Okay, enough is enough...

[Moose]

For those who have followed the perils of the missing parts, I'm ready to write the final chapter. A very quick recap: Took the paintable parts off of my 99 RSV and took them to Wizard of Wheels in Crete IL to have them painted white. This was in June of 2008. The dealer parted out the job and the painter absconded with my parts! Ultimately, I got back a few of the parts, but not enough to be able to ride the bike. So, for more than a year, the bike has been on a lift in my garage. I have filed with the BBB and they were very sorry, but the dealer refused to respond and they have no authority to do anything about it. I've had numerous contacts with Yamaha Corp in California, but they are not willing to help at all. They won't even allow me to buy replacement parts at cost and insist that I go through another dealer. So, enough is enough. I'll sell my '99 to the first person who comes with $2500 in cash or money order. I have a lot of chrome and extras like passenger hwy pegs and armrests. The bike was in perfect running order as I had it maintained regularly prior to this fiasco. I'll post some pictures of the bike and the parts I have.

 

chuck

[mini-muffin]

Sorry to hear that's how it ended. I wouldn't have bothered with the BBB they can't do anything anyway. I'd have gone with getting a lawyer and sued the dealer you brought it to. Then they might have thought better of getting you back your parts of getting replacement.

 

Good luck with the sale.

 

Margaret

[FreezyRider]

Chuck,

 

Do you have any documentation of all this? If so, couldn't you hire a lawyer to go after the dealer? If the dealer chooses to subcontract the painting job that doesn't release the dealer from responsibility for the parts they accepted from you. Surely there is some way that the courts could help you recover your loss.

 

Joe

[Tartan Terror]

I would get a lawyer and file a suit as well. BBB wont work. The moment the dealer accepted the parts from you he was ultimately responsible. Doesnt matter if they are sitting in his shop or on mars. The dealer should have replaced the parts long ago and then taken the fight with the painter. That should not be your job. I also would make sure you add a amount for the lost riding time and all the grief you have dealt with. Being patient is one thing but this is silly.

 

 

Just my .02

[gunboat]

i agree with tartan on this, sue the heck out of the dealer first & then the painter.

don c.

[eagleeye]

And to get the thing going, try pinwall cycles.

Whoops, see that has been suggested. good luck,

 

Steve

Edited September 15, 2009 by eagleeye

[LilBeaver]

Not to draw this out any longer and I am terribly sorry for your troubles but +1 to the Civil suit. This probably wouldn't even make it to mediation... If it did I seriously doubt you'd end up going to court. A lawyer will cost a few bucks, BUT you can always ask for the recovery costs of your attorny and court costs (if you go to court) to be part of your suit. Don't forget about the year that you had to go without the bike... all that wasted gas and the pain and suffering... (Just, sortof kidding about that)

 

But there is NO doubt you have a good civil case here, especially if you have documentation of what has been going on.

 

2ndly, most shops are insured for stuff like this.

The other route you could go is look into theft charges... (I don't know if you looked into that at all, sorry if someone has suggested it). It would be a cut and dry case.

 

3rd, call your local news channel...

 

Again, sorry to hear this, it is truly a shame

[Venturous Randy]

I agree with these comments, but I would not sell the bike until I got a resolution. Most lawyers will draft up a letter letting them know you are going the legal route and a lot of times that will get something done.

There is absolutely no reason you should not be compensated for what you have gone through. You sure are a lot more patient than I am.

RandyA

Edited September 15, 2009 by Venturous Randy

[wes0778]

Does you state's Attorney General's office not have a consumer fraud protection division?

It is amazing how quickly things begin to happen when folks receive a letter from them!!!

Been there done that with a mobile home manufacturer. It works!!!

[Squidley]

Chuck,

As much as I would LOVE to jump on that offer, I can't, But I do have some parts for the G2 laying around here that need to move out. Let us know what the bike needs and I might be able to help that along and clear out things before I move.

[Hazenson]

My wife (Pam) works at a local Television station here in Mi. You'd be very surprised the power that they have. Bad publicity is a big thing for business'. I would give them a call and tell them your story, at the very least get the word out about these scum. If there's anything we can do as a team here may be a good idea too. I really feel for ya over this, this is just rotten.

