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Posted

Some of you may remember that I took a wild leap of faith and tore my bike apart myself to have it painted. Well, that was back in June and I still can't get the dealer to give me back my parts. I have threatened to get a lawyer, to file a police report for theft, and begged for my parts to be returned -- everything short of threatening to come beat his ass! However, I still can't get this guy to get my parts back to me. He claims that he parted them out and that the painter won't bring them back despite his numerous calls. I've given up that I'll get them back this riding season and have stepped back to calm down and decide the avenue to pursue. The problem is, every time I begin to think of how to deal with the situation I just become crazy mad and start looking around for my baseball bat. I'm not certain at this point that I can stay cool so I've avoided calling for the last week. I'll figure something out in a couple of weeks after I go to the Vietnam Veteran's Reunion in Kokomo, IN Sept. 19 & 20. I should have some sense back by then and will probably call the police in.

In the meantime, does anyone know how I can contact Yamaha to file a complaint? I'd appreciate the help.

Chuck:crying:

Guest tessa c2
Posted

sorry to hear about this, it sure doesn't sound good, read your thread and the first thing i thought of, was the parts got hocked, :soapbox::snow2:

Posted

I really dont think calling Yamaha will do you any good..this the dealer sent your parts off to a painter,...and not a Yamaha representative approved vendor...

 

This issue is between you and the yamaha dealer.. and he has the issue between he and the painter.

 

You will need to file a lawsuit against the Yamaha dealer for the return of your parts or the cost ($$$) for the replacement parts which will be based on the same condition as yours were in when you gave them to the dealer.

 

Your attorney will then send the Yama dealer a certified letter showing you have filed suit, and that his client (you), expect your parts to be returned with in a certain alotted time frame and if not the law suit will be pursued.

 

The yamaha dealer will then file suit against the painter...you can not sue the painter..even if he damaged or lost your parts..

 

I would first try requesting the painters name and address and or phone number from the Yama dealer and see if you can work something out with the painter by yourself, leaving the yama dealer out of the conversation..That is if the Yamaha dealer will tell you who he is and where he is located..

You can bet the Yama delear has th epainters phone number and address......:whistling:

Posted

Sounds like you have already taught this shyster that you ain't gonna do anything but complain, so it is unlikely anything will work now except taking him to court. The sooner the better. When you win, he will have to pay your legal fees too; your lawyer will know enough to include these in the complaint. I just hope you got a receipt when you dropped them off so you can prove he has them.

 

The stupid excuse that he gave them to someone else and can't get them back is really asinine. He is still responsible, so if he can't get them back, he has to get replacements for you in the same condition. :080402gudl_prv:

Goose

Posted

I'm not big on using lawyers, in my experience they just make things worse at times. Yes you can sue and when it finally is heard in court it could be a year or two from now besides having to take off work numerous times to go to court.

The way I suggest is to try and find out the painters name and go get the parts yourself. I wouldn't want the guy to do the job now anyway I would just find someone else to do it.

I had a similar experience several years ago. I was riding a Harley at the time and I got bummed from behind and the faring got scratched and cracked. I found a painter that could fix the fiberglass and match the paint on the bike. He must have had the faring for 3 or 4 months. I finally when and got it and took it to someone else. Only difference is I didn't need the faring to ride the bike.

Good luck and remember sometime a little charm goes a long way.

Jerry

Posted

While living in Southern California I took my 86' VR in for repairs and was put on a "waiting list" after a few days I called the dealer and asked about my bike. I was told the bike was apart and they were waiting for parts. I went to the dealer 2 days later and asked about my bike again and was given the same answer...waiting on parts. I then asked for my bike back and was told it was apart. I went home, madi up a big sign that said:

THIS DEALER RIPPED ME OFF! and returned to the dealer. Many horns honked while I stood in front of the dealer's building and after about 3 hrs. the police arrived. I remained calm, explained that I just wanted my bike back, and the police went inside to talk with the dealer. 15 minutes later, they rolled my bike out and it had not even been worked on!!! I thanked the Police Officer, Thanked the dealer for NOTHING and took my bike home. I never let a dealer work on it again...ever!

I'm not sure if this will help, but that sign was a lot lighter than a baseball bat!!!:sign just kidding:

 

I hope you get your stuff back!

Earl

Posted

Another avenue would be Small Claims Court. They are different in each state but they usually deal with civil suits of $5,000 or less and usually you don't have to have an attorney(in some states, you can't have one). It may not work in this case but it may be an option.:confused24:

Posted

Moose you already made 2 mistakes...

  1. You went to a Dealer for a paint job... Bike dealers aren't like car dealers.. there's no Body Shop out back... They send it out and then pad the bill so you pay more than if you found your own painter.
  2. You decide to paint your bike in June... That's a winter job when the bike's down anyways.

Don't make a 3rd mistake by threatening and all this other stuff... Find out who and where the painter is and go there and find out where your parts are... If they're missing or damaged go back to the dealer and have him order your replacement parts on his dime.. If he won't do that then you get a lawyer... Cooler heads will prevail

Posted

Looks like we need to have a VR.Org Ilinois meet & eat at the stealers place...so we can find out who the painter is, then have a special ride afterwards to go find and meet up this this painter to find your parts...

 

 

:thumbsup2:

Posted

I have no idea if that painter is a bad actor or not, but if he has any brains he would never give you the parts - that would make HIM liable for them being missing. His only responsibility is to the person who gave him the parts, not some other stranger who claims to own them. The only person actually responsible right now is the person who actually received the parts from the owner. And he has already called you bluff on the complaints. Based on what you said above, is certain you won't do anything, so your only option now is to either just crawl away with your tail between your legs or take some real action. Any additional whining or threats will simply reinforce his belief that you won't actually do anything. :080402gudl_prv:

Goose

Posted

How about having a lawyer send the Dealer a letter stating your intent to take legal action against him?

 

Sometimes a nudge gets better results than a hard shove IMHO.......:080402gudl_prv:

Posted

It's relatively inexpensive to file a suit in small claims court...no lawyer necessary. Once the dealership gets the summons, they'll have to take action to get your parts back, as I don't see that they have a defense. Like I said, once they get that summons, they'll hop to action, and if they settle with you before the court date, you can cancel. Best of luck.:080402gudl_prv:

Posted
Looks like we need to have a VR.Org Ilinois meet & eat at the stealers place...so we can find out who the painter is, then have a special ride afterwards to go find and meet up this this painter to find your parts...

 

 

:thumbsup2:

 

When do you want to meet, Eck? I'm sure Mariner Fan (he don't work anyway!) will join us, along with Bummer and Roadkill, and Carbon One, and.........................

 

Sounds like a M&E to me!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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