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Time to go to court?

Discussion in 'Business Fundamentals' started by 2moresleeps, Jan 1, 2007.

  1. 2moresleeps

    2moresleeps Senior Member
    from Ontario
    Messages: 131

    In early November, I requested 2 salters and a plow from a dealer in Scarborough. At the time, the dealer was EXCELLENT in that he found 2 poly salters for us when no one else could.

    I promptly put a deposit on them and the plow. At the time, the dealer had only 1 salter but a few days later called me and the second one arrived as promised.

    I gave the dealer a money order for $11480.00 for the 2 salters and the plow. The plow was last years western and I wanted new so I then cancelled the plow from the Scarborough dealer and ordered the new western V from my local dealer.

    The difference owed to me is just over $4000.00. This issue happened in November....since then, I have ordered a strobe light for our truck ($371) as I felt bad for cancelling the plow even though the dealer told me he didn't have a problem with it.

    Now, it has been since the middle of November and I have yet to receive my money. I have called every other day and I have been given soooo many B.S. excuses. I have been told twice, on two different weeks that the accountant just got back the week earlier??? WTH?

    I call and call and I am told this will be taken care of next week...next week....next week. I just filed with the BBB online tonight as I am tired of chasing my money.

    I ask if it's time to go to court as I am not sure if this is normal.......to take this long to issue a refund that was paid via money order. I don't get it???? If I am wrong, I will make it right but if not, I will have no prob telling EVERYONE I know NEVER to deal with this company.
     
  2. Quality SR

    Quality SR PlowSite.com Addict
    Messages: 1,828

    Your not wrong, when they cashed the m/o they should have refunded your 4,000. I would take legal action. i wouldn't wait any longer. Also i would go down in person, and let them know your taking legal action. Good luck
     
  3. 2moresleeps

    2moresleeps Senior Member
    from Ontario
    Messages: 131

    I called friday and was told that it would be ready mid-week. Mind you, I have heard this 3 times before. I will be filing court papers on Wednesday and taking them to the dealer on Wednesday as well.

    I will have to include court costs and such and I really hate to do this but I feel at this point, I have no other choice. The good thing is I have phone records showing a minimum of 21 calls to this company.

    I'd like to know how long before the BBB contacts them.
     
  4. Quality SR

    Quality SR PlowSite.com Addict
    Messages: 1,828

    That is a good idea take the papers there and tell them your taking them to court.. i am not sure how long it takes i would guess sometime this week. Do you have a bill with the two sanders and the plow with the 3 prices? and when you picked up the 2 sanders did they give you any type of receipt?
     
  5. 2moresleeps

    2moresleeps Senior Member
    from Ontario
    Messages: 131

    Yes, I ve got all the paperwork and receipts. If it were a couple hundred, I wouldn't even blink but for several thousand, it's cutting into my salt money and payroll.
     
  6. Quality SR

    Quality SR PlowSite.com Addict
    Messages: 1,828

    Then go for it........I hope it works out for you... Let me know what happens. Good luck to you.:salute:
     
  7. Superior L & L

    Superior L & L PlowSite Veteran
    from MI
    Messages: 3,039

    I'd call the guys bluff. Id go down there with all the court papers filled out and tell him he either gives you a check or your on your way to file! If you are using a lawyer i would wait till you see what he does before getting the lawyer on board. Even if all the papers are not filled out right the dealer will not know this. When lawyers get involve everything takes ten times longer.

    Let us know how this plays out
     
  8. crazymike

    crazymike Senior Member
    from Toronto
    Messages: 639

    what dealer?
     
  9. 2moresleeps

    2moresleeps Senior Member
    from Ontario
    Messages: 131


    It is a WELL KNOWN dealer crazymike. At this point, I don't want to mention the name and I want to only state the facts (not to bash them). I know the dealer is familiar with this site as he referenced it once during a conversation.

    I don't want to come here and do the usual "This dealer sucks etc" as (I know I might be a fool) I would like to give them the benefit of the doubt.

    A FEW THINGS THIS DEALER DID THAT I DON'T LIKE:

    #1. We took our poly caster to him when it broke down with a 2/3 load in it (the very first load). The dealer looked in the back of the truck and stated a rock was stuck in the conveyor belt and it stressed it to the point where it blew out.

    - We had river rock (about 105lbs) in the rear of the truck next to the spreader. Only the rock wasn't loaded until AFTER the unit broke down. :nono: (NICE TRY).

    #2. Told us the shear (sp) pin broke due to the stress of the unit being overloaded.

    - With receipt in hand from the first and ONLY time we loaded it, it clearly showed 2/3 of a ton. :nono: (again, nice try)

    #3. When the dealer thought we were buying the plow AND 2 salters, I stated we should have purchased tie downs.....he then threw 4 of them at us and said "Here ya go buddy".

    - When we cancelled the plow purchase, we received an invoice for $171.00 for them :mad:
    (This doesn't upset me too much as we needed them anyway and when priced out, the dealer gave them at cost but I know we wouldn't have been charged if the plow was purchased too.......it's just that he should have told us upfront) However, we did spend just under $8000.00 with him......no biggie.

    #4. I was furious on friday when I called them last and commented that if we were CLINTAR (a rather large company in our area) we would not have waited this long.

