging post from me going on about how I've been waiting ages for my JDM to get through the import process, and I've been pretty patient up until now, but I have finally snapped and lost my patience in a big way and I'm hoping somebody might be able to offer me some legal advice.

 

I won't mention the importer's name just yet, but basically I won an auction in December last year, and the car arrived in the UK in March this year as agreed, but only then did they tell me that there was no model report in existence and one needed to be produced. Since then I have been chasing and chasing and chasing and I'm always assured that "it won't be long now". I've started to do my own research and contacted the relevant people directly, and this morning was told by VOSA that they still haven't received the technical data for the model report that the importers claimed had been sent a long time ago.

 

So it's 8 months in now and the car is still a long way off being ready.

 

I've had a driving holiday in Europe in September planned and booked for ages, but there is no chance of the car being ready, so I'm more angry and disappointed than I can begin to explain. It's a roadster and given that I'll have missed out on an entire summer with it and also won't have it for this road trip of a lifetime, I just want to get my money back.

 

I have spoken with Trading Standards how initially told me I could give them 28 days notice to get the car ready after which I would be entitled to a full refund, albeit without the 8 months worth of interest. However when I explained to them how the payment process works - i.e. payment to Japan for the car, payment to customs for import duty and VAT, SVA payment, importers fee etc. - they said it was too complicated and I would need to seek legal advice.

 

So, that is now what I am considering. I'm not really sure where to start - I just know that as soon as I start talking to a solicitor it will cost money from the word go and I would only stand any chance of getting that back if I was successful in court. I don't doubt that I will eventually get the car - maybe this year, maybe next year - but by the time I do get it it's going to be worth significantly less than what I have paid.

 

Any legal eagles out there that might be able to tell me honestly where I stand?

 

If there is anybody reading this that is thinking about importing, I urge you to think very carefully about it and understand exactly what is involved. I wouldn't want anybody to get hemselves into the horrific situation that I have got myself into.

 

Thanks guys,

 

Alex

 

Moderators - sorry for posting this in the general forurm when perhaps it should be in JDM but I hoped that it more people read it I might stand more of a chance of finding help.

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what a nightmare! I presume the main problem is that you have effectively bought the car yourself and they are simply an agent. In which case you already own the car? Trading standards are just not equipped to deal with this sort of thing as you have found out! Its gonna be hard to find someone with experience of this sort of thing - have you thought of trying to contact another importer and see if they can give you any advice? Not sure they would but it's worth a try. I feel for you - you must be so pi**ed off!

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may be worth a call to Jurgen at JM Imports.

He at least may be able to help in seeing what documents may be missing to complete the SVA process, he has brought in a few 350Z's now and will be aware of obtaining the model report etc.

At least if you can get the car released and registered you are getting somewhere.

 

Jurgens number 07958166871

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Thanks so much all -

 

what a nightmare! I presume the main problem is that you have effectively bought the car yourself and they are simply an agent. In which case you already own the car?

 

Yeah that's pretty much the case so I think that possibly means I don't have a legal leg to stand on really.

 

may be worth a call to Jurgen at JM Imports.

He at least may be able to help in seeing what documents may be missing to complete the SVA process, he has brought in a few 350Z's now and will be aware of obtaining the model report etc.

 

Thanks Phil - I will indeed give him a call, and I'd held off until now as I thought it was a bit unfair running to someone saying "well I've got this problem with one of your competitors and I'm after your advice"!

 

I've learnt a lot more about the process now than when I started and I think I know what the holdups have been and what still needs to happen.

 

I think the problem has been made worse by the fact that the normal lab in Southampton that does the noise and emmissions tests is being moved so instead my car was sent to MIRA in Nuneaton and they are not sending the required test data to VOSA in order to be able to compile the model report.

 

There should be a model report for both Z's, coupe and roadster, by now. I assume you are referring to the 07 Z. I remember someone had to get a report done for an 07 before.

 

Well I may be wrong, but as I understand it there are 3 seperate elements that determine whether a new model report is required and that's body type (coupe / roadster), transmission (manual / tiptronic) and model year. So for each model year there are 4 different reports for the different options x 3 model years = 12 different reports. Unfortunately my 2007 tiptronic roadster falls into the category of needing a new report.

 

Why is there no model report? Are you the first to import a MY07 roadster?

 

Looks like it. There's actually a list on the VOSA website of all the reports available to the public and who owns them which might be handy to someone at some stage:

 

http://www.vosa.gov.uk/SCRIPTS/texis.exe/webinator/search/?query=model+reports&pr=CORP&x=0&y=0

 

That would have been useful to me at the start! But I guess the reason for going through an importing agent is because you don't know enough about the process, and they are supposed to take care of it all for you. I do now know enough to handle it myself I think - and certainly what to avoid!

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Thanks so much for passing that on Phil.

 

I believe it is in fact www.modelreports.com that are commissing my report to be produced. They've got one there for a Manual Cabriolet 2006> but mine is a tiptronic, and they have also got Auto 2006 > Petrol but it's coupe but not roadster, so I think they have pretty much everything there apart from 2007 tiptronic roadster!

 

So Kevin at modelreports.com is probably quite happy, as he's getting a missing report out of it! At least someone is benefitting from my dire situation!

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Well this is somewhat worrying as my car is also coming through the same unmentioned importer, and the model report is definitely missing from at least modelreports.com and the VOSA list, it's a Manual 2007 Coupe.

 

This is also not on any model report listings as far as I can tell. I was assured by the salesman at the time (being assured about anything by a salesman is probably a mistake) that they possessed all the relevant model reports, except one which was in the process of being completed... surprise surprise an auto roadster > 2006. This was going on 3 months ago. Seems like I'll be lucky to get anything before next year, even though the car is expected to land in a couple of weeks. Again, as I have expressed before and as has been mirrored by glastoveteran, I'm more than a little peeved that by the time I get hold of my car any cost savings over buying the UK version will have been negated, shocking.

 

Certainly this import agent is not winning a lot of fans with the japanese car owner's clubs.

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It's glasto's thread so he should be the one to do it, but in all honesty a very basic search of posts started by either him or me will turn up the result...

 

I'll just say its a well known miniature name in the JDM car import business!

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It's glasto's thread so he should be the one to do it, but in all honesty a very basic search of posts started by either him or me will turn up the result...

 

I'll just say its a well known miniature name in the JDM car import business!

 

Well I need them to be as cooperative as possible so I'm slightly reluctant to do anything to jeapordise that!

 

Sarnie I've paid £18.5k. Obviously in December when I bid and March when it should have been ready it was still a reasonable price, but of course now it's less so. At least it's a less common colour (Night Blue) and leather (Frost Grey) combination, plus it will be the only one of its type in the country, for a little while at least. I'm not sure you could get a UK 2007 roadster for that price just yet, but nearly.

 

Salieri I think you'll be ok. Ask them when the lab in Southampton is going to be up and running again as if yours goes through there to get the test data produced then it should be much quicker. Mine has taken this long as it sat with MIRA for four months with nothing happening.

 

Thanks all for the responses.

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