Zap Leather & Cycle

Initial Business Response /* (1000, 8, 2015/11/09) */
Zap Leather and Cycle has rightfully earned a highly positive reputation. We are widely known for our personable retail staff, our knowledgeable and quality mechanics, and our tremendously wide-ranged motorcycle expertise. I, Charles P. [redacted]...

(Chuck), wish to defend every claim brought against me and my company in the "Consumer's Original Complaint":
My legal contract is with [redacted] and [redacted] (husband and wife). When I speak of [redacted] and [redacted], I will sometimes refer to them by their commonly used names of [redacted] and [redacted], and for the sake of brevity, I will sometimes refer to them simply as [redacted]. I will most always be referring to the both of them.
When I mention the motorcycle brand name Excelsior Henderson and model name Super X, I will abbreviate the name to EH. I purchased fifteen of these motorcycles in late 2007/early 2008, and sold them all between then and late 2010. Some conversations may have me saying I sold eighteen EHs, which is referring to the three I got back during the early stages of the Great Recession, when customers couldn't make their payments. I am not calling these 'repossessions', because the buyers surrendered the bikes and I voluntarily canceled their contracts. I have never actually repossessed a bike by legal means.
Evidence Files A through H, are described below. Because they contain signatures, they will be sent to Revdex.com as photos, one page/photo in each email, so as to not overload the Revdex.com internet server.
Evidence File A, pages 1-2 is the original quote and pre-finance agreement given to [redacted] and [redacted] before we actually started the financing. The first page lists the price of the bike purchase with extras, along with the interest rate and required payments. The second page consists of an amortization schedule which states the interest rate being charged, how such interest will be accrued, and how much of each monthly payment will be divided between the principal and the interest being paid.
Evidence File B, pages 1-9 is the original finance agreement contract between [redacted] and [redacted] and Chuck [redacted], each page initialed by [redacted] and the last page signed by [redacted]. Attached to this contract and attached to [redacted]'s contract is an amortization schedule which states the monthly payment due along with the interest rate being charged, and how such interest will be accrued.
Evidence File C, pages 1-9 is the original finance agreement contract between [redacted] and [redacted] and Chuck [redacted], each page initialed by [redacted] and the last page signed by [redacted]. Attached to this contract and attached to [redacted]'s contract is an amortization schedule which states the monthly payment due along with the interest rate being charged, and how such interest will be accrued.
Evidence File D, pages 1-10 is the second finance agreement, or first re-financed contract, is is titled "Re-Financed". Each page is initialed by both [redacted] and [redacted], and the last page is signed by both [redacted] and [redacted].
Evidence File E, pages 1-10 is the third finance agreement, or second re-financed contract, is is titled "Second Re-Financed". Each page is initialed by both [redacted] and [redacted], and the last page is signed by both [redacted] and [redacted].
Evidence File F is a temporary ADDENDUM to "SECOND RE-FINANACING DATED 6-16-09". The addendum is dated 2-25-13. Because of [redacted] and [redacted]'s financial situation, what was to be a temporary addendum is still in effect.
Evidence File G is is a file of every work order, in order by date. Our shop policy is to make a 'customer's copy' of all work orders, but [redacted] and [redacted] rarely took their copies, probably because they never paid for work orders at the time of bike pick-up. The cost of the work always got added to their financing. Besides that, [redacted] and I always got along well, and he trusted me. Over time, that has changed, thus the necessity of this defense.
Evidence File H is photo of affidavit from my shop foreman Jared [redacted].
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Evidence File J, pages 1-12 is [redacted] and [redacted]'s Payment Record from start to current date, and this file shall be sent to Revdex.com via email.
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Evidence item 1 is photo of EH #312 title
Evidence item 2 is photo of EH #312
Evidence item 3 is photo of EH #1228 title
Evidence item 4a and 4b are photos of EH #1228 when I sold it to [redacted]
Evidence item 5 is photo of EH #1228 after 'chopper' modifications.
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"[redacted]: "To Whom it concerns,
I am contacting you in regards to a number of reasons regarding my bikes.
First, I have been getting ripped off by ZAP Leather and Cycle since I have bought bikes from Chuck back in 2009.
The interest rate never stays the same. The rate goes any where from $239.70 to $57.84. this should not be exceptable, the rate should remain the same."
