When is rear ballast needed with a FEL?

Mosey · Jul 14, 2003

( We haven't given up, so Don't you give up! /forums/images/graemlins/shocked.gif

You've got the TBN braintrust behind ya... /forums/images/graemlins/blush.gif

Give us a day or two to ponder this... /forums/images/graemlins/smile.gif)

Thanks John! OK, I'm not giving up. But, I am going to have to pay for it or the dealer will take me to court and I'll end up paying court costs. My VISA company has done all they can do, they don't provide legal services. Now that they've charged it back, the dealer is coming after me directly. I thought about a lawyer, but one will only cost me more money, so I'll keep going on my own. It's really between me and Bush Hog, not me and the dealer, although the dealer should realize the M246 is too big for my tractor and not sell it for this size tractor. Unfortunately, there are customers out there who don't feel like it's too big and are using it on the Class II Boomers and TC30 tractors, so I don't have any proof that it's too big. But, I strongly feel it's only a matter of time before it over stresses their tractors.

19th_VA · Jul 14, 2003

Don't worry too much about the process of getting sued. Everything will take some time--court papers, first day in court (judge usually encourages parties to talk). In the meantime, you can buy yourself some time to try and negotiate with the dealer. As long as you pay up eventually, the lawsuit itself doesn't matter--does not go any kind of record. You just don't want a judgement rendered against you. This could only happen if you refuse to pay. Court costs shouldn't be awarded unless you signed something that said you would. Good luck and be tough! P.S. I'm not a lawyer. Would be good to try and consult someone in your area, even if just for an hour or so (might cost $50-$100). A lot of attorneys have a free initial consultation.

SteveV · Jul 14, 2003

Here's a thought or two: there's already been the meeting of the minds with the dealer and loader rep and the dealer is stuck in the middle. Since the charge has already been backed out on the dealer, he's out the money and the loader. Now the time to propose your way out, whether it be returning the loader against his policy (obviously the charge card overruled) which should be done soon. Any judge will ask the whereabouts of the money (you) and the equipment (you), so this won't look good in court. After this is settled, go find the loader that belongs on there. Just because it fits doesn't mean it's right. Yup, they said it would work and the loader goes up and down but you still don't get to penalize the dealer or manufacturer. Make it right before someone gets hurt. That's when the penalty will get assessed. SteveV

MikePA · Jul 15, 2003

Danny, would your dealer be open to giving you the price you paid for the BH FEL on a trade for either the right sized BH FEL or a 7308?

Mosey · Jul 15, 2003

Thanks everyone for your thoughts on this. I'll look into a lawyer that might have a free or reasonable initial consultation. I've been wondering if I should just take it off myself and put it on a trailer and take it back to the dealer. Unfortunately, I don't have a trailer big enough to park it on first and then detach it and back the tractor off and I don't have any way of getting it on my trailer if I detach it first. Don't worry, no one is going to get hurt because I don't use it - it sits in my garage. I haven't asked about trading for a NH 7308, but I will the next time I talk to the dealer. I'd even be willing to get the standard (non Quick Attach) bucket if that's what I need to do to keep the prices equal.

kensfarm · Jul 15, 2003

Mosey.. thought I had sent this to you yesterday.. but have you checked out this site.. the web site states they will do a free evaluation of your case.

Indiana's Lemon Laws - http://www.indianalemonlaw.com

The state & federal consumer protection laws should give you the right to return anything you've purchased.. I'm not a lawyer.. but if you can return a car.. you should be able to return a loader.

CTyler · Jul 15, 2003

Sorry to hear this has turned into such a hassel.
Do you have a legal Aid Office to obtain free councel?

CTyler · Jul 15, 2003

Also have you talked to NH directly about the weight of this loader? I don't mean the dealer but NH. What do they say?

Mosey · Jul 15, 2003

( Do you have a legal Aid Office to obtain free councel?

Also have you talked to NH directly about the weight of this loader? I don't mean the dealer but NH. What do they say? )

CTyler - What is a legal Aid Office?

I haven't talked to anyone at New Holland except the dealer. Any ideas on where to start?

Thanks.

CTyler · Jul 15, 2003

Hi, the Legal Aid office has Attorneys that are free(or next to free) and will represent you. This may be a state thing. I think it was put in place for people that could not afford an attorney, I.E. low income. However they will give you advice even if your not low income.

NH customer service/support would be a good place to start. If they can not help you they should point you in the right direction.