Barbados Underground posted two blogs highlighting a concern of a CarMax customer the gist of which:

In 2014 the Barbadian purchased a pre owned Kia Sportage 2000 cc diesel 4WD Engine# D4EA5H112253. Within the first year of purchase the vehicle had begun to ‘hard start’ and overheat. Despite changing air, oil, diesel filters, radiator, thermostat and hose, as well as all parts recommended by a mechanic the problems persisted. After an exhaustive process the mechanic discovered that the engine  D4EA9H903688 mounted in the vehicle conflicted with the number on the sale contract, invoice, insurance, and  road tax.

see – CARMAX DEALERSHIP TO BLAME!

 

Today Barbados Underground received a copy of correspondence sent to the CarMax customer from law firm LEX Caribbean acting on behalf of Ansa Motors/CarMax. In the interest of what is fair and transparent a copy of the letter is shared with the BU family which has already solicited a response from the CarMax customer Mr. Blackman.

Reply by CarMax customer (Blackman) to the letter from Lex Caribbean.


Dear Sir/Madam

 

 

I am at confused, I thought these contentions were about a defective engine with an incorrect number sold to me, how did a VIN number become the subject.

 

 

The difference in engine numbers arose because of negligence and misrepresentation that there are no excuses. I was under no obligation to take my vehicle to MQI for service or maintenance if the truth be told, the said 2005 Kia Sportage vehicle, was serviced and maintained by MQI. The engine lasted 4 years before becoming faulty.

 

 

Your client should have made his investigation with due diligence before he sold the vehicle or during the sale in 2014. I did not make any allegations, I stated a fact that CarMax Manager Mr. Spencer knowingly sat beside me and signed a sales contract, the sales contract recorded an engine number D4EA5H112253.

 Mr. Spencer had an obligation to disclose the true condition of the engine. When I asked about the condition of the said vehicle engine he did not, had Mr. Spencer told me the truth, we would not be here today. Mr. Spencer was negligent in 2014.  If due diligence was carried out in 2014 before or during the sale of the vehicle to verify the correct engine number we would not be here.

 

 

Mr. Spencer as manager has the responsibility to make sure the documented engine number and the installed engine number were exactly the same number, he did not do such, and if he is claiming he did, that make this situation worse.

 

 

Mr. Spencer or other officials of CarMax for who he is responsible typed an engine number on the sales contract which he and I signed in 2014. Ms. Smart gave me the exact number on a Proforma invoice to obtaine my insurance. CarMax official carried-out the registration of the said vehicle at Barbados Licensing Authority.

 

 

After the vehicle engine became very faulty and was removed the different engine number was discovered. In my justified complaints Mr Spencer took 3 weeks to respond by email “Without prejudice“.

 Your client, Mr. spencer admitted to resorting in 2014 to the Dealers Management System for a previous engine number of the said vehicle, he made an excuse of “innocent error” because the truth of the defective engine and hidden number was revealed, but, at the same time denied me the opportunity to used his admission in seeking my legal right in court for damages.

 

 

Whatever, I said about your clients is the truth. My complaints to the Royal Barbados Police Force is a genuine case of any person or company that carried-out wrongful action to  get cash from another person.

 The Barbados Licensing Authority is the placed to report illegal registration such as the registration your clients made.

 

 

The Nation, Barbados underground, Barbados Today, Facebook, and any other media websites, only highlights the facts of what happened in the sales contract between your clients and I.

 Your clients in general and CarMax Manager in particular actions were and still are not fair,  just, or legal. Your clients action has taken advantage and sold me a vehicle for $35.500 with a defective engine, unjustifiably depriving me of private transportation and implicated me in insurance fraud.

 

 

I am not harassing your clients, I am merely seeking redress with constant reminders

. I don’t know how to retract the truth with untruth. Your mighty law firm just like the mighty Ansa motors Barbados /CarMax can never stop me from justly agitating with truth for my rights.

 

 

I refuse to be bully.