If you look at the Payment Record (Evidence File J, pages 1-12) you will notice that the interest to which he refers is the amount of interest in dollars that has accrued since the previous transaction. The interest rate is and always has been 18%, with interest accruing daily. I have fielded this question from [redacted] several times, and I have always explained the concept of interest to the best of my ability. On several occasions, [redacted] would comment, "isn't my bike paid off by now?". (She's referring to the 1995 Honda purchaced on the first finance agreement.) On each occasion, I would explain how every purchase gets added to the finance agreement and the total amount financed is being paid down with every payment. I explained that I was to remain the leinholder on every titled bike until the financing has been paid in full. [redacted] always understood this.
"Secondly, when I bring my bike into Chuck to get it fixed. He adds additional parts on. I never gave him permission to add these parts to my bike. Then he turns around and bills me for the parts that I was not okay with being added. "
See Evidence File G, which consists of photos of every work order. As is shop policy, work is done as ordered by customer, and parts to do the requested job are installed or repaired as necessary. Any extra work that we deem necessary for the safety of the bike and rider is recommended to customer, and the extra work is only continued after consent is received.
"Chuck charged me $499.00 to put the ECM Unit (Computer Unit) (also called ECU, Engine Control Unit, also called ECM, Engine Control Module) in my bike. He then figured out that this was not the problem and still wants me to pay for this. Before he even looked at the bike I told him to only fix it if that was the problem. "
I never told [redacted] or [redacted] that the ECU was not the problem. I told him there were more problems that just the ECU. Please refer to Evidence File G, work order dated 5-4-15.
There is much to be discussed about this work order. Much of [redacted]'s EH problems were his own doing, both because of his recent (winter 2013/2014) 'chopper' modifications, as well as his neglecting his worn-out motor mounts.
In late April 2015, [redacted] stopped by the store during a ride with his friends, and asked if I could fix his inoperative headlight. Being a Sunday, I had no mechanics on duty, but I had an apprentice hanging around, familiarizing himself with the shop, and he tried in vain to fix [redacted]'s light. The light was not repairable, and I charged [redacted] nothing to look it. [redacted] was upset we couldn't fix his light, and later implied through [redacted] that my apprentice had sabotaged the headlight.
Before I begin explaining the work order dated 5-4-15, or the fore-mentioned ECU issue, it is important Revdex.com understands the following information:
Evidence item 4a and Evidence item 4b and Evidence item 5 are photos of [redacted]'s current (second) EH, #1228. Evidence item 4a and Evidence item 4b shows what EH #1228 looked like when I sold it, before [redacted]'s 'chopper' modifications. Evidence item 5 shows EH #1228 after his 'chopper' modifications.
[redacted] told me the 'chopper' modifications were done by his friend Ken [redacted], who is a painter who owns and operates '[redacted]' in Eden Valley, MN, phone [redacted] or [redacted]. I can speak with certainty that [redacted] has no expertise concerning the technical complexities of the EH, and I sincerely believe that Ken [redacted] has very little EH expertise as well. I say this because, as part of this 'chopper' modification, the stock exhaust was removed and replaced with a shorter, hand-made, open-ended version. This is important because the open exhaust will have a grave effect on the fueling ordered by the ECU (Engine Control Unit), which is the engine's computer. The motorcycle's fueling is controlled and monitored by its computer. The computer determines how much fuel to deliver to the computer based on a wide variety of sensors monitored throughout the vehicle. These include the temperature control sensor, air density sensor, voltage sensor, engine speed sensor and other sensors monitored by the ECU. Any changes in the signals to the ECU, can affect how the engine runs.
The new exhaust does not have the required cross-over pipe, which connects the two header pipes, allowing a single oxygen sensor to work properly. It is our shop's contention, and that of Atlantic EH, that the omission of a cross-over pipe connecting the two header pipes prompts the single oxygen sensor to send the wrong signals to the ECU. See Evidence item 5 photo that shows no cross-over pipe. [redacted] insists his stock pipes did not have that cross-over pipe, but my photos of his stock bike proves otherwise. See close-up photo Evidence item 4b. [redacted] also insists the cross-over pipe is not necessary, but V-twins without a cross-over connecting their two headers always have a second oxygen sensor in the other header pipe. As another example, the 2008 Harley Davidson XL1200 has both a cross-over pipe and oxygen sensors in both header pipes. Maybe [redacted]'s modified EH would benefit from a second oxygen sensor in lieu of a cross-over pipe, but adding a second oxygen sensor to the front header and wiring the second oxygen sensor into the ECU system is not something that has been previously attempted on the EH.
At any rate, after [redacted] finished his 'chopper' modification, the bike did not run well for him, and sometimes it would 'rev' wildly at idle. [redacted] didn't know how to fix the new problem. I call it a new problem, because this over-rev never happened in the three seasons I personally rode this bike; 2008, 2009, and until September 2010. [redacted] now argues that it always had the over-rev problem. My shop foreman Jared [redacted] rode the bike during the three years I rode it, and he has signed an affidavit confirming his experience that the bike always ran well before I sold it to [redacted].
