[luvtolean]

Originally Posted by ND4SPD

Fee for services? I hope it was a good hand-job. Julia Roberts didn't even charge that.

I'm actually finding humor in this now.

My boss, a hockey fan sent me a great e-mail last week right before a confrontational meeting with another group:

"Game on. Drop the ****ing puck".

That's my mindset now, it's a game, and I fully intend to kick their asses.

[luvtolean]

Originally Posted by sheepofblue

Don't sue them just inspect it to the Nth degree.

Nope. If they don't assent tomorrow, I will file suit early next week. In a totally sick and twisted way I'm kinda looking forward to it.

I get to see how the system works, my GF gets some court experience (if you know how much we've spent on things less practical to her career than this!), and maybe (probably) I show up with an attorney from her firm.

It'd be pretty interesting man.

[ND4SPD]

The real important question here is...will you get to flaunt your new kicks in front of the judge?

[luvtolean]

Originally Posted by ND4SPD

The real important question here is...will you get to flaunt your new kicks in front of the judge?

Not the vans, I save those for you guys.

[ND4SPD]

[Tornado bait]

Originally Posted by BDA116

Do you have the item numbers? I just searched and didn't see them.

Item number: 4609695084
Item number: 4609694659

Procycle has kind of a bad rep, but if you go in with your eyes open you'll come out ok. I bought my bike from them because they were the cheapest around.

[luvtolean]

$185 to file my case.

[phobiaphobe]

I've been reading the thread at the R6 forum. The theory developing (and I agree with it) is that Yamaha built a motor capable of 17500RPM, marketed it, then realized how many engines would blow up at that speed. They then applied "The Formula" (ever watch Fight Club?) and determined that the class action suits and backlash would cost them less than the massive recall and replacement of tens of thousands of engines. So they fitted it with a pants on fire tachometer, released it to the public and now they're playing dumb, waiting for the **** to hit the fan.

What a ****ing disaster. At this point it doesn't matter how good the bike actually is, 17500RPM or not. This will end up in commerce school textbooks as an example of how not to launch a new product.

LTL: I'm thinking it might be more interesting for you to take delivery of the bike and get in on the class-action. I think Yamaha could end up having to pay a bunch of money out to owners. Remember the Mustang Cobra, and more recently the RX-8?

[luvtolean]

Originally Posted by phobiaphobe

LTL: I'm thinking it might be more interesting for you to take delivery of the bike and get in on the class-action. I think Yamaha could end up having to pay a bunch of money out to owners. Remember the Mustang Cobra, and more recently the RX-8?

I thought about it. The last firm my GF worked for was a class action firm. The relator gets paid a shitload of money.

But honestly, I don't want to get involved in all of that. I just want my money back.

Found the owner of this business and just read every one of their cases over the last 5 years. They always show up to small claims court without council.

[SomeStrangeGuy]

Dude I think you should go down with another G and reserve a second one just to insure a cool court experience

[jaim]

luvtolean, give them hell man. I think it is great that you are going after the dealer to get your money back. Sounds like they are being asshats just for the sake of it. "Fight the man"

On a side note. Have dealers caught on yet that there is this thing called the internet and a vast number of bike riders are on it?

[ReaperAZ]

Maybe I'll just wait till one of the squids around here decides he wants to sell it cause it doesn't rev that high, I'll buy that up real quick since no one will want them.

[RRWANTR]

Originally Posted by luvtolean

Thanks for the tip. Any idea how I could get this info?

Hmmm...I may know a certain district manager for Yamaha that lives up towards SF...

[luvtolean]

Originally Posted by phobiaphobe

I've been reading the thread at the R6 forum. The theory developing (and I agree with it) is that Yamaha built a motor capable of 17500RPM, marketed it, then realized how many engines would blow up at that speed. They then applied "The Formula" (ever watch Fight Club?) and determined that the class action suits and backlash would cost them less than the massive recall and replacement of tens of thousands of engines. So they fitted it with a pants on fire tachometer, released it to the public and now they're playing dumb, waiting for the **** to hit the fan.

The Pinto is used as an example of this in engineering school. Ford calc'd the costs from suits brought by dead, burned people's families, figured that cost was less than fixing their shoddy gas tank design, and left it out there to kill people.

What a ****ing disaster. At this point it doesn't matter how good the bike actually is, 17500RPM or not. This will end up in commerce school textbooks as an example of how not to launch a new product.

