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My Stolen 348 and the BRCC Update

Discussion in '348/355' started by DrStranglove, Jan 16, 2004.

  1. DrStranglove

    DrStranglove FChat Assassin
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    #1 DrStranglove, Jan 16, 2004
    Last edited by a moderator: Sep 7, 2017
    Amazing bunch of BUIISHlTSKI this is and has been. I do want to thank every one here though for their well wishing and crying shoulders when the event first happened. And I thought you all would like an update on the story too.....


    It looks like we are headed to court in a few weeks. It took the Blowing Rock Country Club (BRCC) six months to even make a counter offer on the cost of the repair and the loss in value and use.

    We asked for the repair of $5000 and a LoV/LoU payment as well. (Remember they had my car out of commission for over 30 days!) They countered, around the 1st of this month, with $7000 total. Of course we refused. The really amazing thing is that, as I live in the area and it is sort of political, I could not even get the BRCC's leagle council to talk to me. As it turns out he is not paid any money but simply gets a break on his membership. (Something I did not know till Nov.) So it was not really in his interest to deal with the matter. Likewise, he is not in any decision making position, he just makes a recommendation to the board of directors. (Didn't know that either.)

    So after appealing his non-handling of the problem with an old friend of the family who is a member there- I am not- we finally saw action on about the 15th of Dec. Actually the next day and man was he mad at me. He even called me 'boy' on the phone at which point I thought my brother and one of our other attorneys was going to bite his head off.

    To be honest we did not have much time to deal with it, well, until now. The deadline for filing my parents estate was on the 21st and we were up to our necks in tax law and related issues. That coupled with also going to Atlanta twice a month for my Aunts estate made for a busy end of the year, and BRCC was put on the back burner. They are not going anywhere and nether am I.

    As it stands right now we plan to go to court in about a week. The only thing we are waiting for now is a statements backing up our claim in the loss of resale value the car due to the theft and subsequent damage. Should be here in the next few days I think.




    For those with something other than dial up here is another (big) pic of Brandee sitting on the 348 again literally 10 min before the theft.
    (Cut and Paste)

    http://www.drstranglove.com/upload/imgs/Brandee348.jpg


    It is a little bit different than this one;
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  3. Enzo

    Enzo F1 Rookie

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    How is Brandee taking all of this. Give hell Dr.
     
  4. DrStranglove

    DrStranglove FChat Assassin
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    #3 DrStranglove, Jan 16, 2004
    Last edited by a moderator: Sep 7, 2017
    Amazingly she blaimed herself for making me take the car, then demanding valet!!! (Kind of sweet really.)

    I tried to convince her that if she had not wanted a picture on the car we might not have known it was even taken.



    This is us earlyer in the evening. Gotta love the 'hello kitty' matching bracelets!!!
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  5. ryalex

    ryalex Two Time F1 World Champ
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    Best of luck. Give em heck.

    That's one of the things I'm enjoying about going to law school - busting some frickin heads if anyone pulls crap like this. I'm friends with a (now retired) litigation partner of a firm in Phoenix who took his GM lease car back in 01, they called him the next week demanding damage $$... shocked, he goes to the dealership where someone has obviously taken a fist sized rock and pounded up and dragged it along the passenger side of the car. He says, "well, I have polariods of it as I turned it in, and I'm a partner at So-and-so, My Name and So-and-So, and if you don't believe me I'd be happy to settle this matter in court." The manager QUICKLY changed demeanor and said to forget about it.
     
  6. dream cars

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    yes good luck to you.
     
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  8. Greg G

    Greg G F1 Rookie

    Perhaps if you went to visit the BRCC magr wearing your Storm Trooper costume, things wld not have escaladed to this. :) LOL

    sincerely good luck!!!
     
  9. fanatic1

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    I do need to ask........if the repair was 5G's.......and they counter offered 7 G's.........enough for the repair and 2 G's of pocket dough.......what more are you looking for............that sounds fairly reasonable........I mean, I don't know what the 5 G's entails,,,,,probably new clutch, but come on, the chances of someone driving the car and REALLY causing 5G's worth of damage is slim...........unless when they brought it back the clutch was GONE.....everything your doing to "fix" the car is purely preventative just in CASE they damaged something.....right?????? Anyway, good luck, they definately owe you somthing, but 7G's and be done with it...............I don't know, if it was me, maybe I'd look again at the offer...........if you get 25 G's after court, but it costs you 15G's in attorney fees and 2 more years of haggling, what have you really gained?

    just my .02
     
  10. BigTex

    BigTex Seven Time F1 World Champ
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    I've had a really hard time finding anyone to back up "diminished value".

    In a dispute with MY OWN insurance company, the Ferrari dealer said,
    "No loss in value, if properly repaired". I was floored, and without allies, had to settle for offer.

    Possession of an attorney is nine tenths of the law.

    and of course....

    My attorney can kick your attorney's _ss!

