Dammmm, I am not sure how to handle this

[dean51267]

I am literally shaking, remember back a couple months ago we discussed me sending my boat to the manufacturer for body and interior work and getting what he thought was a good deal and I thought was a screwing?
Well, that has gone from bad to worse, merchant promised a partial refund and carpet, I reluctantly agreed, and then no refund and a call asking if I wanted to BUY carpet.
This whole thing stated when the bolster seats came apart while I was screaming down the lake at about 60 mph. I got ALL busted up, 12 stitches, two torn roter cups, I am still in pain. Two local boat dealers and two local body shops said the boat was not designed in a safe manner.
I called the manufacturer they promised everything, replace seats free, life time hull warranty so they would fit anything there free, anything to sucker me in. It all sounds so good, and then I get screwed. I could have (and I guess still could) sue for medical damages and pain and suffering, two lawyers begged me to, but I said no, I would simply get the boat fixed and move on, I am not an ambulance chaser, and I have a good life, I do not need to make money off an injury.
So after a lot of discussions I ended up protesting the charges on the MasterCard, now that battle has erupted. Every since the very beginning I have tried so hard to be straightforward, no bullschite, do not slander the guy, state my claim, and the documentation and evidence is so overwhelming that it stands for itself. Now the manufacturer is making up bold face lies, not little one, WHOPPERS, to try and claim I signed off on a half a job done very, very poorly.
I have three signed affidavits from local shops saying the job was 1/2 done at best, looks like schite, and I have a fourth to redo the work so the ones saying the job sucked have no money on the table. The work order called for certain very specific things, then the manufacturer says he decided he thought something else would do so I should suck it up, and that I agreed to it BEFORE the second charge to my Master Card.
You know, I am a CPA, own a 15 person firm in Western Kentucky, Chaplin in a Masons lodge, respected member of the community, sit on 2 non-profit childrenÂ’s homes boards, cook dinner at the VFW for Thanksgiving and breakfast at Christmas. Now I get this guys wife impaling my integrity, making up screaming lies, creating documents that say I agreed to accept his work no matter what he decided to do or not do, how poor the quality or anything else, like I just agreed to give him $14K, and he schite on me I would like it, how stupid do these people think I am.
But you know, just how stupid am I, I am still not wanting to slander the guy, man part of me wants to post records on the internet, pictures of a pint job looking like done by what must have bee schite by drunk techs.
I will give the guy credit, he creates a hell of a show for the magazine, but in the real world it is screw the customer, give him half of what was promised, and do a schit job, then act like the customer expected it.
If you want details call me: 1-888-OWENCPA. I will not publicly display the guys name unless I have to go to court, then it is a open record, but for now, if you are thinking of buying a boat, call me if you want to know my story.
Man, I am still shakingÂ…Â….

[JetBoatRich]

From reading your post :mad: sounds like you really got screwed and the run around :mad: I say use the court system to get it resolved :mad:

[bunny 166]

Keep acting like the real man in this situation....actions speak louder than words. The more this guy acts like an ass, the easier it is on you in court. (If you go that route) It sounds like these people know they're ready to lose their ass, and you sound very prepared to prove your case. I hope everything works out for you. Don't slander the guy; he'll use it against you. Just be the bigger person like you are; you'll win in the end. Good luck :clover: :clover:

[Phat Matt]

I am not sure how to handle this! (http://www2.***boat.com/forums/showthread.php?t=72541)

[mbrown2]

Post his name and lets drag it through the mud....it always seems to work for those getting screwed...if you are not being hones, then they will come on defend themselves...the power of the boards is strong and a lot more quick then lawyers.

[spectratoad]

Sounds like you have held your end to the extreme. I would say that it is time to go to court. It is not getting you anywhere now to be the stand up guy. What if one of the lies they decide to tell puts into question your standing in the community????? Do you want to let it get that far?

[boxscore]

Post his name and lets drag it through the mud....it always seems to work for those getting screwed...if you are not being hones, then they will come on defend themselves...the power of the boards is strong and a lot more quick then lawyers.
Mbrown has a point... There's been more than a couple instances here on the Boards where someone gets screwed over. And the evil-doer sees his reputation is about to be exposed and smeared and things magically get the attn they deserve and fixed right up.