[redacted] tolerated the over-rev throughout the summer of 2014. We experienced it ourselves when we test-rode the EH after performing the work order dated 6-9-14, but [redacted] didn't want us to try to fix it. This year, [redacted] admitted to me that [redacted] brought the bike to [redacted] Machine and Motorcycle, [redacted], Litchfield, MN 55355, (320) [redacted]. I don't know what EH expertise [redacted] may have, but [redacted] said [redacted] hooked up a diagnostic machine to the ECU, and was not able to fix the problem.
It was then that [redacted] brought the bike to our shop. Which brings us back to discussing the work order dated 5-4-15.
The first thing we found was the headlight fuse had burned up. Next, we found pinched wires at the left and right handlebar controls, possibly done when the high-rise handlebars were installed during the 'chopper' modifications. And the headlight was shorted out, not sabotaged by my apprentice after all.
After repairing the bad wiring and replacing the fuse, we found no electrical power to the starter button. We discovered a defective 'tilt sensor', which would make the system believe the bike was less than vertical, and deny power to the electrical system. Knowing [redacted]'s financial situation, I directed my technician to solder a wire to by-pass the sensor, saving [redacted] some expense of buying a new sensor. This restored the power, but no power was coming from the ECU to the fuel pump. We tested all relays, but all relays were good. We cleaned the ECU connections to no avail. Our diagnostic reading said "link error'. We concluded that the ECU was defective, and sent it to Atlantic EH, who indeed, found the ECU to be defective. This bike is sixteen years old, and it is common for an Engine Control Unit to get old. They do fail, do become damaged from engine vibration, do become damaged by coming in contact with excessive electrical current. I'm not accusing [redacted] of damaging the ECU, and I don't know what he did to test the ECU. Nevertheless, Engine Control Units can indeed be damaged by electricity being administered to the incorrect connections.
We replaced the ECU with the only ECU available today, which is designed and sold by Atlantic EH, who are the most reputable EH service center in the United States. Their phone number is [redacted]. Their ECU is re-programed to provide better fueling than the original ECU. The gas tank was leaking, so we installed a new gas tank rubber gasket and steel mount. The bike started and ran well.
During our first test-ride, we discovered an oil leak at the oil filter, the rear brake was poor, and the front brake switch wasn't working. I directed my mechanic to clean the rear brake, as it's a safety issue. I also directed my mechanic to clean the front brake switch, as it's a safety issue as well, and this maintenance restored brake-light function. [redacted] had installed a cheap, incorrect, ill-fitting oil filter, which was leaking. We removed the oil bung from the filter and installed a correct oil filter at no charge.
But the engine still occasionally over-revved at idle. We again removed the gas tank, throttle cables, and air filter. We cleaned the air filter element, cleaned the air filter plate and throttle body. [redacted] had installed a tall set of handlebars, which stretched the stock throttle cables to their absolute limit, leading us to believe they might be causing the engine to over-rev. I directed my technician to replace them with a new set of cables that were the proper length to fit the taller bars. We replaced a worn-out brass plug on the back of the air filter plate, and replaced a worn-out rubber plug on the throttle-body. We installed cosmetic chrome covering on the throttle cables at no charge. I gave [redacted] a discount on bike transport, as we picked up his bike at his house. I gave [redacted]'s son a pair of used motor mounts to get [redacted] through until he could replace them with new. I charged wholesale price for the custom-made, longer throttle cables. I allowed a $445 discount on the labor on this work order. With the over-rev continuing to be an issue, we conferred with Atlantic EH. Both shops have concluded the exhaust needs a cross-over pipe. Which brings us back to the argument with [redacted].
"Chuck did the same thing last year but it was the drive belt. A $400.00 job ends up costing me $900.00 to get fixed. "
See Evidence File G, work order dated 6-9-14. I never give quotes as to what a work order will cost, nor did [redacted] ask me for an estimate, so I don't know where he got the idea that this job should have been a $400 job. The labor takes three hours, the drive belt was $225.93, and unfortunately, the $425.89 drive rear pulley was worn out, as well. I explained to [redacted] that I couldn't/wouldn't install a new belt on a worn pulley, because the worn pulley would ruin a new belt in a heartbeat. No reputable shop would do anything differently or cheaper. Please call Atlantic EH at [redacted]. They will quote you 3 hours for changing a pulley and belt. They will also verify that [redacted]'s ECU was bad, because they're the ones who tested it. As an aside, they promised to send me an email verifying the ECU story, but apparently they've been too busy to do so. I'm disappointed with them, but I'm sure the Revdex.com is aware of how much time we all spend at work every day. They're familiar with the Revdex.com Claim against my shop, so please call them at [redacted] and Marty or Jamie will tell you the ECU was bad.
