|
Sean
12-21-2003 08:31:15
|
|
Re: Re: Re: Bought 1.7CY bucket w/loader got 1.4 w in reply to Bob, 12-21-2003 06:49:07
|
|
| |
Bob, sorry to hear about your bad experience with the loader with the undersize bucket. I'm assuming you are in the states? If so, I would first contact the dealer and simply explain to him/her what the situation is. That the loader was described and sold as having a 1.7 yard capacity and it was delivered with a much smaller bucket. Since it is even described as having a 1.7 yard bucket on the receipt that should be enough to make your case. Don't assume outright that the dealer lied to you or deliberately sold you a machine with a feature it didn't have, it is possible they made an honest mistake. Give them a chance to rectify it first. Make sure you keep a detailed record of the dates, times and person(s) you spoke (and their respective job titles) with during the sale and after you call them back to explain the problem. Then type up a detailed but succint letter indicating what the situation is and address it to the dealer. Send two copies via certified letter with signed receipt (the post office provides this service for a reasonable fee) to both the salesperson and the sales manager or owner of the store (if they are not the same person). Make sure it has a signed receipt. If there is still no acceptable response from the dealer offering you a refund or suitable upgrade (that is acceptable to you) and you have the signed receipts in your hand and a log of the dates times and people you spoke with (and what they said), and a copy of your sales receipt...then you have everything you need to go to court, and WIN. Also, and I'm not familiar with how farm/heavy equipment dealers are regulated in your state (or my state for that matter). But automotive dealers are licensed in Maryland (and I believe in most states) and must be bonded for several $1000's of dollars (usually at least $15k) to help insure against them defrauding customers. If a customer is deceived or otherwise experiences an unfair business practice, they can take their complaint to a division within the MVA and if you can make your case, the investigator can/will arrange for you to be paid out of the dealers insured bond and pay you directly. They can also sanction the dealer by revoking their license and providing other penalties. In short they can really twist the arm of the dealer, and will in almost all cases "bring them around." As long as you have detailed documentation that demonstrates at least a good possibility you were defrauded (i.e. the doubt is almost always in the customer's favor), this will make it very unlikely they will get away with it. That's how it is in Maryland and for auto's, but I'd be very surprised if they didn't have a similar agency for heavy equipment dealers. Also, you still have the very viable option of going to court, in which case you go to their local courthouse and file a civil suit against them. Again, as long as you have documentation (which you will with your signed letter receipts and sale receipt), you should not have a problem recouping your losses. You should also contact the better business bureau and speak with them as well, as they can serve as an advocate and counsel you on how best to deal with the problem in their state. But when a dealer sees certified letters with signed receipts coming across his/her desk, this sends out a silent message to them that you are preparing to take this ALL the way. If they know they are in the wrong (which they should be), they will likely decide to rectify the problem and be done with it...as opposed to going through the trouble of dealing with someone who isn't just going to roll over and take it. (and you would be surprised what ordinary people will roll over and take when this kind of thing happens!)
|
|
|
