375+ # 0384

You say 'Good Faith Purchase', and 'Stolen Car' all in the same post. Which is it?

And just because it seemed 'abandoned' does not mean someone did not own it.

Perry

 

The court (at least in London) decides upon the evidence presented. If you have an interest and didn't present it to the court then no use moaning afterwards.

I have NO TIME for those who subsequently (for whatever reason, and I can conjecture a few) try to denigrate the integrity of the car/ownership etc.

Shame on you.

 

Have you been 'hands on' with the car since its restoration?

 

Hello Perry,

Answer #1; It was a Good Faith Purchase.

In January 1989 the Ferrari Hulk #0384 was sitting in Tucker, Georgia between Global Motorsports (owned by a British race car ‘GURU’) on one side and F.A.F. (the Ferrari dealer) on the other side. The late Gerald Roush of The Ferrari Market Letter was called to do an appraisal and certification of the mystery carcass.

The late Gerald Roush confirmed the remains of #0384 at 35,000.00 to 50,000.00 USD to the seller.
Gerald Roush, then offered to list/sell the Ferrari hulk for the seller.

(The Ferrari Market letter prides itself on being the foremost leader on the valuations of Ferraris along with keeping track of VIN numbers).

Gerald Roush turns over an info packet on #0384 to the seller at the time of the appraisal.

When I viewed the Hulk some weeks later, I was introduced to the owner, saw the carcass, and then was informed about the story of how and where it had been acquired. While performing my ‘Due Diligence’; I checked the VIN number with the Marietta Police, the Georgia DMV, The Ohio police and the Ohio BMV just to name a few.

The result was; No listed ownership on #0384 anywhere, No liens on #0384, No stolen report on #0384, and No Kleve involvement on #0384. Period!

Answer#2; No one owned The Ferrari 375 plus #0384 according to the seller, according to FML, and according to any Government agencies that keep records on VIN numbers.

The chassis was purchased as a “Good Faith Purchase” in January 1989.
The chassis was titled after purchase in January 1989 to allow export to Europe and from Europe for restoration/recreation of #0384.

Among the many documents received by Christian and I were the private FML notes on the 1954 Ferrari 375 Plus #0384.

That document is attached.
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Dear Sir,

I ask this with no disrespect intended so please don’t take it the wrong way.

Have you been following this SAGA for some time or are you new to this?

I am only referring to #0384 below and not the #0394 that is the property of the BC.



Item #1 The UK court does know that the car was NOT sold to Kruch.

I did not sell it to Kruch and my partner Christian did not sell it to Kruch.

Then how can it be possible Kruch can sell it to Lancksweert/Swaters?

How can the UK courts confirm title passed to Swaters this way?

I still have title, so we know it was not transferred. It was needed for the return of #0384 and that did not happen.

I originally shipped the car in MY name using my friend & business associate Michel Kruch’s address. Attached #12 #12.1

Furthermore; The purchase price was 50,000.00 paid for #0384.

100,000.000 ++Dollars spent for The Atlanta Federal court proceedings
PLUS 3-4 private investigators, 3 lawyers, 12 ++ trips to Ohio,
3 Defendants lost work time then 9 months prep for trial.


So how can Swaters pay less for the car than we did?


Item #2 I was there in Ohio with Kleve 1999/2000 and he said he did not get paid. I am quite positive there was NO Ferrari 250 roadster with a value of 340,000.00 that was given by Daniels.

Do you know anybody that saw KKL driving the phantom Ferrari 250 Roadster in Cheviot, Ohio? Why no chassis number, Why no color, Why no copy of title, Why no pictures, Why no receipt? Cause it didn’t happen.

I’m sure some would like to believe Karl Kleve was paid via a roadster and cash but I’m quite sure he did not. Attached #30 &31 from an Ocean Joe post p 31 #602.



Now if Daniels took the money and forgot to pay Kleve then how is the Kleve claim settled?

Let’s ask 180 out since he is qualified to answer this.

I f Kleve did not receive any money or car or a combination of the 2 would that still constitute a sale in the eyes of the law?

