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Dealer says Hilux built using stolen engine now the subject of a police investigation

Author
Open Justice,
Publish Date
Sat, 5 Nov 2022, 2:58PM
Jeremy Jane's $38,000 Toyota Hilux now sits in his driveway unable to be used after it was flagged unroadworthy. He's accepted he may never get his money back. Photo / Supplied
Jeremy Jane's $38,000 Toyota Hilux now sits in his driveway unable to be used after it was flagged unroadworthy. He's accepted he may never get his money back. Photo / Supplied

Dealer says Hilux built using stolen engine now the subject of a police investigation

Author
Open Justice,
Publish Date
Sat, 5 Nov 2022, 2:58PM

The owner of a now worthless Toyota Hilux that was built from multiple parts, including a stolen engine, has resigned himself to the possibility he may never get his money back.

And, he’s not the only person to have bought a Hilux from the same dealer that has ended up in the Motor Vehicle Disputes Tribunal this year.

In late 2020 Jeremy (Russell) Jane paid $38,000 for his ute which is now parked up, unable to be used after Waka Kotahi NZ Transport flagged it as unroadworthy because of the danger it presents to him and other road users.

It comes after Auckland man Jay Keophila paid Vehicle Imports Direct Limited $45,000 for his 2018 Toyota Hilux three years ago, only to later find out it had been in a serious crash and had been poorly repaired, leaving it with numerous faults.

Jane, a builder and keen hunter who likes to head to the hills around his home in Hawkes Bay thought he’d found the perfect vehicle in October 2020.

Jeremy Jane says his ute was ideal for hunting and roaming the hills of Hawke's Bay. Photo / Paul Taylor

Jeremy Jane says his ute was ideal for hunting and roaming the hills of Hawke's Bay. Photo / Paul Taylor

“It’s a four-wheel-drive and I do a lot of hunting, and it’s great for my work, for carrying all my tools around.

“I’m a builder by trade, and I tow a trailer and collect firewood – all that sort of thing.

But 17 months and about 36,000 kilometres later, Jane found out the 2017 Hilux was not what it seemed but a composite built from many parts, including a stolen engine.

The case ended up at the Motor Vehicles Disputes Tribunal, which instructed Vehicle Imports Direct Limited to refund the $38,000 Jane paid for the vehicle.

However, despite the business still being registered with the New Zealand Companies Office it no longer appears to be trading from the Hamilton site, which is now vacant with all branding and signage removed, the telephone is disconnected and emails from Open Justice remain unanswered.

When Open Justice first reported on the tribunal’s decision, neither Jane nor the vehicle company director Stephen (Steve) Milo were able to be reached.

A Hamilton car dealer has been ordered to pay back $38,000 to a vehicle purchaser but the business appears to no longer be trading from the site. Photo / Belinda Feek

A Hamilton car dealer has been ordered to pay back $38,000 to a vehicle purchaser but the business appears to no longer be trading from the site. Photo / Belinda Feek

Since then Open Justice has tracked down Milo who didn’t want to say much besides the fact the matter regarding the vehicle bought by Jane was now in the hands of the police, with whom he was working to try and solve things.

“I can’t really comment because the vehicle is the subject of criminal proceedings,” Milo said.

Milo declined to comment on whether Vehicle Imports Direct is still trading, or offer any comment regarding the vehicle sold to Keophila.

He told the tribunal at a hearing in July that he was unaware of any damage or repairs to Jane’s vehicle and no flags were present when he checked the vehicle on a Motor Web information report. He add the vehicle was in “very good order”, with no signs of damage when supplied.

Jane said the Hilux was “smart as” when he viewed it – tidy, and with nothing evidently wrong.

The first he knew there was a problem was a letter he got from Waka Kotahi NZ Transport Agency, for whom a red flag was raised when it discovered the vehicle had been in an accident, and that it needed substantial repairs as a result.

Keophila found out in much the same way, with a letter and then a phone call, which ultimately resulted in him lodging a claim with the tribunal as well.

Jay Keophila paid $45,000 for his Toyota Hilux from the same dealer, and discovered later it too had been badly damaged in a crash and was in need of repairs. Photo / Facebook

Jay Keophila paid $45,000 for his Toyota Hilux from the same dealer, and discovered later it too had been badly damaged in a crash and was in need of repairs. Photo / Facebook

Jane said when the letter arrived he immediately felt “ripped off”.

“It wasn’t what I thought I had bought.”

The agency was alerted when it had not been able to find any records to confirm the vehicle was restored within manufacturer specifications and so had concerns about its safety.

It told the tribunal the lack of records about its restoration and the nature of repairs following the accident meant that the previous warrant of fitness and inspection was unlikely to have identified any issues stemming from the repairs.

The agency advised Jane to take the Hilux to a light vehicle repair specialist certifier who confirmed the extent of the problems with the vehicle.

The Hilux, had as it turned out, undergone a process sometimes known as “rebirthing”.

The chassis was original but showed signs it had been involved in an accident. Waka Kotahi found the engine number related to a white 2017 Toyota Hilux with a different registration number, which it said had been stolen and not recovered.

The cab fitted to the vehicle was not original, but Waka Kotahi could not say with complete certainty where it had come from, which brought into question the quality of the vehicle’s airbags, seatbelts and other components fitted to the cab.

The agency told Jane the vehicle posed a “serious safety risk”, revoked its warrant of fitness and placed an immediate safety flag on it.

Jane says his heart sank.

“I just thought, what the…I couldn’t believe it really. I didn’t know what to think, or that something like this could even happen, even though Waka Kotahi did explain to me how it had slipped through the system.”

Jane says no pre-inspection check could have ever picked up the extent to which the vehicle was damaged.

“I did the online checks you can do, and he (Stephen Milo) was an approved dealer so I thought, ‘I can’t go wrong really’.”

The tribunal ruled he was entitled to a full refund once the dealer had collected the vehicle - but it’s still sitting in the driveway of his Napier home.

The 31-year-old says he’s annoyed no one seemed to be stepping up to help, despite his efforts to get in touch with Milo to find out when he might receive the refund, as ordered.

“No one’s being held accountable and I’m still without a vehicle and without any money now – I’ve wasted thirty-eight grand which has gone down the drain.

“I want my money back but it’s going to be hard, I think.”

Keophila is still waiting for his vehicle to be repaired, as ordered, but said Milo had at least refunded the $3000 inspection fee needed to assess the degree to which the Hilux had been damaged.

“He’s taken my vehicle for repairs to try to get it up to scratch but it’s been gone since early July – I don’t know where it is, and today (November 3) was the first time he’s rung me in a long time.

“I need the vehicle back because I’m struggling without it.”

- Tracy Neal, Open Justice

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