Daughter Ripped Off?
- Freddy
- Member
- Posts: 7293
- Joined: Fri. Apr. 11, 2008 2:54 pm
- Location: Orrington, Maine
- Stoker Coal Boiler: Axeman Anderson 130 (pea)
- Coal Size/Type: Pea size, Superior, deep mined
Hey Devil, I'm glad this has been straightened out. Common sense finally prevailed.
I've been to court for trivial things, less than $100. Once I took a Websters dictionary with me. I would this time too. There's not much wiggle room in the definition of a stove. Unless the reciept clearly said "stove body" I'm sure you'd have won the case no matter how high fa-lutin' thier lawyer was. I think they finally realized that.
I've been to court for trivial things, less than $100. Once I took a Websters dictionary with me. I would this time too. There's not much wiggle room in the definition of a stove. Unless the reciept clearly said "stove body" I'm sure you'd have won the case no matter how high fa-lutin' thier lawyer was. I think they finally realized that.
Thanks Freddy. While my daughter handled the dispute well, she waited & argued with the salesmen & lower echelon managers at the store too long until the top guy (or owner, I'm not sure) finally made the ethical decision to give her the door at no additional charge. I have always tried to instill in my daughters that if you have a problem, always go right to the top guy. Saves allot of aggravation!Freddy wrote:Hey Devil, I'm glad this has been straightened out. Common sense finally prevailed.
Never hold discussions with the monkey when the organ grinder is in the room.
Winston Churchill
- coalkirk
- Member
- Posts: 5185
- Joined: Wed. May. 17, 2006 8:12 pm
- Location: Forest Hill MD
- Stoker Coal Boiler: 1981 EFM DF520 retired
- Hand Fed Coal Stove: Jotul 507 on standby
- Coal Size/Type: Lehigh anthracite/rice coal
This thread has gone on long enough butt...gotta disagree with you trader. If you buy a stove and the dealer delivers it, without a door? Naw, you are gonna win in court. As some said earlier, without a door,it's a paper weight.
traderfjp wrote:I guess you didn't read my post carefully I didn't say to return the stove.
traderfjp wrote:The stove is incomplete. The correct thing to do is to return the stove and tell the guy to shove it high
Just being a wise guy trader... ( but you definitely should be working for the Bush administration! )
Of course a lawyer is going to tell you that traderfjp......That's how they make a living.......They want you to hire them! I'm not advocating that you should never hire a lawyer, but that decision depends on:traderfjp wrote:Also, I was sued in federal court and our family lawyer suggested that we not try to defend ourselves because of the special procedures they have - he said we would mostly likely lose.
1. The nature of the case (I wouldn't try to defend myself facing murder charges but I wouldn't hire a lawyer to defend me facing a $30.00 overdue library book charge in small claims court either)
2. Your own familiarity & comfort level in a courtroom.
In every minor civil action I have ever seen, or been party to, the judge will first try to get both parties to meet privately & see if they can settle their dispute b4 wasting the court's time. (Most courts have small conference rooms near by, set up for just this purpose) You'll be amazed just how reasonable the opposing lawyer can be to settle at these meetings. He/she knows that the judge will not look kindly on either side if the case could have been "reasonably" settled b4 wasting the court's time.
Last edited by Devil505 on Wed. Sep. 10, 2008 11:26 am, edited 2 times in total.
I bought a 1997 Chevy K2500 new that came with no rear bumper. I had to pay extra for it on the options sheet.jeromemsn wrote:Dang I sure hope Chevy, Ford, Chrysler and the others don't get wind of Harman's trick. I guess two door cars would make a quick comeback. Sheeesh
Many trucks come with no bumper due to the many different bumper types people want on their truck. (ie Step & Tow, pipe bumpers, Drop Bumpers, etc)Jaan wrote:bought a 1997 Chevy K2500 new that came with no rear bumper. I had to pay extra for it on the options sheet.
Last edited by Devil505 on Wed. Sep. 10, 2008 7:01 am, edited 1 time in total.
- Richard S.
- Mayor
- Posts: 15184
- Joined: Fri. Oct. 01, 2004 8:35 pm
- Location: NEPA
- Stoker Coal Boiler: Van Wert VA1200
- Coal Size/Type: Buckwheat/Anthracite
If the dealer has them on the showroom floor with a door. the literature shows it with a door etc I think its safe to assume you should expect to get a door unless they were told door was "optional". There's laws governing how you advertise a product. If you're going to show something and there is something that is not included especially as something as important as a door it better be made known its optional before you purchase it. This would be like a lawnmower salesman selling you a lawnmower without a pull cord... "ohh you want to start it? Pull cords extra"
If you check the brochure, it doesn't say "optional door" but "optional gold door". Under the options section there is no mention of "optional door"
Point is they should have gotten a door and I doubt there is court in this country that would disagree with that.
If you check the brochure, it doesn't say "optional door" but "optional gold door". Under the options section there is no mention of "optional door"
Point is they should have gotten a door and I doubt there is court in this country that would disagree with that.
This is my last post. Here is my original quote which isn't bastartized: "The correct thing to do is to return the stove and tell the guy to shove it high but the problem is that they may not be able to get the stove at another dealer. If it was me I would pay for the door and then dispute that charge."
I clearly stated that you shouldn't return the stove and that you should pay for the door and dispute the charge. Anyway, glad it all worked out.
I clearly stated that you shouldn't return the stove and that you should pay for the door and dispute the charge. Anyway, glad it all worked out.
Bastartized!!....I was just teasing you Trader!!....Come on....Give us a hug!traderfjp wrote:Here is my original quote which isn't bastartized: "The correct thing to do is to return the stove and tell the guy to shove it high but the problem is that they may not be able to get the stove at another dealer. If it was me I would pay for the door and then dispute that charge."
I clearly stated that you shouldn't return the stove and that you should pay for the door and dispute the charge. Anyway, glad it all worked out.
Exactly right Richard.Richard S. wrote:Point is they should have gotten a door and I doubt there is court in this country that would disagree with that.
To my way of thinking, (& again what I would have argued in court) a coal stove really has only one purpose: To provide heat.
If a store takes $1600.00 from a customer, whose obvious intention is to buy a heat source, & then fails to deliver a device capable of providing heat, I think it is an open & shut case.
Last edited by Devil505 on Wed. Sep. 10, 2008 7:32 am, edited 2 times in total.
- Richard S.
- Mayor
- Posts: 15184
- Joined: Fri. Oct. 01, 2004 8:35 pm
- Location: NEPA
- Stoker Coal Boiler: Van Wert VA1200
- Coal Size/Type: Buckwheat/Anthracite
Not so sure that is a good idea, you're purchasing a door and got a door. There's nothing to dispute and the store owner would most likely win that one in court. I'd imagine the court would look at it as theft of merchandise through fraud.traderfjp wrote: I clearly stated that you shouldn't return the stove and that you should pay for the door and dispute the charge.