[DeTomaso] [SPAM]Re: Pandora's about to turn ugly

Robert Simpson R.Simpson35 at Verizon.net
Mon Jun 29 18:26:04 EDT 2009


This situation can go several ways and to me, most of them are bad.  It 
would seem you are almost being held hostage.  The only thing I would 
reccomend is to document conversations and incidents in a log.  Using a 
camera to document the condition of the vehicle and to create a visual 
timeline of progression or lack there of.

If all turns out well, then that's great, if it goes sideways, the 
documentation and pics could be used in court.  The last time I checked, if 
it goes to lawsuit, you will need to prove if the repairs were to "Industry 
Standards".

I'm not a lawyer but did win a settlement against a pool builder because of 
my documentation, logs of calls and conversations and photos showing 
progress (lack of)and build quality.  I was able to have a builder state the 
construction was well below industry standards.
----- Original Message ----- 
From: "Art Stephens" <artstephens at verizon.net>
To: "Ken Green" <kenn_green at yahoo.com>; "Pantera List Serve" 
<detomaso at realbig.com>; "Christopher Kimball" <chrisvkimball at msn.com>
Sent: Monday, June 29, 2009 3:04 PM
Subject: [SPAM]Re: [DeTomaso] Pandora's about to turn ugly


> Chris,
>     Ken recommends not getting and attorney and get this, Ken is an
> attorney!
>
> Art
>
>
> ----- Original Message ----- 
> From: "Ken Green" <kenn_green at yahoo.com>
> To: "Pantera List Serve" <detomaso at realbig.com>; "Christopher Kimball"
> <chrisvkimball at msn.com>
> Sent: Monday, June 29, 2009 2:54 PM
> Subject: [SPAM]Re: [DeTomaso] Pandora's about to turn ugly
>
>
>> Chris,
>>
>> I guess I have a different approach. Getting an attorney involved may 
>> cost
>> serious bucks. Having an attorney send a letter may just really tick off
>> these guys, and they may do something stupid out of anger. It might be
>> better to get a promise of a delivery date you can live with, and if it
>> isn't delivered, rent a truck and go get your car. It's not fair to you 
>> to
>> have to pick up pieces, but if you get into a legal fight with these 
>> guys,
>> it may just be a lot of grief and STRESS. Going into court is almost
>> always a miserable costly experience. And even if you get a judgment, 
>> it's
>> a pain to collect. AND, you will feel a lot better when you have your car
>> back.
>>
>> If they failed to deliver, and that causes you expenses (the truck, bills
>> from another mechanic, etc.) you can always take them to small claims
>> court AFTER you have your stuff back.
>>
>> Ken
>>
>> --- On Mon, 6/29/09, Christopher Kimball <chrisvkimball at msn.com> wrote:
>>
>>
>> From: Christopher Kimball <chrisvkimball at msn.com>
>> Subject: [DeTomaso] Pandora's about to turn ugly
>> To: "Pantera List Serve" <detomaso at realbig.com>
>> Date: Monday, June 29, 2009, 12:20 PM
>>
>>
>>
>> First, thanks to all of you who have expressed helpful opinions about my
>> poor missing Pantera (which isn't really missing now, since I know it's
>> location, but it's missing from my garage, nonetheless).
>>
>>
>>
>> Today I called the engine builder one final time (the place where I
>> dropped it off almost 8 weeks ago) and told him I finally met his 
>> mechanic
>> friend who has the car. I told him I was not really confident in the
>> mechanic's abilities, let alone timeliness, and I wanted the car back by
>> Thursday.
>>
>>
>>
>> He apologized profusely about the situation and said he wished he'd never
>> used Randy (the mechanic).
>>
>>
>>
>> Here's where it turns ugly.
>>
>>
>>
>> He said he would try calling Randy, but when I pressed that I wanted my
>> car delivered to my house by Thursday, either together or in pieces, he
>> said he had no way to get it. He sounded irritated that I would expect 
>> him
>> to do anything more than try to call Randy, especially when I told him he
>> should just do what I had to do on Saturday, namely physically drive out
>> to Randy's house. (Randy, as you'll remember, has a penchanct for 
>> ignoring
>> phone calls).
>>
>>
>>
>> He seemed to indicated that since I had talked to Randy, now it was my
>> problem. I gave him Randy's home address and suggested he hire a flatbed
>> to get me my car back.
>>
>>
>>
>> I'm speaking with an attorney tomorrow at 3:30 PM.
>>
>>
>>
>> Sincerely,
>>
>>
>>
>> Chris
>>
>>
>>
>>
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