Barrett-Jackson lawsuit over the Ramcharger Cuda
 

The Cuda that the Judge said was short saled etc and he chained the car up after the auction... Bill Howell faxed me the exhibit just signed by the Judge..


"Exhibit A.
Upon Review of auction video footage and further consideration of the relevant facts, I, David L. Clabuesch, have concluded that with respect to the January 20,2007 auction of my vehicle-a 1970 Phymouth Hemi-Cuda conducted by Barrett-Jackson that I can no longer pursue any action alleging auction irregularities, including the claim that the car was short hammered while on the auction block. I have also determined that there was no relationship between Barrett-Jackson and the buyer of my vehicle nor was there any conspiracy between Barrett-Jackson and the buyer of my vehicle or any other person, to short hammer the sale of the car. I no longer believe that Barrett-Jackson violated the terms of the consignment agreement in conducting the auction sale or otherwise breached any duties to me as a consignor.
Signed: David L. Clabuesch
1/7/08 "

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

Kinda clear who won that arguement I think...Thanks Billy

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

Wasn't B/J also going after him for slander for some negative things he was saying about them on the internet afterwards?
Is that settled too?

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

looks like the little fish got swallowed up by the bigger fish

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

and did the 'winning' bidder get the car?

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

Charley, I'm happy for BJ. Pretty obvious in that writing that Clabuesch put up the white flag and threw his towel in the ring - any info what brought about the surrender at this stage ? I'm sure prior to the lawsuit and many $$$ ago for all parties he must have reviewed that video, NOW he puts the brakes on ?

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

Does this mean that there is no hanky panky going on at this auction???

https://www.yenko.net/ubbthreads/imag...lins/dunno.gif
PJ

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

Boy! Must have bruised the ego of the judge to have to make that statement.

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

Written by a Lawyer and signed by someone over matched

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

Does this mean that there is no hanky panky going on at this auction???

We all know Barrett is the MOST HONEST COMPANY IN THE WORLD!! They are true cars guys selling to car guys they're not in it for the money..lol

Power and money will spin anything.

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

My Feelings EXACTLY,.........How could it not be fair and above board !! LOL

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

[ QUOTE ]
Written by a Lawyer and signed by someone over matched

[/ QUOTE ]

A perfect 'in a nutshell' statement!.
https://www.yenko.net/ubbthreads/imag...lins/beers.gif
~ Pete

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

With the upcoming auction, now is the perfect time to get this thing concluded. It wouldn't do to have it pop up again.

I am always curious when packages like this get tied up so neatly. https://www.yenko.net/ubbthreads/imag...mlins/hmmm.gif

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

I will be watching closely at the auction this year and with a hint of suspicion. I am sure we have not heard the end of this.
PJ

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

Probably some back office deal made between the plaintiff and defendant "we'll give you what you wanted for the car and you recant your bashing of BJ" end of story

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

Very possible they reached a settlement a week or so prior to this years auction and part of the deal was this statement by the plaintiff. I doubt this Judge walks away with nothing and folds this fast, that would be highly unlikely in my opinion. I am sure he carefully considered the merits of his suit before filing. My two cents.

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

[ QUOTE ]
Probably some back office deal made between the plaintiff and defendant "we'll give you what you wanted for the car and you recant your bashing of BJ" end of story


[/ QUOTE ] So everyones a winner.

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

Good to hear everything back to normal? fast cars and fast money

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

That nutcase judge from NY that sued the cleaners for 24 million over his lost pants lasted longer than this case. Ron...

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

------Its just my opinion but I think that B/J had this judge by the short hairs. Im not sure why, but its something we dont know about and probably never will..........Bill S

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

[ QUOTE ]

Does this mean that there is no hanky panky going on at this auction???

https://www.yenko.net/ubbthreads/imag...lins/dunno.gif
PJ

[/ QUOTE ]

If I recall correctly, this was right after the BS auction of the non car items(ie. rock and roll stuff) I remember clearly having an opinion right then and there. Spanky was pissed that the auction lost momentum. I won't give my opinion here for legal safety but I remember it for a reason.

JOHN

Re: Barrett-Jackson lawsuit over the Ramcharger Cuda
 

SHHH Thoses were some good seats there John !