[boxscore]

Post his name and lets drag it through the mud.
SPILL IT

[Rock-A-Bye-Baby]

You've done the right thing so far. But now it is time to sue. The builder hasn't learned his lesson and certainly isn't in fear of anything. I'd bring it on strong.

[SHOTKALLIN]

Let me know who not to give my hard earned cash to for a boat. :D

[chub]

Do you think anyone else that MAY buy a boat from this manufacturer? If so let us all know who it is and save maybe a kid 12 stitches or worse. You 're not the bad guy here. Money is more important than safety to this co. Where do you stand?

[Jbb]

How can you expect anyone to suggest anything less than you posting his name and company name ....and giving him an opportunity to rebutt your claims ...I myself always like to hear both sides of a story anymore...

[Kilrtoy]

I'll do it for him,
he owns a
31 PROFILE

[dean51267]

you know, part of me really, really wants to spill the beans, but I make a living and feed my family helping small business owners, and if this whole story was told, in all its sortid details, no one would EVER buy a boat from this guy, he has been building boats for 20 years, I do not want to ruin that, but then you are right, what responsability do I have to the public to expose this kind of thing......
Hell, I do not know, I will talk with my lawyer and huting buddies Monday, this sucks, you know, it is a crying shame what some poeple will do for money...........

[SHOTKALLIN]

Damn I was checkin out that 28 profile just the other day.....Oh well. Maybe I'll but a west coast boat instead.

[My Man's Sportin' Wood]

I think he needs to be held accountable for his work and if it takes a court to make him accountable, so be it. If he is not held accountable, he may continue his shoddy workmanship with no recourse. Then someone else may be hurt worse than you and I'm sure you are the kind of person who would take that hard, even though that wouldn't be your fault. What I'm saying is, to keep someone else from possibly getting injured, you need to make sure that he is held accountable now.

[Freak]

Hummm Profile boats off the list. I'll tell all my friends to. I'm east coast too. For that company to pull that they must be having financial probs.
Oh yeah - Post on Offshoreonly.com also.

[dean51267]

Hummm Profile boats off the list. I'll tell all my friends to. I'm east coast too. For that company to pull that they must be having financial probs.
Oh yeah - Post on Offshoreonly.com also.
The company did say something to that effect. Fell like asking just why in the hell their financial problems are now mine................
Shit, if he wanted to know how to make a buck all he had to do was ask, I show small business owners how to do that every day.

[C-2]

Save some money and hire a good private investigator in your area. Give him a budget and let him go wild - see what turns up. Your beef with the manufacturer could be one of many for them – but there’s usually BIGGER problems looming for flaky businesses or businesses “on the fence” (issues with licensing agencies permits/fees for fiberglass, paint, other lawsuits about to go to trial [wouldn't somebody else in your situation love to find you?], insurance claims/coverage TAXES TAXES TAXES, etc.). Coerce him into submission.
If that fails, give the PI more money and tell him to make the guyÂ’s life hell. ThereÂ’s some wicked stuff available out there. :eek: :eek:
:)

[dean51267]

I have a local shop who does amazing work, the kind on those custom cars that sell at auction ofr six and seven figures, he is going to do the work. I have done him a favor and he is not one to forget that. In the end I will get a better product, but I gotta dig through this crap first.

[dean51267]