[Sheradan]

GET A LAWYER. It's the one thing that they are good for.

[Larry M]

GET A LAWYER. It's the one thing that they are good for.

 

I would go with the Attorney General first before contacting a lawyer, I've done that twice, contacted the Attorney General and you would be surprised how fast the other party come around! And, it's FREE! That's what their there for! Our taxes pay for them!

 

Larry M

[SilvrT]

Chuck... man your situation really sucks ... I feel for your dilemma.

 

Having said that, does one not release a shop from such liability when a work order is signed? Wouldn't a person's insurance cover such a thing...after all, it is theft, regardless of how and where.

[SilvrT]

GET A LAWYER. It's the one thing that they are good for.

 

That "may be true"; however they are FAR BETTER at taking a person's hard earned money!

[Moose]

I truly appreciate the outpouring of concern from everyone. It's that caring for one another that drew me to this crowd in the first place and what keeps me here now. As for avenues of recourse, there are avenues I can pursue... unfortunately, I keep getting stuck on the one where I go to the dealer and beat the crap out of him with a Louisville Slugger. This, of course, is not the correct course of action, but it is the only one that would truly satisfy me at this point. Having said that, I intend to call Yamaha ONE MORE TIME today to see if they'll accomodate me. Next week, after I return from the vietnam veteran's reunion in Kokomo IN, I will contact the attorney general and see if I can get the jerk arrested. As for suing him, it is my belief that he is over his head in hock and is just waiting to go bankrupt. Suing him in that event will leave me without parts AND with lawyer's fees. If that were to happen, I'm certain I would make a poor decision and lose my freedom. THIS is not an option. I'd rather take a loss and move on. Starbog is interested and I'd really feel good if my suffering could get him back on a venture. BTW, I've gotten quite a bit of riding in this summer on the new 'wing, so the pain has been subsiding.

[LilBeaver]

If the dealer is unable to produce your parts and in the event that he files Chapter 7 Bankruptcy (which basically relieves him of any debts owed but screws himself over pretty good) and you suit is settled as a wash you ought to be able to file an insurance claim for your parts. Either under your bike or homeowners policy (you'll have to talk to your agent or consult your policy). For me, I know that I could file it under either but wouldn't hesitate to file it under the bike policy for ease. You will then be out your deductable but that is all.

 

You may want to consider talking to your insurance agent before you saddle up with a lawyer as the insurance company may be willing to go ahead and sue for recovery of your stuff (so they don't have to be out the money for parts) but you never know.

 

I too greatly admire your patience with this shop!

Again good luck!

[wasabe58]

Chuck,

 

I am not sure what state you are located in, however, the laws are basically the same. You do have a civil case for sure, but you also have a theft. The dealership is not the thief, it is the painter so you can report him to the police/sheriffs department. I cannot see a fraud in your first paragraph.

 

As far as the dealership you have the civil suit, as they are the subjects that entered into the contract of painting the equiptment. Although their little paragraph on the bottom that you sign does say they are not responsible, a lawyer can rattle their cage with a letter.

 

One last option would be to contact a consumer lawyer on your local TV stations, maybe one of them would be willing to work with you. Remember, all that bad advertisement might be the thorn in their side that they need to be motivated.

 

Just my little 2 cents worth...

Artie

[V7Goose]

I'm sure sorry about what happened, but you got the same suggestions a year ago when this started. You have to make up your own mind about what to do, and it is no bother to anyone if you don't like the suggestions. But why do you blame Yamaha for not giving you something they do not owe? They had nothing to do with your problem. You might as well call Honda and General Motors too; they have the same level of responsibility, so maybe they will give you something?

 

Again, I do sympathize with you, but it seems that your chosen course of action is just calculated to produce zero results. I hope you eventually get it resolved one way or the other.

Goose

[Tartan Terror]

I agree with Goose. Yamaha can really do nothing to help you. Only thing they can do at the most is drop the dealer due to bad business and that will only enable the same bankruptcy that you think they will file if you go the other route. I still say pursue the dealer and at least they will have that on file. If there is a ruling in your favor then if the do file bankrupcy then you are now in the line of creditiors that will get paid at least some of the money owed. You should have dont this long ago.

