Got a letter from the guys attorney today. He is counter sueing for loss of use and damages inflicted to his car while in my possession, in the amount of $7500.-. What a piece of ****. Karl
what a ***** head. do not panic...you have the truth on your side. you will need to build your case however. you may cite that your suit was waged only after repeated attempts to collect and that his case has subsequently come as a retaliatory measure. it will be clear to the judge. if you need any help, as a boxer owner of 7 years, i would be happy to write a statement of the ownership expenses associated with these cars. get additional reference letters from both old and new clients to act as documentation of the quality of the work and management. you will be fine!
WOW!! Lots of quotes but they all seem to point to the fact that this guy is a total ***** and has a ***** attorney who must have missed that day in Law School when they went over the UCC. The UCC states that the burden of proof is on the individual to prove that you knew that the check said "paid in full"....basically don't make any reference to the fact that the words are even on the check (don't cross them out or even make reference to them). If you cross the words out it proves the case of the check writer that you knew that the check said Paid In Full and you cashed it anyhow. http://www.snopes.com/business/bank/paidfull.asp Now with all that said, I still think that you made the right decision in not cashing the check. Don't want to take any chance that you will get some goofy judge that missed the UCC day of Law School too. I like the idea of posting to Carfax but this is really only going to hurt him when he goes to sell the car. How about spreading the word to those others in the area that offer the same or similar services that you do and tell them that this guy is a deadbeat and doesn't pay his debts. In his comments to you and by your comments about the way that the car is running it looks like he is going to need some pretty extensive service work pretty quickly. Let him try to make these arrangements once the word gets around that he has a habit of stiffing those that do service work for him..how many BB's can there be in the neighborhood.
Karl, if you still need a letter, I will be happy to write how happy I am with your service. Sorry I haven't done it yet, but going through this divorce is really hard.
Ouch, so it is happening, huh? Sorry to hear that and good luck. Thanks to all for the encouraging words. Karl
Yup. Not by my choice or doing, though. A lot more developments that I didn't know about since we last spoke...
All of a sudden my problem with this jerk doesn't seem so important anymore. I know you have my #. Call me if you'd like. 478 5262 Karl
I sit in an office and essentially look at tissue from surgery (surgical pathology). Today's fun was a 51 yo man with a perfed appendix that turned out to be from undiagnosed aggressive cancer. Karl, this dude is a jerk, no doubt, and I have trouble understanding how anyone could go through life acting this way. But I can tell you that life is way to short and precious to let it bother you at all. AIM definitely pulling for you to put him in his place. But no matter... he's the jerk, you are not, and that is that.
Thanks guys. Looking at what others go through in life, looking at businesses that are going under due to the economy, Gil with marital problems, etc., I consider myself extremely lucky. The last few weeks at ER&R have been unbelievable. We cannot catch our breath. My brother and I can barely keep up as the shop and parking lot are overflowing. I am really wondering how far I should take it with this guy. I work to hard for what I have to blow it fighting this jerk in court. Especially if we end up with a judge that has a grudge against repairshops. He obviously would rather spend the money on an attorney than me and can afford it. I'd love to take him down as I am a man of principle but I also thin k he does not deserve the time of day as he is trying to see how far he can push me. As I have said before. In over 18 yrs. in business this is the first time I have gone through something like this and will only be the second time in court. I am proud of that. Karl
You should keep up the pressure. Or you will hate yourself when the next guy posts on here about being taken.
