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Oh... That's nice.

Discussion in 'Members' Lounge' started by jamesA, Jun 26, 2007.

  1. jamesA

    jamesA Well known pissed off telephone guy VIP

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    So that one dudes thread about RevHard reminded me to call Driftspeed.

    Quoc answered and we got right down to business. Apparently Driftspeed was owned by Brian. The guy who was fucking with me through out the entire process of getting my exhaust.

    Well, when they moved locations and changed numbers - it turns out they became a NEW company under the same name.

    That's right, Brian sold the company and went on to other things.

    So here are the choices as Quoc laid them out for me.

    Dealing with the current driftspeed;
    1. I get the exhaust I bought.
    2. I get a refund check of $480.00

    Dealing with the old driftspeed;
    3. They do nothing and Brian has to get this resolved.
    4. I must file a small claims case in court against Brian, former owner of Driftspeed.

    These last two options are really really going to fucking piss me off.


    Apparently Quoc got in touch with the company's lawyers and he's going to advise them on the best route to take.

    Since they didn't sell me the exhaust, apparently they aren't liable for the parts or money.
     
  2. totalburnout

    totalburnout Well-Known Member VIP

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    I don't understand what the problem is here.

    If the current driftspeed is willing to ship you the exhaust you bought or give you a refund, and they aren't actually liable, then thats outstanding business practices.

    It seems as though I'm reading something wrong here, because if I'm not, it seems as though its a no brainer.
     
  3. jamesA

    jamesA Well known pissed off telephone guy VIP

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    The problem is that the current owners of driftspeed contacted their lawyer because they aren't the ones who sold me and haven't gotten me my catback. By calling a lawyer it makes it seem as though they feel they aren't responsible for the transaction, but instead it's on the shoulders of Brian, the guy who owned the company and sold me the exhaust in 05.

    If they do end up either refunding or sending me my exhaust, I will praise them for that. If I have to end up going after Brian... I'm not financially capable of a small claims court case.
     
  4. totalburnout

    totalburnout Well-Known Member VIP

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    So basically the problem is Option 1 and Option 2 are off of the table. You don't have a legal leg to stand on and the only way anything is going to come from that is that out of the goodness of their heart they send you an exhaust. Certainly no one in their right mind will give $480 cash out of pocket for a situation that they weren't even directly involved in.

    The small claims court option shouldn't be expensive at all and you'll have to see the regulations on small claims court. Usually you have to go to court where the incident occurred. If you file, you may be able to say it occurred in your home state and force Brian to come to you. Court costs are $60-$100 and I believe you can actually recoup your court fees in certain situations.
     
  5. jamesA

    jamesA Well known pissed off telephone guy VIP

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    He never said Option 1 and 2 were off the table, but from a business stand point I understand the fact that it's a very viable solution as far as the new driftspeed is concerned.

    Next problem is trying to contact Brian, if those fall through.
     
  6. totalburnout

    totalburnout Well-Known Member VIP

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    All you need is his name and you can find his address online, to have the courts get in contact with him.
     
  7. nootrac22

    nootrac22 Well-Known Member VIP

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    thats the job of a process server, and there services are not free. usps with return receipt is a viable option. and small clames court is inexpensive, but would more than likely have to take place where ever this brians business was based.
     
  8. jamesA

    jamesA Well known pissed off telephone guy VIP

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    And I'm not going to California...
     
  9. nootrac22

    nootrac22 Well-Known Member VIP

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    you can find the info on small claims in your state look for your states attorney generals web page should have tons of info on it. here in pa the page actually has a link to file a complaint. i had problems with the local water company. i tried to correct it with them for a YEAR with no results. i filed a complaint with the link and 6 weeks later got a letter from state attorney gerneral office. they admited no wrong doing but offered me $100 credit to be nice.
     
  10. CRX-YEM

    CRX-YEM Super Moderator Moderator VIP

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    You've got more than a small claim court case if this was a sale across state lines, you could go after him for fraud and racketeering, among other options.
     
  11. pissedoffsol

    pissedoffsol RETIRED

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    i thought you had the exhaust?
     
  12. jamesA

    jamesA Well known pissed off telephone guy VIP

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    You would KNOW if I had my exhaust by now. haha
     
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