[Moose]

I'm sure sorry about what happened, but you got the same suggestions a year ago when this started. You have to make up your own mind about what to do, and it is no bother to anyone if you don't like the suggestions. But why do you blame Yamaha for not giving you something they do not owe? They had nothing to do with your problem. You might as well call Honda and General Motors too; they have the same level of responsibility, so maybe they will give you something?

 

Again, I do sympathize with you, but it seems that your chosen course of action is just calculated to produce zero results. I hope you eventually get it resolved one way or the other.

Goose

 

Well, the thing here is not that I blame Yamaha for this guy's dishonesty. In fact, it's quite the opposite. Each time I have spoken to Yamaha, I have expressed to them that I do not feel it is their responsibility to account for what a dealer's dishonest act. However, I DO feel that they should at least allow me to buy the replacement parts at cost. I see no reason what so ever that I should have to pay a markup to another dealer after having been ripped off by a previous one. I AM NOT ASKING THEM TO GIVE ME THE PARTS GRATIS. I JUST DON'T FEEL I SHOULD HAVE TO PAY DEALER MARKUP TO ANOTHER DEALER. What kind of a scam is that? Another dealer should make a profit off of an unscrupulous one? There's something wrong in that kind of logic. After all, Yamaha's name is on this guy's sign and he wouldn't even answer calls from their corporate headquaters! A field rep had to physically go to the shop to be told the same story I have been telling all along. If it was my name on a product, I'd surely be upset, but then, I was raised in a time when honesty was expected. I guess I'm just a dinosaur. Anyway, I'll post pictures next week of what I have.

[wes0778]

As well as a call to the Attorney General's office, why not have the police file a report for theft of your property. That would make "someone" criminally liable and an arrest warrant could be issued. Then file a claim with either your bike insurance or home owner's insurance. If they pay you, then they (the insurance company) will probably go after the dealer/painter to recover their money. At least that way it would cut your loss to just your insurance deductible.

[BradT]

However, I DO feel that they should at least allow me to buy the replacement parts at cost.

 

I agree with the Logic here and that is the least they can do. Maybe even a small mark up purchasing direct from the manufacture would be a nice offer.

 

I would not hold your breath for this option either, I would push this option with the field rep, but from your post you are already getting ready to to be dissapointed again.

 

I have followed your posts from the start and I am Really sorry to hear of this hassle. Not sure how I would have handled it but sounds like you did a great job. Congrats to you and I hope this is behind you soon.

 

Brad

[Moose]

Yeah Brad, it's about done. If I can't sell it, I'll junk it. I should have done a lot of things differently, but the problem is I can be a bit gullible at times. You would not believe the number of times I threatened to take action only to have the dealer swear the parts would be ready in: 1) 2 weeks -- as the humidity was too high to finish the painting; 2) 2 weeks -- as the painter had to go to Tennessee for a funeral; 3) 2 weeks -- as when the painter returned from the funeral the truck he had the parts stored in was stolen and they were making an insurance report; 4) 2 weeks -- as the truck wasn't stolen, it was impounded by the police; 5) 2 weeks -- as after getting the truck back it was discovered the parts were stolen... and on and on. I have phone messages and texts from the dealer telling me he has different parts and is going to get the rest. Some parts were returned, but the promise of the fairing never materialized. He didn't file an insurance claim as he has already had his building destroyed twice by fire. I suppose his deductible is astronomical! I contacted my insurance agent who told me they would cover the loss and go after the dealer, but I don't feel my insurance company should have to pay in this case and I dropped the claim. I've given my reason for not hiring a lawyer, so I'm left with the Attorney General and small claims court. I'll pursue these next week, but I'm not going to hold my breath. Anyway, screw it. I'm lovin' the 'wing and at this point, I'm just looking to get the RSV out of my garage and put the whole mess behind me.

[Venturous Randy]

I can understand what you have been through. But, keep in mind, this is just one of the things you pay your insurance for. I know you felt is was not fair to your insurance, but they have much more means to recoup the money. They do this kind of stuff all the time.

RandyA