I couldn't stop reading this thread. It sounds so familiar. You sound like a nice guy to me. You do good work, your honest and trusting. You are in a high end business and most of your clients are easy to deal with. You are interacting with wealthy, high profile clients, so you think they should be reasonable because they are smart and wealthy, maybe famous. Right? No, wrong. I own a luxury home building business. I run into these characters all the time. The are high conflict wealthy clients. They think they are above everyone else. They are nice and reasonable when they getting their way, and out of nowhere they become instant ***holes over nothing. First, you have to understand, don't take it personally. They do this to everyone. Yes, they screw everyone! Two, you have to baby these morons. Everyone else did (that's how they got this way) so you do too. I know it sounds crazy. Third, You have to deal directly with them yourself. Not your assistant. You have to tell them you feel sorry for them and you understand.(I know its the opposite of what you think you should do!). Personally, I would take the check and cash it. Consider this a lesson. My last tip, you have to learn to spot these guys better. Do not give high conflict clients their car unless they pay for it. Period! Finally get everything in writing. Sorry, welcome to the new world of business. Greg
Karl, Don't take the easy way out. Don't let it go, this is clearly a win for you in court, and it won't be as bad as you think. Just one day, and you're done, I have seen enough in courts to know that your case has "win" written all over it. Don't drop it. You will regret it later on if you didn't do the right thing.
Karl has been in business long enough to understand the potential for problems...that's why he doesn't have any. He treats everyone the same - fairly. Not all his clients are high profile, just enthusiasts with a passion. That's why we go to Karl...because he's like us -- with the exception that he can actually fix and REALLY drive these things You could be a movie star or a lowly government employee ( ), and you get treated the same: with respect, kindness, honesty and fairness. This is only Karl's 2nd problem in 18 years...great record, but still sucks when it happens. This guy he's dealing with is neither an enthusiast nor a gentleman...he said the right things coming in, Karl treated him like he does all his clients, and then the guy turned on him...couldn't see that coming. It's this kind of guy that has the potential to turn a business against clients...treat them all like they are going to stiff you, so stiff them first. BUT, not Karl. I assure you he will continue to treat everyone like he always has. He just won't do business with this guy anymore...and you know what, he doesn't need to. He has enough loyal customers that will keep coming back. There is nobody else here with the expertise and skill that Karl has. So this idiot will have to go to another shop, who will charge more, do less, and eventually the guy will have no choice but to drive a long way to find a decent Ferrari mechanic...because I can assure you Karl will not be burned twice by the same guy...unbelievable...all the extra work Karl did and this guy is countersuing. Why? Because he thinks he can. He clearly has money and would rather pay an attorney than pay the original bill.
I'm almost afraid to admit this, but in 1986, the one time legal action was ever begun against me and when confronted by the same kind of guy, in the same kind of case, who "countersued" for "loss of use" after I spent the better part of a year rebuilding his engine (extraordinarily successfully I might add, it's still running!) after he left the drain plug out, I took my lawyer's advice and "settled." For me, it wasn't worth the pain, the risk that the judge had gotten screwed by his local dealer a few too many times and the fact that my lawyer might not have been as good an actor as the one on the other side... Karl, whatever you decide to do, don't ever think this POS could ever even remotely impugn your professional reputation. I didn't, and he didn't. Just balance all that is going on and take your best path forward. The scumbag will disappear as quickly as he appeared. Do make sure his CarFax report is "accurate," though!
This is why this is the only forum that I am really active on and also the reason I started this thread. You guys are awesome. What a quality group of individuals. If I was still a hothead like I may have been in my younger years I would take this fight to the end. Just as I depend on getting paid for the job I have done I can't afford to give the money to a lawyer only to prove a point. I did turn 43 today ( may be it's time to grow up, lol) My attorney basically told me what Peter said. You never know how far this guy is willing to go and can you see it through. At the end is it worth the aggravation, expense, etc. If I had nothing to do may be but that is not the case right now. Thanks again for all the kindness and support from all of you. Karl PS Peter, I did a job for A.Q. Jr. friday
Karl, If you do "settle" dont sign any confidentiality crap, and post this ass' name either here or in the owners forum. We all will need to know who he is so we can avoid him.
What a great family. A true "Southern Gentleman" and his kids can DRIVE! I think Scott may be one of the most talented amateurs I've ever seen. Take care!