    Good Luck
     
  11. BigTex

    BigTex Seven Time F1 World Champ
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    However, delete this whole thread and argue that the mental stress associated with this issue HAS impacted your love life.

    "Loss of connubial bliss". THEN you're talking serious money!

    Chin up lad, you've still got the girl! What a nightmare!
     
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  13. 134282

    134282 Four Time F1 World Champ
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    Hey, Doc, this is pure bull... Grab 'em by the sac and squeeze and don't stop until your hand cramps up... Then, switch hands and squeeze some more... This is ridiculous... Hang in there, buddy and let us know how things progress...
     
  14. Schatten

    Schatten F1 World Champ
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    Thanks for the update. I remember this ordeal when you first posted about it on the old board.

    Also, if she is a hello kitty fan, you know there are certain battery powered toys in hello kitty fashion, right? one gf wants one - she'll have to wait till her bday.
     
  15. DrStranglove

    DrStranglove FChat Assassin
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    Not at all. The car was stolen by two 18 y-o vallets. They drove it for about 30 min with the parking break on and tore out the rear breaks, dammaged the door, and distroyed the front skirt and generally beat the thing up. We watched them pull into the club parking lot at about 50 and go over a 4" speed bump which caused sparkes to fly. I about had a heartattack, as did the club manager that was then standing with me.

    Amazingly, the club was not even insured for the vallet service. They then let the car sit for over 30 days before I got an order allowing me to get the car to get it fixed on my dime.

    Plus I have private in house council so they might as well make their money doing this as anything else.

    Long time F-Chat member Ferrari Old Man of the great Sport Auto of NC did the repairs.
     
  16. fanatic1

    fanatic1 Guest

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    Oh...............well good luck..........I guess if you don't have to worry attorney fees that can make all the difference! :)
     
  17. wax

    wax Four Time F1 World Champ
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    As in "My Cousin Vinny" - ain't a jury in the world won't be swayed by Brandee's testimony.
     
  18. f355spider

    f355spider F1 World Champ
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    Dr.S good luck and I hope it all works out. I'm glad you are sticking with this, as a matter of principle as well. They need to make this right!

    Dave
     
  19. DrStranglove

    DrStranglove FChat Assassin
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    I am truly amazed by all this. Seriously, they would have avoided the bigger 'fine' had they handled the problem in days or at most a few weeks as opposed to half a year.

    Is their any other business owner or corprate managent that would not have been all over this problem had it happened on your watch???


    DrS
     
  20. fanatic1

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    Dr. S,

    Were there ever any criminal charges brought against the actual 18 year olds that drove the car........Criminal Vandalsim, Auto Theft, anything
     
  21. DrStranglove

    DrStranglove FChat Assassin
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    I believe it was felonious larceny grand larceny criminal mischief and a few others. I would have to look at the report to be sure.



    DrS
     
  22. Dom

    Dom F1 Veteran
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    Good Luck Dr. S.

    Anytime you want to post more photos of Brandee, I'll be here.

    Dom
     
  23. HUTCH91TR

    HUTCH91TR F1 Rookie

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    Doc - have you resorted to physical violence??

    A la caddyshack - Rodney Dangerfield 'Hey Moose, Rocco go help the judge find his checkbook...".

    Hope it turns out well for you!! And please post some more pics of Brandy!!! Thanks!!!
     
  24. dream cars

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    Dr.S, Im sure you or your attorney has someone to document diminished value if not pm me and Ill give you the info of a person I use who is 1 of like 16 people certifed to determin dv of car and he does exotics. he also travels to where you need him to be. anyway let me know
     
  25. Meeyatch1

    Meeyatch1 Formula 3

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    WOW!! So let me get this straight...we you just looking out the window and saw your Ferrari getting ramped by the two jerks, or did you know it was gone and see it while waiting for its return??

    I wonder who the heck was parking cars while those idiots were driving your car??

    One last question (if you do not mind)...what exactly did you say when the car pulled up (I am guessing you were waiting for it)?? I would be damn near beating those dip$hits to death!! ARGH!!

    (*Those valets must have been retarded to not think they would get busted for wrecking a FERRARI at work!!)
     
  26. Schatten

    Schatten F1 World Champ
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  27. vref

    vref Karting

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    Beautiful picture of the girls in red!

    It should be a slam dunk. You have Loss of Value, Loss of Use, which you can prove. You have depositions from witnesses saying "yea thats what I saw", You have criminal charges against the 18 year old. And you have a club, who employees the 18 year old to valet cars for them. Game over.

    If there was a sign at the valet station saying "valet at your own risk" I would be concerned. What was written on the valet ticket, anything? Most hotels in Vegas have a "not our responsibility" disclaimer on the valet ticket.
     
  28. DrStranglove

    DrStranglove FChat Assassin
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    They do have that on the ticket, but trail law is pretty clear that they are liable for the damage as the employees taking the car was not under the scope of my giving thme use of the car.

    It is called Bailment (sp?).


    DrS
     

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