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Author Topic: Bold claim indeed  (Read 1148 times)
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Justin McArdle
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Fulvia Berlina 2C


« on: 27 February, 2018, 02:13:41 PM »

"Private seller" of Fulvia Coupe states, "Iíve been told by the UK owners club that this is probably the best Fulvia in the UK"!!
https://www.carandclassic.co.uk/car/C965422

Anyone know of this gentleman??
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Lancia 2000 HF Coupe
Fulvia Berlina 2C
lancialulu
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« Reply #1 on: 27 February, 2018, 02:25:56 PM »

Who would have said that and what UK club? It beggars belief!!!

That is top money for an S2
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Its not the winning but taking part! or is it taking apart?
1955 Aurelia B12
1967 Flavia Vignale iniezione
1967 Fulvia HFR
1972 1600 HF
1972 1600 Fulvia Sport
1978 Transformer HF3000 Strato's replica
1979 2500 Gamma Coupe
1988 Delta 1.6GTi.e.
DavidLaver
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« Reply #2 on: 27 February, 2018, 04:10:57 PM »


I can verify it really is "a very cool colour" - my 13 year old daughter has had her bedroom in just that shade.  Dulux call it "goose down".
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David Laver, Lewisham.
Cesare Ferrari
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« Reply #3 on: 27 February, 2018, 10:59:46 PM »

Is the Car and Classic web site not moderated? I would have hoped that a warning message from such a distinguished person as, say, the Lancia Motor Club press officer might prompt them to tell their advertiser to remove a sales puff making unjustified use of the Club's good name.
The car looks lovely. I suspect the seller is some sort of small scale trader. The colour is of course Grigio Tor di Valle, which is my very favourite for the later Fulvia.
Ciao a tutti
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Aprilia series 1 1938
Neil
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« Reply #4 on: 28 February, 2018, 09:26:09 AM »

I know the owner (a non member) and the car it is very good, not sure where that claim originated! It is quite local to me too, he did advise me he may sell it as he is not using much at present.
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Neil   
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1973 Fulvia S2 1.3
lancialulu
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« Reply #5 on: 28 February, 2018, 10:13:05 AM »

Is the Car and Classic web site not moderated? I would have hoped that a warning message from such a distinguished person as, say, the Lancia Motor Club press officer might prompt them to tell their advertiser to remove a sales puff making unjustified use of the Club's good name.
The car looks lovely. I suspect the seller is some sort of small scale trader. The colour is of course Grigio Tor di Valle, which is my very favourite for the later Fulvia.
Ciao a tutti
Cesare, I would do this if he had been more specific about which UK club. It could have been the Triumph owners club !! If Neil knows the guy best if he has a word (Neil?)?
Tim
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Its not the winning but taking part! or is it taking apart?
1955 Aurelia B12
1967 Flavia Vignale iniezione
1967 Fulvia HFR
1972 1600 HF
1972 1600 Fulvia Sport
1978 Transformer HF3000 Strato's replica
1979 2500 Gamma Coupe
1988 Delta 1.6GTi.e.
Cesare Ferrari
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« Reply #6 on: 28 February, 2018, 03:50:33 PM »

Tim,
are you a lawyer as well? As well as me I mean, and of course as well as your other accomplishments. I think the implication that the club concerned is ours is pretty well unavoidable from the text, and it would certainly meet the standard of proof required in a defamation action.
Cesare
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Aprilia series 1 1938
lancialulu
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« Reply #7 on: 28 February, 2018, 04:12:28 PM »

Dear Cesare
I have on occasion been called a barrack room lawyer....(got sort sort of grounding when I did my MBA many moons ago....)
Anyway you pushed me to contact the advertiser and request this claim be removed unless evidence can be provided to substantiate it....
I will put the quill pen down now!
Tim
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Its not the winning but taking part! or is it taking apart?
1955 Aurelia B12
1967 Flavia Vignale iniezione
1967 Fulvia HFR
1972 1600 HF
1972 1600 Fulvia Sport
1978 Transformer HF3000 Strato's replica
1979 2500 Gamma Coupe
1988 Delta 1.6GTi.e.
frankxhv773t
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« Reply #8 on: 28 February, 2018, 06:52:39 PM »