 

 

Best Regard

 

 

Alden   Blackman 

80 responses to “CARMAX: ANSA MOTORS (Barbados) RESPOND to ACCUSATION of FRAUD”


  1. Theo how much……. I have swapped my buicks engine 3 times just sold my gmc truck with a newer engine and I will check to see if the used rav I bought has only a vin or both and get back to you.
    Secondly who in there right mind lets donna own a machete

  2. Critical Analyzer Avatar
    Critical Analyzer

    @Artax @David
    Under normal circumstances, the VIN and Engine Number mismatch is not going to be found unless the person buying the car or finance company actually looks at the physical engine number instead of taking that information from the previous owner’s documentation which usually ends up being their insurance certificate.

    Since both the car’s brand dealer and used car dealer are under the same umbrella and the vehicle was serviced by the official dealer from inception based on their response, they would most likely just have shared documentation or simply pulled it up on the computer instead of doing a physical check.

    That is why it is a buyer beware issue because the onus is on the car purchaser to ensure the numbers on the documentation match their vehicle. Finance companies now do that check since that huge car problem years ago to cover themselves but you should also do that check yourself as well when buying any car, new or otherwise.

    We bajans like to put the blame on others for failing to do what we were supposed to do.


  3. @CA

    The explanation you have given adds currency to the argument that CarMax was in the best position declare for the sake of transparency the engine switch and for it to be have been reflected on the relevant documentation at sale.


  4. Two things who puts 42000 miles on a 26 foot long island in 4 years , sounds like he bought an old taxi.
    secondly how many miles in the last 7 were put on simple question

  5. Critical Analyzer Avatar
    Critical Analyzer

    @Lawson June 26, 2021 7:36 AM

    Even Lawson who seems to know the procedure has to go and check his vehicles now.

    Who in their right or wrong mind would stop Donna from buying a machete. I pity the fool. She probably already have a machete room and special one beneath the pillow.


  6. Who in their right mind would try indeed!

    But I lived for years in a house with a licensed gun. Never even felt the need to look at it. Don’t know what it looked like.


  7. Oh, and I do not own a machete and sleep with no weapons under my pillow.

    No burgler bars either. A few motion sensor lights and I good.

  8. Critical Analyzer Avatar
    Critical Analyzer

    @David June 26, 2021 7:40 AM

    Which they acknowledged in their official legal response.

    (iii) This difference arose because, in 2009, our client replaced the original engine with a new OEM Kia Short engine for the owner of the Vehicle at the time. However, due to inadvertence, our client did not provide that owner with a letter to the Barbados Licensing Authority (“Licensing Authority”) advising of the engine change and supplying them with the new engine number…

    Mr. Blackman should count himself lucky as it seems he got a newer engine when he bought the car unless his investigation turns up a stolen or older than 2005 engine.

    Had I been the company’s lawyer writing the letter, I personally would have replaced the demands at point 3 and 4 in the letter with a ‘Knock your out making it an issue’ but all lawyers the world over like to feel they have all the power and their letters can intimidate and scare people so I guess that’s why I’m not one.


  9. Buyer beware
    If he was buying a Rolex from a man on the street then the buyer beware argument would have strength, but the purchase is from an established Rolex dealer and the buyer got less than what was expected then we have entered the neighborhood of fraud.

    We must hold these large companies to a standard higher than buyer beware. We should expect them to deliver what was promised and not hide behind some cheap lawyering phrase. The free pass is revoked
    ——–x——
    Comedian alert
    @Lawson
    Let me put this in a way that you can fully understand.

    Buyer beware would be applicable if you are getting your Viagra supply from a man on the street. Your local pharmacy has to be held to a higher standard.


  10. Silly me. Going to get the boot and the buzz off again, but here I come.

    Would be careful disclosing some information.


  11. @CA

    The acknowledgment and glib reference to the inadvertence must have consequences in this instance.