http://www2.***boat.com/forums/showthread.php?p=1184189&posted=1#post1184189
carry over from the above link.....
got an e-mail stating I could not have a real claim here, so here are the specific assertions which are untrue:
Assertion One:
I agreed to pay for whatever the manufacturer decided to do, or not do, and accept whatever quality work was provided or not provided, and pay almost $14,000 for however much or little the manufacturer decided to provide, despite weeks of working up a detailed work order and detailed conversation of exactly what I wanted, did not want, and could afford, and was not cost effective. The manufacturer detailed extensively the detailed, week’s long effort, in completing a specific work order. If I simply said “here do what you thing, and charge what you want” why work up a detailed work order.
Assertion Two:
The boat left the manufacturer AFTER I approved the repairs via phone calls and conversations. This is a complete and total lie. The boat left the manufacturer on December 15 early in the morning, my office was called about 8:30, once the boat was in transit, I was in a meeting so I returned the call at 10:XX am, and was told it left early that morning, and was pressed to sign a work order release. That signature has never been forth coming. At that time I was offered e-mail pictures, an e-mail was sent, but the attachments were unable to be opened, I called back at 12:XX and ask the pictures be resent, phone records confirm these calls were made. The pictures never arrived.
There was NO contact with my office before the boat was in transit from the manufacturer to my office, a trip of about 6 hours. No credit card authorization exists for the second repair, no phone records exist between mid November until after the boat left the manufacturer. Even the manufacturer even said it would be stupid to let the boat leave the shop without me seeing it first, I could not possibly agree more. The manufacturer placed a $6500 charge on my Master Card WITHOUT authorization, and AFTER made the charge started creating records to make it look like I approved the charge made in December back in OCTOBER! NO charge authorization exists for the second charge, because the work was NOT approved before it left the manufacturer or EVER, and the first charge was a DEPOSIT, made BEFORE work could be started, as such I have NEVER approved the half done, poor quality job. This is not here say, this is FACT.
Assertion Three:
The manufacturer tried to talk me out of the repair work, that the boat had been "abused" by prior owners, and that it was not worth repairing. Fact, there was a $33K restoration completed within the past 24 months, new engines, out drives, hydraulics, all the mechanical stuff was replaced with new Mercrusier or OEM equipment. Cosmetically the interior showed age, but was not in "bad" condition. A current marine survey exist (had to get one for the insurance company) stating the condition of the boat is above average, and fully functioning, the only negatives in the survey was that the boat was missing one of the "do not discharge oil overboard" stickers, that there were light scratches on the hull (emphasis on the word light), and the interior showed minor wear (emphasis on the word minor). The survey was done out of the water, and at full operations, meaning everything from getting it off the trailer, running it down the river, and loaded back on the lift in the marina.
The repairs were done to change colors of the boat to match my H2 and company color which is a bright Yellow. The interior was changed because the bolster seats ripped out of the side and floor destroying the OEM bolster seats, and resulting in extensive injuries to myself, and need for replacement seats, and since I was into it, I decided to get it all done.
Assertion Four:
The work done was in agreement to the work order, which I verbally changed. This is an outright lie. The work order said "paint the hull red" and add "yellow and orange graphics" instead I get a grey vinyl pinstripe. Had I wanted grey, I would not have changed the interior colors which were supposed to be red/white, and came back white/red. Again, three local shops (EVERY shop that has seen the boat) said the work order was not complete and what was completed was of poor quality. Manufacturer says the stripe is paint, two local shops say vinyl, I am a CPA so I am not qualifed to state fact in this area, so I will defer to experts, however most directly the work order NEVER said grey, it said ORANGE/YELLOW.
When I called in November to ask how the job was coming the owners wife herself told me it job was going, it was going to be a good bit longer, and they would call me when it was ready. There was a definite tone of “don’t call us, we will call you” about the conversation.
Assertion four:
I am only protesting the work because I am trying to "scheme" the manufacturer. Fact: I have three local paint/body shops who all agree the paint job looks like crap and is of very poor quality, with orange peal everywhere, and that only a portion of the hull was painted, that almost the entire job needs to be redone. This means the work was not completed, and what was completed was of poor quality. That is not my assertion that is EVERYONE who sees the boatÂ’s assertion, signed, on their letter head, experts in this type work, affirmed to, people with no vested interest, willing to put their hand on a bible and get in front of a jury, and say EXACTLY what has been said here.
Assertion Five:
I waited 60 days to make complaint. This is another lie. Fact: I wrote a very amicable, but direct, e-mail complaint to the manufacturer on December 18 requesting their help, and detailing my dissatisfaction with the work done. There was a 29.4 minute call on December 20, a credit card charge dispute in mid January (after we talked and the manufacturer did not refund as promised and tried to sell me carpet that was already promised). The January credit card dispute was only after the LAST promise made by the manufacturer was broken and a refund was not made, and carpet was not sent.
Assertion Six:
The manufacturer tried to talk me out of the repair work, and did not think the boat was worth the cost of repairing, but I insisted and was willing to pay what ever it cost, money was no object. This is mostly true, I was willing to pay inflated prices to get the absolute best quality work, and no one should be able to do that better than the manufacturer, unfortunately I am finding that is way, way off base.
There it is the complaint and irrefutable facts, since it appears this is gonna go to court, and court records are open to the public, and I believe complete and total honesty, no matter how painful, is ALWAYS the best policy, I think we ought to litigate this in the court room, and in the court of public opinion. I still wake up every night in agony from a torn rotator cup, I am up now waiting for the Motrin to kick in, maybe someone else will avoid that pain from our discussions.
I have been very careful to ensure there is nothing here that can be considered slander, every single statement, assertion, claim, or other comment can be verified by documented fact, or unbiased third party.
Okay, the Motrin is kicking in, I am going back to bed.