We'll see. I know my company has been bit hard by a marketing guy that released too much info about new products while still in R&D.

[BDA116]

That's awesome. They have two simple choices: 1-give you your $1000 back, or 2-give you your $1000 back and pay all court costs as well.
How blind is this manager?

Oooh....do this on Judge Judy for us all to record.

[luvtolean]

Originally Posted by BDA116

That's awesome. They have two simple choices: 1-give you your $1000 back, or 2-give you your $1000 back and pay all court costs as well.
How blind is this manager?

We'll see if looking at contract law opens his eyes today.

It's retarded.

All kidding aside, their biggest loss was me as a customer. They're out of their minds if they don't think they would have gotten a grand out of me through future business. I mentioned that to him too, and he didn't even respond.

And why lose me? It costs them absolutely nothing to give me my deposit back!

[RRWANTR]

Originally Posted by luvtolean

When earlier I said the problem of the bike not revving to 17.5 was a problem for Yam only? I WAS DEAD WRONG.

Restatement Section 164: When a Misrepresentation Makes a Contract Voidable

(2) If a party's manifestation of assent is induced by either a fraudulent or a material misrepresentation by one who is not a party to the transaction upon which the recipient is justified in relying, the contract is voidable by the recipient, unless the other party to the transaction in good faith and without reason to know of the misrepresentation either gives value or relies materially on the transaction.

Now the second part is addressed by the fact that

1) The bike was not a special order
2) They will still sell the bike without me buying it, they will lose nothing.

The UCC I posted earlier, and this restatement, along with something around damages (in case that comes up) will be what I take in today. I have quite a bit more, but don't want to fully tip my hand, if they want to see the rest, they'll see it in my complaint to the court.

Let me know if this doesn't work and you need to get ahold of Yamaha.

[CBRVFR]

LTL -

Sorry, I haven't been following this..

Have any of the small claims cases that this company has been involved with pertain to their deposit contracts or their sales documents?

If so, how have they been decided?

Fight 'em!!!!!!

Tell them what they're potentially in for here.. before AND after you win

A bunch of friends with picket signs in front of their building, informing the world at large of Yamaha's fraudulent claims and the dealership's complicity and theft. Makes for excellent TV and Newspaper coverage.

Every motorcycle forum in North America will know who this asshole is and what he's done so that AFTER he's been made the scapegoat and fired he'll be essentially unhireable within the industry.

**** small claims.. your lawyer is leaning toward a full blown jury case for false representations.. it would produce a better payoff on a contingency basis.

Have someone from the local media's "consumer fraud investigative team" () make a few phone enquiries about this to help get them thinkin' right.


Bottom line - They produced nothing and the product which they were touting was sold on the basis of fraudulent claims. They're acting directly against the interest of their intended market segment, all of whom are wired into forums, and all of whom will know this. Yamaha's reputation will suffer because of the dealership's actions.

There's no way for them to win except to capitulate fully and immediately.

[luvtolean]

Originally Posted by CBRVFR

LTL -

Sorry, I haven't been following this..

Have any of the small claims cases that this company has been involved with pertain to their deposit contracts or their sales documents?

If so, how have they been decided?

Never on a deposit from what I see. And like I said earlier, they never, ever show up with council. The only time they did was when there was a large PI suit, last year, where Suzuki was also named.

Fight 'em!!!!!!

You remember my PM from about 6 months ago? You should have a better idea than most about how much of a kick I'm getting out of this now.

Tell them what they're potentially in for here.. before AND after you win

Yep, a website, with their "contract" broken down piece by piece. They will need a new contract, written up by a lawyer when I'm done. Also of course, I'll point out their repair shop is sued twice a year, pretty much like clockwork.

Every motorcycle forum in North America will know who this asshole is and what he's done so that AFTER he's been made the scapegoat and fired he'll be essentially unhireable within the industry.

Yep. This guy will look poorly.

There's no way for them to win except to capitulate fully and immediately.

That is basically my final argument today. If still no, I get to write the complaint to the court this weekend. It will be long, well researched, complicated, and highly ****ing irritating.

You guys see how I love a good debate on the forum...well, that's just for free.

[luvtolean]

Originally Posted by RRWANTR

Let me know if this doesn't work and you need to get ahold of Yamaha.

Thanks! NDD has a local "friend" getting the district people's info at Yam for me, so I think I'm set.




This dealer just became my hobby.