  12. We keep strange hours at my house. When I am asleep, my son is awake and vice versa. It is not planned. That’s just how it is. I fall asleep early and wake up in the wee hours. He goes to sleep in the wee hours and wakes up in the late morning.

    It is not a long way to my study or my kitchen or my laundry room where everyday weapons are readily available.

    There is a man who breeds dogs at the back of the perimeter of my house. I cannot step into my back yard at night without causing an uproar. A stranger at night would soon find out his mistake.


  13. Your concern for my welfare was never in doubt. I am not stupid.

  14. Critical Analyzer Avatar
    Critical Analyzer

    @TheOGazerts June 26, 2021 8:12 AM
    Large companies are held to a higher standard but if you get aggressive with companies making claims you can’t firmly substantiate, don’t be surprised if they make use of their legal dept or retainer fees and get their lawyer to use one of their standard form response letter, write you and push back.

    The buyer has to bear some level of responsibility in the matter. The same way you would check to make sure you got your Viagra and not the previous customer’s panadol whether it be the man on the street or your pharmacist, mistakes will happen so we must always check we got what we paid for and cannot blame anyone but yourselves if we did not check before we left the shop or warranty ran out.


  15. @ CA

    I understand the points you’re making. However, you are speaking on ‘hind sight.’

    In this particular case, CarMax would have probably registered and licensed the vehicle on behalf of Mr. Blackman. If he had done the registration process himself, and, as you ‘said,’ “actually looked at the physical engine number” and VIN to enter that information on LA’s registration form, he wouldn’t have known the vehicle had a different engine, unless CarMax informed him of the change.

    If he was not informed, he would have gone ahead to insure the vehicle, believeing both the VIN and engine number were original.

    So, under the circumstances, he essentially “did not fail to do what (he was supposed to do.”

    A problem would’ve arisen when during the registration process at LA, their records indicted the engine number was not original to the vehicle.


  16. @Artax

    Correct. Who guards the maguffy at the table.

    Bajans are so meek and mild, we hate to test 50:50 plays.


  17. I think your example works against you.
    You have forced me to continue down the track that I prefer.

    My experience with Panadol and Viagra is limited. Major lawsuit, if I laid there all night hoping …


  18. “………… if I laid there all night hoping …”

    ………… for a séance?

    https://media.tenor.com/images/b056d7d835ff43ee381a6efbbf1f14db/tenor.gif

  19. Critical Analyzer Avatar
    Critical Analyzer

    @Artax

    He did fail because he should have taken some time either at delivery or within a few days after he had the car home to check it himself or get his mechanic or friend to verify the VIN and Engine matched his insurance certificate/cover note.

    Had he registered the vehicle himself, the same thing would likely have happened since we may check the VIN but hardly anyone checks the engine number since that is harder to find.

    I could have been him as I myself have purchased several second hand cars over the years and never once checked the VIN and Engine Number except for the one time the LA cashier told me my engine number was wrong because I copied it wrong on the registration form and it was quicker to check the car than to search my files for the document.


  20. 😃😂
    Loose ball.. despatch to the boundary.

  21. NorthernObserver Avatar
    NorthernObserver

    @Lawson
    Since you have experience.
    What is the value, or better yet, how do you assess the value of a used vehicle with a swapped engine/motor?
    Often we find in the sale listings, “body has 260K, engine has 45K”. Personally I don’t touch them, for I am an ignoramus, and have no way of knowing who did the swap or what the status of the swapped motor was.
    Hence I don’t know what a ” Short engine” is?
    From my observation the asking price is frequently less than a vehicle with original components. Sellers trying to get a premium or equal value for a swapped motor, even if new and done by an authorised shop, doesn’t seem to work.
    Hence this “inadvertence” by the dealer, did it net them a better price?
    It would seem to me, that at best, the current owner may be eligible for 15% of the sale price, in light of the age/kms on the vehicle.


  22. “It would seem to me, that at best, the current owner may be eligible for 15% of the sale price, in light of the age/kms on the vehicle.”