Please know that I am not here to denigrate the integrity of the car or the ownership.

That is being done all by itself. We will talk about who to shame in the very near future.
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The motivation behind the recent plethora of pathetic claims in advance of the Court hearing is obvious. Plenty of rhetoric but not a shred of evidence and an deafening silence from Ocean Joe

What is the definition of extortion in the US ?

 

Guy

I have been following this thread for many years, in fact you have previously replied to my posts. I have also attended a number of the London court hearings and will indeed be there for the next ones.

So please don't preach to me about this case.

 

Hello Kim,

It seems to me that you should be asking yourself this question.

Why is this in court anyway? Why is the Plethora of attorneys necessary?

Everybody in this mess should be satisfied according to where you are sitting.

Yet!

The buyer wants a full refund including damages and compound interest. Why?

Ocean Joe wants to rescind the complete deal. Why?

Swaters has received nothing and no longer has a Ferrari in her possession. Why?

A second consignor that listed the car with Bonhams has seen only litigation. Why?

Bonhams, who has sold the Ferrari to an innocent buyer, chose to be tied up in court rather than make this right. Why?

I have read where your U.K court system allowed the junked-out spare parts, which were included in the Goodwood sale in June of 2014, to be granted to Swaters citing a payment that was NOT verified to have been received by Kleve. What? How does that work?

Oh please forgive me……I almost forgot…….. there was the $340,000.00 phantom roadster given to Kleve thru osmosis. Are you kidding me?

Perhaps there was a bounty hunter who received the Kleve funds and then claimed Kleve was paid thru osmosis again. Are you serious?

Then you talk about extortion in the United States. Wow this is just messed-up.

Let’s talk about “Color of Title” go ahead ………look it up.

 

I'm all ready to attend the London court on Monday for the start of the case, Les Wexner apparently appearing on that day, and the case continuing for many days thereafter (trial timetabled to run till 6th May).

Kim and I will between us try to give regular updates.

Finally this whole saga might get sorted although Joe will no doubt thereafter try to take it back to Ohio or whatever.

 

Back in the day when manufacturers created replacement road car engine blocks they were typically not stamped with an identification number until the end user installed the engine. It was often the same serial number with the possible addition of a letter to denote that it was a replacement. In the case of racing engines, they were often not stamped when installed. No need to. It was not licensed for the road nor was it expected to have a ling life. I believe it is the famous C or D Jag fiasco that comes to mind, each containing the same identification number on many pieces. One person bought both cars and consolidated into one original and one replica I believe. The question of the stamping / over stamping will probably never be solved. In the hyper value of today's collector cars, there is tremendous pressure to make the numbers match.

 

Case settled

 

Case settled on the Court steps

 

Do tell.

Regards,

Art S.

 

Rather than on the court steps it was settled at 03.30 this morning. Wexner keeps car, Zanotti Ford Lawson ownership claims dropped.

The court hearing lasted all of 4 mins 20 secs

 

This feels like a complete turnaround from almost everyone's previous position

Indeed would it be possible to read it as vindicating the Bonham's sale ?

Has anyone been left in any position to appeal !!! no doubt we'll hear it here soon.....

 

Please tell more! lol...

 

Seems like the real winner in all of this now (besides the attorneys) would be the Honorable Justice Flaux, as he won't need to spend the next week of his life leading a class on the law for one certain litigant involved in these proceedings.

And where does this leave our poor friend Guy Anderson anyway? I refuse to believe there won't still be another angle there.

>8^)
ER

 

Flaux is even luckier than that - the trial was timetable for 18 days. And even better, he commented that when he was told on Saturday morning that the Zanotti claim folded he had a feeling that a settlement was now going to be reached and it saved him a weekend of reading.

Who knows about Guy?

 

So Bonhams got cold feet at the last minute and decided to negotiate ? And If so presumably OJ et al dropped their claims because they also got something too. ?

 

Well we'll just have to conject on that as the settlement terms are not in the public domain.

 

Will they ever be?
Nathan

 

Under the terms of the settlement I believe not.

 

What a waste of time and money!

"Life is to short to spend it in court."