EDIT: ITS WORSE!!! Major problem- need advice- WARNING: LONG

Started by paradisecity, May 09, 2008, 06:20:19 AM

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junior varsity

I mean, does he have a legitimate business license?

If he does not, he's got no business insurance, and a lawyer for you would be a quick victory - he'd have to settle because he couldn't afford his own attorney (or at least, for very long).

paradisecity

Right, but how can you tell if they have a business license?

I mean, he has an ad in the yellow pages...

Kroe


Quote from: paradisecity on May 21, 2008, 08:55:42 AM
Do you really think he is just going to let me stroll off with my bike without paying that astronomical bill first?

Correct me if I am wrong but I believe that he can legally keep it.


Did you receive receipts for the what you paid him to date? If so, bring them with you when you go claim the bike. You have nothing to lose by calling this guy up and telling him you're picking the bike up later today. You may have to suck it up and pay him the additional 10hrs of labor that was previously agreed upon but if that gets the bike out of his shop, consider it money well spent. What's the worst that can come of this? The other altrenatives are to bring him to court which will take months and additional monies, or pay him the 5 grand (which is ridiculous).

Take the bike as is and cut your losses.
07' CBR600RR... "The Ice-Pick"

paradisecity

What I am saying is that I dont think he'd let me take the bike as is after paying him 10 hours of labor.

EvilSteve

The 10 hours you'd be paying him would be for the unfinished re-assembly and only because you'd agreed to pay him that. Unless he can itemize (as someone else suggested) the $5k of work with verifiable items the he really doesn't have a leg to stand on. I hope you have receipts for the other payments you've made. Go there with the guys from the other Ducati shop in their truck, take a check for the work you agreed on (10 hours) and the receipts for money already paid and leave with your bike.

derby

Quote from: paradisecity on May 21, 2008, 09:48:15 AM
What I am saying is that I dont think he'd let me take the bike as is after paying him 10 hours of labor.

i could've taken your bike completely apart and put it back together in less than 10 hours.

-- derby

'07 Suz GSX-R750

Retired rides: '05 Duc Monster S4R, '99 Yam YZF-R1, '98 Hon CBR600F3, '97 Suz GSX-R750, '96 Hon CBR600F3, '94 Hon CBR600F2, '91 Hon Hawk GT, '91 Yam YSR-50, '87 Yam YSR-50

click here for info about my avatar

Kroe

Quote from: paradisecity on May 21, 2008, 09:48:15 AM
What I am saying is that I dont think he'd let me take the bike as is after paying him 10 hours of labor.

Well then it sounds to me like I'm either missing part of the story, or you believe he deserves the money he's charging you? Or worse yet, you're waiting for him to finish your bike which sounds like a huge mistake. If you want your bike back, go get it!
07' CBR600RR... "The Ice-Pick"

COWBOY

every state has laws surrounding work done by mechanics.  some require anything over x amount to be in writing.  others require anything above x% of a given amount likewise be signed and agreed on before work can be done.  contact a lawyer, learn the facts, then act accordingly.

Best of luck.
CWBY

2005 S2R -- Mods installed: DP termi full racing kit, ST4 Forks, S4R rear shock, 999 Radial Brake and Clutch MCs, 4 pot Brembo Calipers, 320mm Snowflake rotors, SBK Quick change carrier, 43T rear sproket, Tomaselli Clip Ons, Cyclecat Frame Sliders, ASV Levers, zero indicators, Supernova taillight

5891jonathan

#83
Dude, I like the idea of insisting on an itemized bill and having a professional Ducati mechanic check out the work - what was done, the quality of the work, whether the bill is reasonable for the work done - and trying to negotiate with the shop for the parts and labor to date (I wouldn't let this guy work on the bike anymore!).  But the fact remains that the shop has your bike and a bunch of your money to boot!  How are you going to get it back?  Either you can negotiate a fair price based on some argument other than "That's a lot of money!" or you'll have to threaten him with legal action to get him to budge.  In my experience, a threat of referral to the State authorities or a lawsuit has more impact if it's printed on a lawyer's letterhead.

But seriously, that bike looks sweet in the pics!