    - The only nice salesperson at this dealership said "Yeah, you're probably right"

    THAT'S WHAT CHAPS MY A$$ MORE THAN ANYTHING.

    I have contracts next year that will quadruple my current biz. Initially, I would have thrown my next years purchases to him and any repairs......now, he lost my biz forever and the kicker is......

    IT'S MY FREAKIN MONEY HE'S HOLDING. It's not like I am asking for handouts or something I am not entitled to. UNBELIEVABLE.!!!
     
  10. lawnmasters2006

    lawnmasters2006 Senior Member
    Messages: 215

    i would add interest on the $$ they owe you...payup
     
  11. Plowfast9957

    Plowfast9957 Senior Member
    Messages: 280

    Why would you pay $4000 for something that you didn't get. Maybe like a $100 deposit but I have never heard of paying in full for something from a dealer that they had to order. That was your mistake but it does not mean that they shouldn't have given you your refund by now. I would go there and meet the guy face to face because you will most likely get better results than over the phone.
     
  12. 2moresleeps

    2moresleeps Senior Member
    from Ontario
    Messages: 131



    I have been to the dealer no less than 4 times to get my money refunded. I gave them a money order for a plow and 2 salters. I cancelled the plow order 2 days after they received the money order which is why they owe.
     
  13. Bruce'sEx

    Bruce'sEx Senior Member
    Messages: 873

    Now I'm even wondering if I know the dealer.
    Not cause we have had problems with our main dealer, Just wondering if there really could be night and day between our dealing and yours, if by chance it was the same dealer.
     
  14. dlcs

    dlcs 2000 Club Member
    Messages: 2,149

    Why wouldn't they just refund your money the day you cancelled the order? Why would you have to wait? Why would you wait this long? Stop calling them and get down there and stay on their arse until you get your money. They don't need a fricken accountant to refund your money. The owner or management should be able to do this easily. You need to get on them and stop letting them screw with you. What kind of tie downs cost $171.00 for a set of four? They are really hosing you.
     
  15. CHCSnowman

    CHCSnowman Senior Member
    from Indiana
    Messages: 138


    WIth all the scams involving money orders and certified checks I can understand them making you wait 30 days for refund......one of the largest scams in the world right now involve giving counterfiet money orders to someone, then asking for partial refund.....they give you refund and you leave with cash..........then money order bounces after about 14 days(once its proven fraud)........AND YOU ARE STUCK WITH LOSS OF CASH YOU GAVE THEM PLUS WHAT YOUR BANK TAKES FROM YOUR ACCOUNT!!!

    I would never have given them $4000 to start with. You should have given a deposit and paid remainder when the salter AND PLOW was in........or paid for salters seperate and then plow when it came in......either way.........I would never front people money for anything until I get what I am paying for.

    On the other hand though........after the money order cleared....he should have refunded your money. You'll get him in court as long as you have proof and he dont file bankruptcy.

    I had a lady once I put a roof on her home...$11,000 and she didnt pay me when I was done with work, I sued and won...she filed bankruptcy and I never got anything!!


    Best to you!
     
  16. Bruce'sEx

    Bruce'sEx Senior Member
    Messages: 873

    Just cause you win the case, doesn't mean you'll see the money.
     
  17. basher

    basher PlowSite Fanatic
    from 19707
    Messages: 8,992

    He gave you a price based on a order for 2 spreaders and 1 plow and now you only want the spreaders. You offered a total package deal and he structured his profits with you purchasing all three units. Now you want the three unit pricing on the purchase of two units. In all our multiple unit sales the price is based on the entire package. drop one unit from the agreement the price of the remaining units is restructured. We also build all discounts in to the last unit installed to try an avoid these kind of problems.

    Deal with lowballers in any business and you get what you pay for. Brokers use your money to make their money. If you waited two days they might have already ordered the unit and it was on a truck headed for you. Could be they are waiting to sell the unit they ordered for you, so they have the money to pay you back.

    You most certainly should be getting money back but maybe you need to go sit on the bosses desk until you can reach a amicable agreement.
     
  18. Bry@n

    Bry@n Senior Member
    Messages: 159

    My father had a issue like this when he purchased his car. Purchased extras and the $$ for install as well. Long story short is they owed him $400. After excuses for 2 weeks, I went to the dealership.

    Walked in, said hi how are you. Asked for the sale manager and explained that he had a hour to have a check cut to my father or he would have a wrecked show room. He chuckled and thought I was joking. That's when I called the guys out of my truck. Needless to say that (5) 240 pound guys stood in the showroom and commented about the issues we were having very loudly. I think it took 1/2 hour until I had the check in hand. I even commented that if the check bounced, I wouldn't be nice the next time I was back.

    Sometimes you need to take matters into your own hands.
     
  19. 2moresleeps

    2moresleeps Senior Member
    from Ontario
    Messages: 131


    You scare me Bry@n.

    If I ever owe you money, just let me know and we'll square up straight away.
     
  20. Quality SR

    Quality SR PlowSite.com Addict
    Messages: 1,828

    I agree with Bry@an....... you have to go there instead of playing the phone game...
    Make them see you mean business.. and if you don't get the money.........................
    :gunsfiring: :eek: .... you know what i mean?????