    I have no idea of the amount he should awarded/eligible for, but this is a much better approach than ‘buyer beware’. This lies somewhere between my claim of fraud and those who claim it’s the victim fault. A reasonable stance.


  23. Theo what are the k on the vehicle right now ,you seem to know. Northern the truck I just sold with a swapped engine didnt matter because they only made 148 of that model so even if a matching number was more valuable it still commands a good price. When I buy a car I test drive take it to my mechanic for a compression test and a good once over brakes, oil, etc and if seems good drives good and the price is right I buy it, The last thing I would do is drive it for seven years then try to get a new one or money back because the numbers dont match. The rav I bought part of the warranty is the dealership does the oil changes the regular inspections or any issues that arise, he went somewhere else case over


  24. The issue is not how long the man drove the truck, it is the fact the dealership with access to the history was not transparent with pertinent info.


  25. @ CA

    Please…… don’t insult our intelligence with nonsense.

    If you’re registering a vehicle in Barbados at Barbados Licensing Authority, especially one that’s the age of the Sportage, insurance companies require road worthy and/or valuation certificates from a reputable company. In some cases they recommend the companies or do it themselves.

    The person preparing the certificates would check the VIN and engine number to verify they match the information that’s recorded on the vehicle’s documentation.

    RE: “Had he registered the vehicle himself, the same thing would likely have happened since we may check the VIN but hardly anyone checks the engine number since that is harder to find.”

    Surely you can’t be serious. You cannot go into LA with the VIN only, expecting to have the registration process completed, because the engine number MUST also be included on the registration form.

    RE: “I could have been him as I myself have purchased several second hand cars over the years and never once checked the VIN and Engine Number except for the one time the LA cashier told me my engine number was wrong because I copied it wrong on the registration form and it was quicker to check the car than to search my files for the document.”

    ‘See wuh I tell yuh.’ You’ve gone ‘full circle’……… only to return to contradict yourself.

    Yes, Mr. Blackman should’ve probably checked the VIN and engine number himself. However, he believed CarMax’s agent was acting ‘in good faith,’………. that he/she was sincere and honest during the agreement…… and there wasn’t any desire to defraud him.

  26. NorthernObserver Avatar
    NorthernObserver

    @Lawson
    Let’s assume the Kia in question is not a limited quantity edition, to excite the car buffs.
    Does a swapped motor affect value?


  27. NO if after four years and 68000 k were put on an engine on a small island hardly highway driving a new engine may put the resale value up.
    Whats curious is no-one is saying what the odometer read at 2009 on the engine replacement what it was at 2014 or what it is now . I wonder if a new engine was installed in 2009 would they legally be able to roll the odometer back or even if it is a new motor does the gauge have to reflect the miles on the rest of the car.


  28. @Lawson,
    My knowledge of engines is zero, but your statements have me wondering… I now repeat some of what you stated
    What should the odometer read,
    mileage from the old engine
    mileage from the new engine
    And as you stated the rest of the car and the mileage would be out of sync.

    Some used car dealers without changing the engine roll back the odometer (dishonest and illegal).

    Your note points out why the buyer beware argument is inadequate. Mr Blackman would have to be aided by an ‘investigative journalist’ to go down these many avenues. Buying a used car from reputable dealer should not be hard work.

    There must be a difference between an established dealer with qualified staff and a man selling watches around the corner and under a streetlight.

    As the discussion continues, the ‘theometer’ is tilting towards outright fraud.


  29. I agree there are issues that could be resolved if someone supplies the mileages, if not it sounds like someone wants something for nothing. What if the new owner put 200000 k in his seven years of ownership would you feel the same, should he be compensated for what has been a well driven vehicle.


  30. Without information we can both go down the what if road..
    What if…
    200000km
    30 visit to his mechanic
    7 major repairs
    Numerous calls to the dealer
    The car was well driven and he was driven crazy.

    There are tons of details that would clear up the picture, until then the theometer’ is in the fraud zone.

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