Tim, I don't know about the "quill" but if you really want to be a lawyer you need to decide where to send the "bill". (With apologies to Cesare for the implied slight  on his profession. Action for defamation awaited.)
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Cesare Ferrari
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« Reply #9 on: 28 February, 2018, 11:33:59 PM »

Bravo Tim!
I do hope that this advertiser now amends his advertisement to remove reference to our club, doubly galling as he would appear not to be a member.
I do think however that the Car and Classic site itself needs to moderate the content of advertisements, and would expect it also to run a complaints procedure. When I have a little more time I shall try and research this a bit more.
I don't think Frank's comments quite amount to innuendo, so I shall not be suing for the present.
Ciao a tutti
Cesare
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Aprilia series 1 1938
Kevinlincs
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« Reply #10 on: 01 March, 2018, 10:54:46 AM »

I've been following this thread with interest, it does throw up an interesting conundrum with seemingly no winners.
The original advert (now amended) did indeed seem to make some rather bold claims which on the face of the looks of the car were probably not far from the truth, the issue though is the total lack of any accurate statement rather than the usual nowadays "I've been told..." sort of statement. I guess if he'd have put "probably one of the best on the market" then it wouldn't have been an issue,
I can understand why the club would want to make sure they hadn't been involved with such claims in the event that something happens in the future, then it would get into an argument (or worse) about the club saying it was one thing etc etc.
Also now I guess the seller regards the club as being stuffy and obstructive, or maybe I read too much into things by trying to see both sides?
As I say, no real winners.
Guess it being the legal situation we find ourselves in nowadays that these things aren't allowed to happen.

Just imagine what would happen if a new buyer discovers it's not what it seems and tries to sue the club for saying "it's the best"!

Not that I'm saying it's not the best, in case anyone wants to sue me... Grin
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Cesare Ferrari
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« Reply #11 on: 01 March, 2018, 12:40:04 PM »

Kevin,
the issue is not I think with the car advertised, which looks lovely, nor does it concern putative legal liabilities of the club, which could not possibly have arisen from this advertisement. It is rather a question of the good name of the club, which is important to us all I think, and to prevent people using that name when they are not entitled to. A factual statement like, say, "Lancia Club concours winner" would be unexceptionable I think, as it states a matter of record, and on the caveat emptor principle an interested party can be presumed to be sensible enough to ask when, and how the car has been kept since.
Cesare
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Aprilia series 1 1938
lancialulu
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« Reply #12 on: 01 March, 2018, 12:49:10 PM »

To confirm a moderator of Car and Classic back to me to say they would contact the advertiser and would let me know the outcome. Well I am still waiting but obviously as observed the wording is much more acceptable.... It would have been easier if the advertiser was a member as we could have had a gentle word..... But Cesare's points are well made m'lud!
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Its not the winning but taking part! or is it taking apart?
1955 Aurelia B12
1967 Flavia Vignale iniezione
1967 Fulvia HFR
1972 1600 HF
1972 1600 Fulvia Sport
1978 Transformer HF3000 Strato's replica
1979 2500 Gamma Coupe
1988 Delta 1.6GTi.e.
Kevinlincs
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« Reply #13 on: 01 March, 2018, 12:52:47 PM »

ah, but you assume people with common sense  Grin
that's where a lot of issues arise nowadays.
I myself fully agree with what you are saying and indeed if it was me buying the car I wouldn't even dream of holding LMC to account with regards to the car, but I know there are people out there that can cause a storm in a teacup about the slightest thing.


as a bystander I find it fascinating how things are, I've no real opinion either way but it just goes to show that things can be interpreted in differing ways
i fully appreciate that it could have been read as an endorcement of some sort from the club, which it clearly wasn't. but to the casual observer it was..!

« Last Edit: 01 March, 2018, 12:54:43 PM by Kevinlincs » Logged
Kevinlincs
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« Reply #14 on: 01 March, 2018, 12:56:01 PM »

and gives me something to do whilst stuck at home on the east coast due to the snow  Angry

can't even get out to do anything on my stuff as all roads are closed with snow/accidents/broken down cars  Angry
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