[mcourson]

Dean,
Sorry about your situation
Is your boat yellow on top with red flames down the side and a white hull. If so I have seen it on the lake and passed thru your town heading to the lake and seen it your house. Also seen it in the town where I work at place getting some work done.
Sorry to be so vague, just don't want to give out to much info with out consent.

[dean51267]

mine is red, had a huge purple lightening bolt down the side, I own the Dean Owen CPA and Super Tax Businesses and drive that yellow H2 with all the funky lettering.
I was hopeing to get back to a red, with heavy yellow on the boat, using orange to transition, I think that is what I am going to do. The painter who is diing the work is a client, and an exceptional artist, he wins Dupoint awards every year for his work (that other paint company too, but I can't recall the name right now). He

[dean51267]

If someone can find the yellow/orange I will give you a $50 prise...............

[mcourson]

Sorry Dean,
Got ya mistaken with another boat.
Good luck with your situation.

[a catered life]

this looks bigger than judge joe brown? use the courts :devil: and sinced its going that way take them for what ever you can

[mmered8299]

This is a case where the nice guy finishes last. Its time to be an asshole and fight back or he'll just keep walking all over you.

[dean51267]

unfortunately it may take a product liability suit to get their attention. I wish it were not this way..........

[dean51267]

to everyone who helped with the pics, - expecially Rex

[Desert Rat]

Guys/companys like this NEED to be reminded that the little guy has options, like court. The only way to stop people like this is to put them out of business. You were probably not the first person the guy has screwed but you can try to be the last! Good Luck and I would go for ALL medical on top of it.

[dean51267]

I have bee nspeaking with product liability lawyer today, hate to go this way, but if forced, well, I did not make the rules, I just decided to win by them....
Yal, after some consideration I figure they are trying to run a scheme, making up lies as they go, but I will win this, I am a CPA, used to recording things for the IRS, my act is a hard one to follow, so this guy will go away..........
Thanks for your words of encouragement.............

[plaster dave]

Dean that sucks sorry you got screwed.

[dean51267]

ummm, was wondering about that, they say that unless damaged exceed $200K there is no way to win a product liability case because the cost of litigation exceeds the potential award, makes sense, but now I guess I find myself on the other side of the fence, I have always hated lawyers.
Well, to be honest I was not looking for ill gotten gains, never have seen that work out good, so I am back to my basic case of the work was not done in accordance to the work order, and letting everyone see the pictures of how the seats were installed at the factory, maybe someone will see it and fix theirs BEFORE a major injury occurs.
Oh, at the end of the day, the lawyers said they would let non-binding arbatration roll forward, but if at anytime I am not getting what I need file suit, it is a slam dunk, and now that the manufacturer has started telling falsehoods, most anything hey say will be questionable.
Funny how integrity, or lack there of, always seems to find justice,,,,,,,,
Wish me luck, I will keep everyone posted.........

[dean51267]

bump.............