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  1. #1
    Keep Singlespeeding Evil
    Reputation: phatlizard's Avatar
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    [Might be OT] Need help with a US dealer.

    Hi there,

    I try to keep the facts short.

    We ordered a hard to find bike (hard to find in Germany) and parts from a US dealer
    Down payment was 1000 US$
    Order and payment in June 2005
    Didn't hear from them for two month
    In August they promised to deliver "in the next two weeks"
    I asked again in September ... no answer
    In November - still nothing to see - we cancelled the order via email and asked to refund the money
    The dealer instead charged another 1000 US$ - which we pulled back via Visa
    I wrote two more emails afterwards to get the first downpayment back - no reaction what so ever ...

    So now before I get me a US lawyer or a Rottweiler I was wondering what the legal side of this whole dilemma is. What are my options? Anything I can threaten these guys with? Maybe someone could write me a short text that I can put in an email!?
    I would know what to do over here but I am not sure if they could sue me if I am too rude ...

    Thank you!

    phaty

  2. #2
    mtbr member
    Reputation: MellowCat's Avatar
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    Phaty:

    How did you pay for the down payment?


    MC


    Quote Originally Posted by phatlizard
    Hi there,

    I try to keep the facts short.

    We ordered a hard to find bike (hard to find in Germany) and parts from a US dealer
    Down payment was 1000 US$
    Order and payment in June 2005
    Didn't hear from them for two month
    In August they promised to deliver "in the next two weeks"
    I asked again in September ... no answer
    In November - still nothing to see - we cancelled the order via email and asked to refund the money
    The dealer instead charged another 1000 US$ - which we pulled back via Visa
    I wrote two more emails afterwards to get the first downpayment back - no reaction what so ever ...

    So now before I get me a US lawyer or a Rottweiler I was wondering what the legal side of this whole dilemma is. What are my options? Anything I can threaten these guys with? Maybe someone could write me a short text that I can put in an email!?
    I would know what to do over here but I am not sure if they could sue me if I am too rude ...

    Thank you!

    phaty

  3. #3
    Keep Singlespeeding Evil
    Reputation: phatlizard's Avatar
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    With a Visa that had to be destroyed after we pulled the money of the second payment back. Not sure how it would be in the US but if you have an international payment that you want back you have to call that a "misuse of credit card" something like that - and then the card is not valid anymore.

    We already tried everything via the Bank/Visa to get the first payment back but that is almost impossible because of the long time that passed by

  4. #4
    Keep Singlespeeding Evil
    Reputation: phatlizard's Avatar
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    Okay 72 people read this and only one person even considering helping me to find a solution ... ??? Is that question too hard? Should I have called this thread "29ers - why do they suck so hard?" to get more attention ... ?

  5. #5
    Reviewer/Tester
    Reputation: Rainman's Avatar
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    New question here. Dealer ?

    Who is the US Dealer?

    If you havn't received the goods and want your money back, then you may have to take legal action to recover it.

    However, if you let everyone know who the dealer is, then that could hurt them badly if they get a reputation for non-delivery. Word spreads very quickly on the 'net, and a bad reputation is the hardest thing in the world to shake off once you are labelled as a scammer, especially for bikes.


    R.
    It is inevitable ...

  6. #6
    mtbr member
    Reputation: Atomik Carbon's Avatar
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    Contact the manufacturer.

    Contact the manufacturer of the frame and complain. Maybe they can exert some pressure and in the very least, they can pull the distributorship. I can bet they will be pretty upset since the money was suppose to go to them. You may also try and find out what other lines they carry and send out a mass mailing to the people they buy from and state that they are dishonest.

    Last resort....try and find out the name of the owner and send out about 100 mail out subscription notices, check the "bill me later" box. Don't forget to send it to Penthouse, Hustler and some Gay magazines.

    Later Mon.

    BASTARD, I hate theives!!!!!!!!

  7. #7
    SS Chimp
    Reputation: 32x18's Avatar
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    Please tell me it....

    was not Beyond Bikes?!?!?!? I am with Rainman on this one, the bad rep is hard to shake. If it was Beyond Bikes then it is too late as they already have a bad rep.
    all single...all the time

  8. #8
    mtbr member
    Reputation: MellowCat's Avatar
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    we call it...

    "disputing a charge" here in the states. I'm not sure of the time limit on the transaction, I would think something under a year is fine though.

    Who is the dealer? Have you called and asked them for your money back? Lots of these bike shops are not good with email. Send a fedex with a letter stating your intentions of taking legal action. The fedex will at least prove this dealer is still around, and give you proof that your letter got delivered to him/her. You will need a registered letter of somesort proving you asked for your money back if you end up in court.

    Next time, don't wait so long! A grand is alot of dough to trust someone with.

    What City/state is the dealer in, maybe someone on the board could make a suprise visit on your behalf....

    MC



    Quote Originally Posted by phatlizard
    With a Visa that had to be destroyed after we pulled the money of the second payment back. Not sure how it would be in the US but if you have an international payment that you want back you have to call that a "misuse of credit card" something like that - and then the card is not valid anymore.

    We already tried everything via the Bank/Visa to get the first payment back but that is almost impossible because of the long time that passed by

  9. #9
    Recovering couch patato
    Reputation: Cloxxki's Avatar
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    Nothing like a dozen of muddy and sweaty mtbikers showing up to a semi-local LBS and inquiring about a $1000 deposit made, while in total holding $20.000 worth of bling from the shop floor...

    I would also suggest to call them up in your suptle friendly German voice. Any abuse of press connections is allowed in case of a bike-related rip-off job.

    Good luck!!!


    J

  10. #10
    Misfit Psycles
    Reputation: nogearshere's Avatar
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    Get all your documentation together.

    Contact Visa and the dealer. email and telephone as required. Request a representative or contact at Visa to assist you and copy them on all contact.

    Unless the dealer can demonstrate that they have provided a product, service or otherwise for the initial transaction this is fraud. Visa is very good in this department. Should Visa tell you that this is beyond there time limitations remind them that the 'fraud' did not begin until you requested a refund and the second transaction was attempted...until that point the transaction was a 'deposit'.

    Including the manufacturer will allow them to evaluate the representatives that they use and they (I would anyway) will likely put some pressure on. They may also be willing to assist (after the resolution) in getting you the bike you wanted...
    Expert of the Internet.
    BECAUSE I SAID SO

  11. #11
    mtbr member
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    Just out of curiousity....

    .. has this been resolved yet?

    If not, make it known to the rest of us so we can avoid this seller/dealer.
    The grass is always greener where the dogs are shitting ~Soundgarden~

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