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

If Ramcharger Cuda guy is making a "public" statement as to the status and/or demise of the case, obviously some kind of settlement was reached. I don't think he would do that willingly, especially being a Judge. Cuda guy wants the money he "believed" he was entitled to in a "fair" auction and BJ wants thier good name/status back. BJ has to go on and on and would probably would rather not admit any "guilt", Cuda guy just wants his money and he'll go away, soon to be forgotten. My .02

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

I feel he had NOTHING !! NO RESERVE !! https://www.yenko.net/ubbthreads/imag...ns/naughty.gif

People think the sellers are so happy. I see them walking down the ramp PISSED OFF a LOT. Guys think their car is worth a million and it brings a half a million. You should see the look on their faces. https://www.yenko.net/ubbthreads/imag...lins/blush.gif

Check out the 4 door Hemi car when that went threw. https://www.yenko.net/ubbthreads/imag...lins/dunno.gif

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

I really do not think B/j will be as big as it once was
I know for fact there was a lot of anger and disgust with the whole thing last year
A lot of people lost big money because of the bone head Idea of no reserve
Why transport a car go threw all the B/s and end up selling for much less then you have in to it that is just crazy I know there would be no way I would sell with out a reserve
And I will not be surprise that there will be more lawsuits in the works
I know of more coming only time will tell what the out come will be but for every lawsuit just gives B/J a black eye To make it honest they have to bring back the reserve if not it will be a slow death for B/J each year it will get smaller till one day it will be gone
I know a lot of people that used to go will not be going this year Me I don’t think I will even waste my time watching it on .TV They really shot them self in the foot last year
Last year was so bad I am surprise they are putting on Tv but hey I don’t have to watch

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

Amazing...The market has turned down, Barrett-Jackson is the biggest barometer of that and it is their fault ? Someone sells a car at no reserve, doesn't get what he thought he should and it is their fault ? Was there not enough bidders ? Has there ever been that many registered bidders ? And it is their fault ? The guy with the Cuda made money on the car but bitched because he was sure it was worth more. Does anyone think the same car today will still bring what the guy got for it ? I don't think it will. Yes I think the quality of cars is down because of the no reserve but I applaud them for doing it while it worked. This is a auction. All my life I looked at auctions as a place to maybe get a good deal. Now the sellers should sue because they listed a car at a auction at no reserve and it didn't get them what they would have set their reserve at if they had a reserve ? ARRGH !!!!!!!!

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

I agree...people are pissed that the cars sell at too high of a price...people complain when the cars don't sell at a high enough price.... https://www.yenko.net/ubbthreads/imag...mlins/hmmm.gif https://www.yenko.net/ubbthreads/imag...lins/dunno.gif

I have it easy...I just go to have fun...it's one of the best car shows around!

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

[ QUOTE ]
I agree...people are pissed that the cars sell at too high of a price...people complain when the cars don't sell at a high enough price.... https://www.yenko.net/ubbthreads/imag...mlins/hmmm.gif https://www.yenko.net/ubbthreads/imag...lins/dunno.gif

I have it easy...I just go to have fun...it's one of the best car shows around!

[/ QUOTE ]


It's an "Event"........Like the Street Rod Nationals...only with some of the "Finest" Muscle Cars on the Planet.......and.........you have the option of buying any one you want...........I think it's pretty cool..."Everyone" knows the Rules going in........So.....What's the Problem...... https://www.yenko.net/ubbthreads/imag...mlins/hmmm.gif

Ken https://www.yenko.net/ubbthreads/imag...mlins/flag.gif

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

investment owners are in this hobby for the wrong reasons

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

[ QUOTE ]
Amazing...The market has turned down, Barrett-Jackson is the biggest barometer of that and it is their fault ? Someone sells a car at no reserve, doesn't get what he thought he should and it is their fault ? Was there not enough bidders ? Has there ever been that many registered bidders ? And it is their fault ? The guy with the Cuda made money on the car but bitched because he was sure it was worth more. Does anyone think the same car today will still bring what the guy got for it ? I don't think it will. Yes I think the quality of cars is down because of the no reserve but I applaud them for doing it while it worked. This is a auction. All my life I looked at auctions as a place to maybe get a good deal. Now the sellers should sue because they listed a car at a auction at no reserve and it didn't get them what they would have set their reserve at if they had a reserve ? ARRGH !!!!!!!!