EDIT: Up to 7 posts now!  Wheeeee!


paradisecity

Quote from: Kroe on May 21, 2008, 10:12:46 AM
Well then it sounds to me like I'm either missing part of the story, or you believe he deserves the money he's charging you? Or worse yet, you're waiting for him to finish your bike which sounds like a huge mistake. If you want your bike back, go get it!

You are a shop owner.  You are trying to charge someone 4 thousand dollars for something.  They offer you a quarter of that and say they are taking their bike.  Would you let them?

Thats what I mean.


So How am I going to try to get my bike back?

To get my bike back I am going to use the other estimate and write (and present) a well written letter that I will more than likely share with all of you so that you can add comments and help me finalize it, with the end saying a declination of the offer presented will result in my taking alternaitve means of acquiring my motorcycle, through both  the Better Business Bureau and the legal system.

paradisecity

and supposedly, the fax  of an itemzied work time sheet is being sent over right now, so I shall attempt to share it with you all.

derby

Quote from: paradisecity on May 21, 2008, 10:50:38 AM
You are a shop owner.  You are trying to charge someone 4 thousand dollars for something.  They offer you a quarter of that and say they are taking their bike.  Would you let them?

Thats what I mean.


wait, so am i just a regular, ethical shop owner or am i one that knows i'm trying to bill you for 10x the number of hours i actually should be?

Quote from: paradisecity on May 21, 2008, 10:50:38 AM

So How am I going to try to get my bike back?

To get my bike back I am going to use the other estimate and write (and present) a well written letter that I will more than likely share with all of you so that you can add comments and help me finalize it, with the end saying a declination of the offer presented will result in my taking alternaitve means of acquiring my motorcycle, through both  the Better Business Bureau and the legal system.

i suggest you demand a detailed, itemized accounting from your "mechanic" that lays out exactly what you owe him before you even send him a letter with a comparative quote or threats of legal action.
-- derby

'07 Suz GSX-R750

Retired rides: '05 Duc Monster S4R, '99 Yam YZF-R1, '98 Hon CBR600F3, '97 Suz GSX-R750, '96 Hon CBR600F3, '94 Hon CBR600F2, '91 Hon Hawk GT, '91 Yam YSR-50, '87 Yam YSR-50

click here for info about my avatar

derby

Quote from: paradisecity on May 21, 2008, 10:52:33 AM
and supposedly, the fax  of an itemzied work time sheet is being sent over right now, so I shall attempt to share it with you all.

please do.
-- derby

'07 Suz GSX-R750

Retired rides: '05 Duc Monster S4R, '99 Yam YZF-R1, '98 Hon CBR600F3, '97 Suz GSX-R750, '96 Hon CBR600F3, '94 Hon CBR600F2, '91 Hon Hawk GT, '91 Yam YSR-50, '87 Yam YSR-50

click here for info about my avatar

Kroe

Quote from: paradisecity on May 21, 2008, 10:50:38 AM
You are a shop owner.  You are trying to charge someone 4 thousand dollars for something.  They offer you a quarter of that and say they are taking their bike.  Would you let them?

Thats what I mean.


So How am I going to try to get my bike back?

To get my bike back I am going to use the other estimate and write (and present) a well written letter that I will more than likely share with all of you so that you can add comments and help me finalize it, with the end saying a declination of the offer presented will result in my taking alternaitve means of acquiring my motorcycle, through both  the Better Business Bureau and the legal system.

So before you go through months of legal action and additional cost to yourself what would be the harm of taking your receipts to this guys shop, along with cash for the 10hrs verbal labor agreement you made, and talking to him face to face? You could get answers about the cost% Comboy listed before hand. I believe he's right and that's good advice. If the guy refuses you then you can go the legal route. This solution could cost you no more than a phone call to your local better business bureau and a few hundred dollars.

07' CBR600RR... "The Ice-Pick"

Kroe

Quote from: paradisecity on May 21, 2008, 10:52:33 AM
and supposedly, the fax  of an itemzied work time sheet is being sent over right now, so I shall attempt to share it with you all.

This will probably help you if you have to go the legal route but you backed yourself into a corner when you gave this guy carte blanche without a formal work order & written estimate. You need to hammer this guy on the verbal agreement you made.
07' CBR600RR... "The Ice-Pick"