Unscrupulous Dealer

[downn2(aka starcruiser)]

I thought about chalking it up to experience because I didn't get it in writing but I am obsessing about it now. I agree with most of you that it is a matter of principle to get my $100 back.
The first time that I contacted Visa they said that they would take care of it. They did credit my card. Then they re-billed me after their attempt of taking care of it. They made a call to the dealership questioning the charge. The store said that it was legit. $100 back on my statement. That's it? Thanks Visa.

As far as a papertrail I have a few things.

1. Credit card receipt stapled to the dealer print out stating "deposit on FJR". No verbage on non-refundable deposit.

2. a Fax to my credit union with the first price.

3. a Fax two days later with the second incorrect price. It did go down in price by about $650. It's still $1350 more than agreed.

4. copies of the emails sent to the owner with his one reply.

5 copies of the certified mail to the owners now with no reply.

I thought about small calims but decided against it at the time. Now that it is a matter of principle my view has changed.

the BBB is a good idea. I will check out the website.

BTW, I contacted Visa for the second time. They said that if it is past 60 days of the charge that is disputed it is there policy not to investigate. I faxed the receipt into their disputed claims dept. I won't hold my breath on that one.

It's too bad that a sales prick and his sales manager has made their boss out to be a bad guy. It's his name and reputation that is on the line. The only thing that they may loose is their $5 per hour job. However, the owner had ample time to take care of the situation.

Now your using your head for something more than a hat rack.........Meanwhile, if you don't know an attorney who likes the small stuff, ask around....There's plenty of em ........and I'd still consider at least a consultation with an attorney as the BBB will drag on, and let him look at what you got and see if he'd be interested in doing a demand letter to recoup you $100 and his fee.

Got nothing to loose..........Then you can notify the BBB the case was resolved to your satisfaction and everyone walks away happy......except the chickenshit salesman that is, who probably had pocketed your $100 he had to refund...

Good luck, although you don't need it....

 

[FJRMGM]

Rule #1 - verbal agreements aren't worth the paper they aren't written on.

ALWAYS get something in writing with signature and date.

 

[red2kcbr]

Moby,

I know you'll learn from this little episode, no matter if you get the $100 back or not.

There is a worksheet that dealers use, sometimes call a deal sheet. It is a contract that spells out the deal, like amount down, trade in, price, taxes, title, registration, other fees, and balance owed.

You should not ever pay or sign anything until the deal sheet is agreeable.

And remember, it's only 100 bucks. Don't waste much time or money chasing it. Definitely do the BBB route and file a complaint. That won't cost much. And keep needling your credit card people to reverse the charge.

Also, small claims court might be a way to get some satisfaction. A lien should not cost too much. Again, how much do you want to spend chasing a 100 bucks?

At least you found a good dealer and a satisfactory deal.

I'd stay away from the picketing and stuff like that. Makes you look like a crackpot.

 

[JimV]

So, since no one has even laughed at my suggestion that there might be someone in Cypress whose job it is to police the asshat dealers within the pool, I guess I'll have to assume that there isn't one.

For me, this means two things:

1. General disappointment with Yamaha whose job it is to ensure that dealers that consistently mistreat customers should have their franchises revoked. If the Yamaha mothership isn't doing anything anything about these guys, I doubt that the BBB can do much unless everyone starts checking with them before making a purchase. IMHO, going to court without a document listing the OTD price in writing is a waste of time no matter how much money you're willing to spend on revenge.

and

2. Be damned sure that I follow the good advice given here about getting a copy of the deal sheet and any other relevant paperwork signed by the dealer before making a deposit. Also talk to folks riding the kind of bike I want. They know who the asshat dealers are.

Cheers,

Jim

 

[moby one]

Rule #1 - verbal agreements aren't worth the paper they aren't written on.
ALWAYS get something in writing with signature and date.

Yes it was a quick lesson to get things in writing. That horse is wayyy dead. The dealer that I ended up going with, being from a small town, wondered why I was so picky on getting the deal in hardcopy before I ordered. I never did fill him in on the story entirely. However, I didn't have to plunk down the $500 either, they did it. The end result,

- I had the paperwork on the deal.

- They put down the $500.

- I had the new bike in 8 weeks.

- OTD price $12,600.

- It was their first FJR sale ever.

I ended up a bit wiser and now with the Feejer a quite a bit faster

BTW, Still no word from Visa. I'll use my AMX from now on.

 

[madmike2]

I doubt there is much Cypress can do. You might have better luck at the local Better Business Bureau, at least file a complaint to warn the next buyer. Methinks the agreeement to sell the Yamaha brand doesn't include any terms under which Cypress can police the dealers. They might be able to withhold "expansion" by that dealer by not agreeing to let him sign a contract for a separate location, but individual dealers are just that, individual dealers. I don't think they have the same restrictions or responsibilities as a "franchise".

 

[FJRottie]

Yes it was a quick lesson to get things in writing. That horse is wayyy dead. The dealer that I ended up going with, being from a small town, wondered why I was so picky on getting the deal in hardcopy before I ordered. I never did fill him in on the story entirely. However, I didn't have to plunk down the $500 either, they did it. The end result, - I had the paperwork on the deal.

- They put down the $500.

- I had the new bike in 8 weeks.

- OTD price $12,600.

- It was their first FJR sale ever.

I ended up a bit wiser and now with the Feejer a quite a bit faster

Nice work moby. Interesting story but not uncommon.

If you lose your $100 for good, chalk it up as an expensive class in retail.

Get it back somewhere else maybe.

It may be a matter of principal to get it back, or, don't sweat the small stuff.

Reporting the dealer may help it all.

Either way, whatever makes you happy is the way to go.

 

[moby one]

Get it back somewhere else maybe.

I kind of already got it back somewhere else. In the origional deal with the Holigay sales rat was for $12,700. I made up the difference when that deal went south and the new deal was for $12,600. I am even monitarily but somehow I still think that the snake that screwed me over still needs to have his ass kicked. Anyone have any Ativan and/or a bottle of single malt?

 

[redgum]

Just tuned into this thread. Sorry to hear about your "misunderstanding" with the dealer but if happens.

$100 isn't worth wasting the family fortune or your sanity over, but there are consumner bodies/laws you can use to press the principle. In the absence of a contract and evidence of a "misunderstanding" the dealer would be foolhardy not to refund the deposit if they believed you would proceed with a claim.

As for Visa, you'll find that if you signed the authorization they can't do a thing.

But engaging a barrister and running a "class action"... lets be kind, that's one that should be posted under "Jokes".

All the best and enjoy the new toy!