[/ QUOTE ]

I agree 100% Charley. If you watch the life on the block episode with this car and the actual auction, Mr Clabuesch said in one of the pre auction interviews that he "would see" if Chrysler was wrong or if he was by not taking their offer earlier in the year. Then the car brings more money than they offered him and he still pulls this stunt, slandering Barrett Jackson all over the internet, etc.....
I am afraid this incident just goes to show how we Americans take bits of news clips, and take them to be the gospel. Hopefully they got into his pocket deep enough to make him think before pulling another stunt like this.
Thanks for posting this Charley. I could not log in on the new laptop, had to get back on the old Dell...

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

Like the Judge who sued for his suit !! Whats up with these Judges ??? https://www.yenko.net/ubbthreads/imag...s/confused.gif
They should know better about wasting court time. https://www.yenko.net/ubbthreads/imag...ns/scholar.gif

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

Whats a RESERVE ?? I SAID just make him an offer !!

http://i64.photobucket.com/albums/h1...Provolone1.jpg

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

I too agree that its NOT Barretts fault the market went bad and all the sellers know its NO RESERVE before hand so to whine after the fact falls on deaf ears to me.

What I dont like it the Rock Star event it has become, 5 or 6 years ago when I first started selling with them they treated people right and actually thanked you for bringing your car and even kicked you a couple perks but now Barret has turned into a Money Monster with partnerships, TV, and the whole rock star attitude, unless you have a BIG NAME or a BIGGER CHECK book your a nobody and it clear shows. Why on earth would you treat your normal clients like second string?? when the market goes bad and the rock stars stay home your screwed and I think that is alot of whats happening..

Dana's sales and Russo still give you that personal touch and make you feel welcome and that there thankful for your business and thats what I believe will continue to make them rise and Barrett fall.

I for one wont sell with them again and I even made good money with them last year to me its all about how your treated and Barrett has become to big for there own good. IMHO

Im going to buy because I believe there will be some somkin' deals with all the negitivity how that got the few good cars they have to go NO RESERVE this year is beyond me.

After watching life on the block that Judge clearly sealed his fate by what they recorded him saying.. but it did sell way to cheap and Id glady give 300k for the car today.

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

I don't think anyone can directly blame B/J,or anyother auction house,for any market rise or fall.Their popularity and thus televising & reporting auction prices more frequently today,shows the world what certain people are willing to pay,and thus makes more & more vehicle owners AND buyers stand up & take notice as well.
Be it up or down.

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

[ QUOTE ]
I don't think anyone can directly blame B/J,or anyother auction house,for any market rise or fall.Their popularity and thus televising & reporting auction prices more frequently today,shows the world what certain people are willing to pay,and thus makes more & more vehicle owners AND buyers stand up & take notice as well.
Be it up or down.

[/ QUOTE ]


https://www.yenko.net/ubbthreads/imag...iggthumpup.gif https://www.yenko.net/ubbthreads/imag...iggthumpup.gif https://www.yenko.net/ubbthreads/imag...iggthumpup.gif https://www.yenko.net/ubbthreads/imag...iggthumpup.gif


Ken

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

I've never attended any car auction, but do tend to follow them and will have some beers while watching BJ each January. To me it's a way to get my winter car fever exercised.

For my nickle, I'd prefer to do business with anyone from this site on a private/dealer car purchase than at an auction. Perhaps I'm to methodical when it comes to car shopping, but I prefer to know and trust the person I'm dealing with. A good deal is one that all parties agree is fair.

Auctions are a different animal and i think get even more difficult when participants get into their 15 minutes of celebrity.

my.02

Blair

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

[ QUOTE ]
This is a auction...... Now the sellers should sue because they listed a car at a auction at no reserve and it didn't get them what they would have set their reserve at if they had a reserve ? ARRGH !!!!!!!!

[/ QUOTE ]

I remember you making this argument last January and agreed with you then. I could not believe how many guys were expecting to make a pile of dough in a no reserve auction.

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

From an article on this subject in this morning's 'Arizona Republic' newspaper.....

"The terms of the financial settlement were not disclosed."

My guess is that B-J offered the judge a few bucks for his perceived shortfall, he made his mea culpa, and everyone moves on.

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

Hey Bill. Good to hear from you. Should be nice Saturday afternoon. In fact a nice day for a top down cruise up to Indian Bend and 101! https://www.yenko.net/ubbthreads/imag...ns/naughty.gif

Re: Barrett-Jackson lawsuit over the Ramcharger Cu
 

To avoid something like this happening again,and if they don't already,do you guys think that auction companies will now have one of their own meet with a seller one on one while their vehicle is being driven away from the gavel,to gauge the sellers opinions/feelings and settle any disputes right there & then?