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

[Alex]

Paradisecity, you need to stop ignoring all the advice you are getting on here, and get an attorney. What I see in your posts is a desire to avoid confrontation and just hope everything works out. That's understandable, but it is not going to help you. You have all of our sympathy, but you need to

STOP BEING A PUSSY.

Seriously, you need to take some bold steps here. Stop messing around and do what you know needs to be done. I promise that after talking to a lawyer you will feel like a huge weight is off your shoulders. Accept the fact that this is going to cost you, and do what needs to be done to avoid being screwed. Better to pay a lawyer to defend your rights than an asshole for violating them.

[jclin]

Okay everyone. Calm down. Let the guy think. Most of us can go through life without calling an attorney but once, maybe twice. It's a big deal to reach that step. Let him get the run around one more time, and I bet the attorney is on the phone. Let's give him a couple days before we slap him upside the head and call him a pussy...

I know we're all frustrated for him, but let's see how he plays this out. All I have to say is "Good luck! We're pulling for ya!"

[Alex]

Sorry, just trying to be motivating!

[Kaveh]

At this point I think Derby's got some good advice for you.

[cantseejack]

I just read this. All of it. This mechanic has had possession of your bike for what, six months? He's going to charge you several thousands of dollars before you can get your bike back. There is bs smeared all over that itemized bill. You've tried to play nice with him for six months, man.

I'm going to bet that YOU WILL NEED TO TALK TO A LAWYER BEFORE YOU GET THROUGH THIS SO JUST DO IT NOW.

[paradisecity]

I talked to a lawyer this morning.  A good one referred by my boss.  He admitted this wasn't his area of expertise, and also said to be careful bringing a professional in because I'd be running up a major bill before I knew it.

He suggested paying under protest and after payment bringing it to small claims court.

Im inclined to agree with him (and Mitt) that costing out a lawyer wont geet me as far as either talking him down, or giving him potential options of  1. a hardline # or, 2 payment in full followed by small claims court, in which I would most likely be issued a judgment similar to the number hardline, and 3) negotiating with him, where I bet we'd end up around 2k, neither of us would be happy, I'd lose money (but not 4500 bucks) and take it as an expensive learning experience.


I do believe though, that as soon as he faxed me a bill charging me for parts that aren't included on my bike (carbs), that this became mail fraud....

[sqweak]

actually, wire fraud, but that's another matter.

listen to everyone else.  You need to involve an attorney and/or the cops.  You're being extorted.  Call people's court.

best of luck 

[hbliam]

My thoughts:

1-It's a civil matter. No cops needed or appropriate. If you called me to his business, I would tell you it's a civil matter and leave.
2-All you have is a verbal contract which is your first HUGE error.
3-You need to go TRY to collect your bike. NOW. Pay what you feel was agreed on. He can then sue you for what he thinks you owe. If he refuses to release the bike you then need to immediately file a lawsuit.
4-Quit calling him on the phone. You can't record it unless he agree's to be recorded.
5-All of your correspondence should be on paper and sent registered (proves he got it) mail. If you don't have a document then it never happened. Type up an inital letter that covers the entire agreement that YOU thought you had. Offer to pay the agreed upon price.
6-Notify him that you are going to be reporting him to the appropriate State agency if he fails to satisfy your agreement.

[derby]

My thoughts:

1-It's a civil matter. No cops needed or appropriate. If you called me to his business, I would tell you it's a civil matter and leave.
2-All you have is a verbal contract which is your first HUGE error.
3-You need to go TRY to collect your bike. NOW. Pay what you feel was agreed on. He can then sue you for what he thinks you owe. If he refuses to release the bike you then need to immediately file a lawsuit.
4-Quit calling him on the phone. You can't record it unless he agree's to be recorded.
5-All of your correspondence should be on paper and sent registered (proves he got it) mail. If you don't have a document then it never happened. Type up an inital letter that covers the entire agreement that YOU thought you had. Offer to pay the agreed upon price.
6-Notify him that you are going to be reporting him to the appropriate State agency if he fails to satisfy your agreement.

