Ok whats wrong with this pic

[Jstpssng]

Picture someone going to the grocery store, buying $1,000+ worth of groceries by check, then going home and thru online banking putting a stop payment on the check. What else would you call that other than theft?

A friend's son had a situation very similar to this; except the tractor was a Montana under warrantee. The bolts holding the wheel hub to the front X sheared off; Montana said warrantee would cover $x.00, while the dealer said it cost him $x0.00 and wouldn't release the tractor until he recieved the difference. My friend wrote a check, then put stop payment on it. I would have done the same thing; warrantee cost is between the dealer & distributer, & he had no right to hold them hostage. It turns out that he never even submitted to Montana because he knew they would never pay what he wanted. (I advised against the purchase in the first place; nice tractor, but I had dealt with him before & knew he was/is a sleazebag.)

 

[crazyal]

Wow! Whodat! Not to side track this issue, but stopping payment on a check is Theft, or a felony? That seems pretty harsh! ~S

When a garage or dealer does work to a vehicle (or in this case a tractor) the law grants them a mechanic's lean. It allows them to hold onto the the car (tractor) until they are paid. If not paid they can apply for ownership of the car.

When you agree to have a shop do work you've entered into a verbal contract. For legal purposes dealers will draw up a written contract and ask you to agree to the work being done and sign it. If you feel the shop didn't live up to it's end of the contract you need to take them to court. Taking the law into your own hands never ends well for them. The law is on the side of the repair shop when it comes writing a bad check or stopping payment.

 

[redneckford]

Wow! Whodat! Not to side track this issue, but stopping payment on a check is Theft, or a felony? That seems pretty harsh! ~S

yep if the check was wrote for work done and u stop payment it is consider theft of services and if over 500 dollars it is a felony

 

[sixdogs]

yep if the check was wrote for work done and u stop payment it is consider theft of services and if over 500 dollars it is a felony

I hope my reply not a hijack but it applies to this thread. If so, I'll delete.


Well, if you speak with the bank and explain the situation and if it involves fraud on the other person's part, they will stop it for you.

Back in 1989 I bought a Kubota M6950 tractor from a small dealer in rural Maine. It had 1200 hours on it and the dealer said he sold it new and took it in trade from a local light-use guy. It looked great; new tires, loader. Now, I am extremely thorough in my purchases, can engage in conversation and not leave loose ends. I paid attention.
Except this time. Normally I would have contacted the prior owner and crawled underneath but I was in a suit. Plus, I was a locally well-known guy and usually got treated right since I had a public forum and could impact others. I was well liked but a regular guy and nobody screwed with me.

Since the dealer was local, I accepted what he told me as fact and took his word. I wrote a $17,500 check and had him deliver it. When I got home and looked closer, something was odd. The hour meter numbers didn't line up and there were leaks and use not typical of a light duty tractor. Oil blow-by. Huh?
I called a Kubota factory guy I knew and he checked the history of the tractor. Not only had it not come from this dealer but it was used for municipal mowing and snow removal in a Canadian town (think 25 below and plowing snow) and recently had tear-down warranty work done at nearly 4000 hours by the dealer I bought it from. It was all a lie.

I quickly called the bank, explained and substantiated the fraud and they put a hold on while I drove to sign the stop payment. While I was there the dealer was at a different branch trying to cash the check. Later, that dealer apologized and wanted me to lift the stop and then he would pay me back to "save his reputation". Start whistling Dixie cause it ain't gonna happen.
Guy not in biz any more and I wasn't the first. Crooked is as crooked does.

 

[dcyrilc]

I hope my reply not a hijack but it applies to this thread. If so, I'll delete.


Well, if you speak with the bank and explain the situation and if it involves fraud on the other person's part, they will stop it for you.

Back in 1989 I bought a Kubota M6950 tractor from a small dealer in rural Maine. It had 1200 hours on it and the dealer said he sold it new and took it in trade from a local light-use guy. It looked great; new tires, loader. Now, I am extremely thorough in my purchases, can engage in conversation and not leave loose ends. I paid attention.
Except this time. Normally I would have contacted the prior owner and crawled underneath but I was in a suit. Plus, I was a locally well-known guy and usually got treated right since I had a public forum and could impact others. I was well liked but a regular guy and nobody screwed with me.

Since the dealer was local, I accepted what he told me as fact and took his word. I wrote a $17,500 check and had him deliver it. When I got home and looked closer, something was odd. The hour meter numbers didn't line up and there were leaks and use not typical of a light duty tractor. Oil blow-by. Huh?
I called a Kubota factory guy I knew and he checked the history of the tractor. Not only had it not come from this dealer but it was used for municipal mowing and snow removal in a Canadian town (think 25 below and plowing snow) and recently had tear-down warranty work done at nearly 4000 hours by the dealer I bought it from. It was all a lie.

I quickly called the bank, explained and substantiated the fraud and they put a hold on while I drove to sign the stop payment. While I was there the dealer was at a different branch trying to cash the check. Later, that dealer apologized and wanted me to lift the stop and then he would pay me back to "save his reputation". Start whistling Dixie cause it ain't gonna happen.
Guy not in biz any more and I wasn't the first. Crooked is as crooked does.

I believe this goes back to my statement of the reason for the stop payment. Your intentions were not fraudulent in nature.

Had the same purchase occured when you were getting ready to move out of state, no fraudulent issues with the tractor, and you canceled the check to simply dissapear with it and not have to pay for it... that would be theft and a felony. See the difference?

 

[jlsmith]

Well he wanted to pay with CC over the phone but i told him no that it had to be a cash deal and that i had to be paid before delievery. I hated to do it that way but figured it was for the best so my delievery guy wasnt put in the middle of things on having to clolect. He seemed to be ok with it. We will see.

 

[CBW1999]

WOW......
Took me a while to read, but worth it I think.

Several "discussions" in this thread ongoing. "what should M.F. do", What should dealer do", "what and who caused the failure".......

Customer service is difficult, from both sides of the counter. Facts are Facts, unless it is documented- it wasn't done. It appears the dealer in this case took the right steps- from the sale, through this issue.

I am curious however and have a couple of questions. The OP mentioned some cables loose/disconnected/missing. Would any of these disable the hour meter? Along those lines (no pun intended) are those safety issues that need to be taken care of to protect the dealer from additional future liability?

I would hate for the "customer" to come back later with the "you knew it wasn't right and now look what happened" card. Sounds like a high potential from the customer to do this. Might M.F. require any found safety issue to be repaired at customer expense before the tractor is returned (protecting their interests). If not, consider having the customer sign a document listing the known problems and to accept or decline repair.

lots of great discussions surrounding customer service. I wonder if TBN has considered a specific "Customer Service" category. It might initiate good discussion on the APPROPRIATE methods of resolving issues and also help customers and dealers with researching and seeking input on this topic before moving forward.

 

[jlsmith]

One of the cables was the hand throttle cable which was missing when we picked it up. The other cable that was loose was the tach cable and it looked like someone had loosened it, it was only hand tight when my guy took it off.
I will tighten it when it goes back together like it should be but as far as the hand cable goes im gona leave it like it was. no major threat if that is not working he will just have to use his foot.

 

[tulenutn2o]

4 wheel drive doesn't keep you from getting stuck........................................., it just gets you stuck in much worse places!:laughing:

 

[jlsmith]

:laughing::laughing: so true. I have a friend with 4x4 and he said the only time his is in 4x4 is when its in 2x4 and it starts spinning then he puts in 4x4 just to back out.