[junior varsity]

4-Quit calling him on the phone. You can't record it unless he agree's to be recorded.

Way wrong. Already posted about this. Only one party must know that the conversation is being recorded. Hence, wire taps by the police are legal.  That one party can be you. Tapping a conversation between two unknowing parties, that's not legal.

[SaltLick]

Get your bike out of there before he closes shop for good and moves away with your bike.  That happened here in portland oregon. I went to a bike shop (small one) to get an estimate on work. I didnt get a good feeling from this guy so i bailed. 2 weeks later i went back to his shop to talk to him again and there was a notice on his door that the gas company shut off his gas, no lights on inside the whole place was deserted.....

then came the craigslists ads people asking if anyone knew where he was. He got behind, panicked and one night rented a truck and loaded everyones bikes in it and left the state.

Dude get your bike out now, whether you have to beg borrow or steal it back.

[derby]

Way wrong. Already posted about this. Only one party must know that the conversation is being recorded. Hence, wire taps by the police are legal.  That one party can be you. Tapping a conversation between two unknowing parties, that's not legal.

..unless there is a more restrictive state law.

http://www.rcfp.org/taping/

Vermont

There is no legislation specifically addressing interception of communications in Vermont, but the state's highest court has held that surreptitious electronic monitoring of communications in a person's home is an unlawful invasion of privacy. Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002); Vermont v. Blow, 602 A.2d 552 (Vt. 1991).

The state's highest court, however, also has refused to find the overhearing of a conversation in a parking lot unlawful because that conversation was "subject to the eyes and ears of passersby." Vermont v. Brooks, 601 A.2d 963 (Vt. 1991).

[hbliam]

Way wrong. Already posted about this. Only one party must know that the conversation is being recorded. Hence, wire taps by the police are legal.  That one party can be you. Tapping a conversation between two unknowing parties, that's not legal.

Sorry. Didn't check which State he was in. Here in CA it's illegal without the consent of both parties.

In any State it would be questionable if the audio tape could be used as evidence in Court (which we be the only point in this case).

[junior varsity]

..unless there is a more restrictive state law.

http://www.rcfp.org/taping/

Vermont

There is no legislation specifically addressing interception of communications in Vermont, but the state's highest court has held that surreptitious electronic monitoring of communications in a person's home is an unlawful invasion of privacy. Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002); Vermont v. Blow, 602 A.2d 552 (Vt. 1991).

The state's highest court, however, also has refused to find the overhearing of a conversation in a parking lot unlawful because that conversation was "subject to the eyes and ears of passersby." Vermont v. Brooks, 601 A.2d 963 (Vt. 1991).

No stipulation regarding business, so one would be in the clear until it was decided otherwise.

[55Spy]

Option #1

small claims court items that go your way

double billing for accomplished labor
misbilling (ie carbs)
your "conversations" will be recounted for the judge under oath


suggest you get the bike now ,

determine what you think the currently accomplished work is worth and make him a written offer stipulating previous agreements blah blah have it sent registered with a reply / rebuttal date required in the document.

then pay by credit card to buy you time and tell him that you will be going to small claims court..no matter how much you paid unless it was for exactly what you offered

file for court

get ducati certified mechanic  times for everything he listed out that was not modified.  ie master cyl, handlebars, etc. take that and every shred of manhood and other documents on this arrangement you have to court

Hope for the best

Option #2

Let him have the bike and move on.  I can't be the only one thinking this is an option.  You are talking about 4 grand plus what you have in the bike already.  Its at this point an uninsurable custom bike with a OE VIN #that maxes out the value at less than the mod costs.

Option #3
keep letting this guy walk all over you through his girlfriend, pay him less than what he wants but more than what you want to spend, enjoy a beautiful bike and hope not to hate it for the pain and misery ots obviously causing you.


I'm guessing this is not a lesson you will learn again.  but I commend you for jumping in head first on the custom bike thing