"Thirdly, Chuck never includes receipts for any of the parts or work done to the bikes.
As a paying customer, I should be receiving a receipt for all the parts and work done on my bikes. How do I know he really replaced these parts he's charging me for?"
Naturally, our shop policy is to have a copy of the completed work order for the customer, but [redacted] rarely take his 'customer copy' of the work order. I used to offer it to him, but he rarely takes it. These days, I don't ask, but it is on file. [redacted] doesn't like being told what to do, and in past years, he actually refused to sign work orders, several times signing with an "X". We always had a good working relationship, so I stopped requesting that he sign the work order. [redacted] doesn't have a trailer, so many times, we picked up his bike from his residence while he was working, so those work orders would not have been signed.
"Fourthly Chuck never gives me the old parts back. Being a mechanic, they should offer you your old parts back. I have asked Chuck for all the old parts he takes off my bikes and he always comes up with some excuse not to give them to me. "
His old parts have always been there for the taking, but he's never taken them. He never asks for them, nor have I ever given him an excuse for not having them. Of course, they are usually of little value, as they are generally worn-out parts. But his old original throttle cables are usable, and are still in a box with his name on it. They're here for him when he asks for them.
"I have a friend that used to work at Excelsior Henderson back in 1999. When bikes were in production, he was quality control. He told me that two semi trailers full of rejected motorcycle parts, Chuck bought these parts and put them on bikes. Chuck had about six of the Excelsior Henderson bikes that he put together and sold. You can not put rejected parts on anything then sell it. "
I don't know who started associating my name with this story, and there is a similar story out there, but I never did anything of the sort. I have never carried much of an inventory of EH parts. My best sources for parts has been Atlantic EH in Elkton, Virginia, the most reputable EH service center in the US, and John [redacted] at Minnesota Super X in Le Sueur, Minnesota. John [redacted] bought 39 trailer-loads of OEM factory parts from Swift Choppers in Arizona. These parts were not defective, and were the parts that remained in the EH factory at the time of the bankruptcy. They were purchased by Swift Choppers as part of a purchase of the 'rolling road' dynamometer system and remaining assembly-line machinery and assembly-line system. John [redacted] worked for Swift Choppers for a summer, setting up these systems, teaching the use of the rolling road dyno, and subsequently purchased this EH inventory. He filled 39 trailers to transport these parts back to Minnesota. Similar story, but I had nothing to do with it.
In the fall of 2007, and during the winter of 2007/2008, I borrowed money from Central Minnesota Federal Credit Union, and I purchased fifteen EHs, most of them from John [redacted], who at the time called his shop John's Repair. John and I came to an agreement, a partnership of sorts, that I would purchase a number of EHs from him if he agrees to two stipulations. First, he must change the name of his business to Minnesota Super X. Second, he must negotiate a price at which he would upgrade all my EHs, whether I purchased them from him or elsewhere. He and I came to an agreement, I went ahead with my plans, and he upgraded all fifteen of my bikes. I sold all of them, including the three I got back, by the end of 2010.
"Chuck said that he had put all needed upgrades in these bikes. If he really did this, the bikes would be running fine; which it does not run fine. "
Both EHs ran great when [redacted] bought each of them. If he hadn't been impressed with them, he would not have bought them. Minnesota Super X in Le Sueur, MN did indeed perform upgrades on all the bikes I sold. The Excelsior Henderson Motorcycle Company designed and built a very good first effort motorcycle, but all start-up motorcycle companies have their 'growing pains'. For instance, the first year Victory models were all recalled for upgrades in the fall of 1998. Even today, various new models from the most prestigious motorcycle manufacturers are recalled for some minor glitch or another. Problems were starting to show up on the used EHs that were being sold in 2007/2008, but of course, there was no manufacturer left to perform a recall.
In a valiant effort to prevent these problems from arising, twenty-three upgrades were developed and performed by Minnesota Super X, and are listed below:
1. Even though the engine is rubber-mounted, the air cleaner and intake system
transmits vibration through its brackets, and as a result, the heads become cracked.
The solution was to design and fabricate an extremely strong intake system from
billet aluminum.
(2) They installed a washable, reusable, high-flow, high-performance K & N Air Filter.
(3) They re-mapped the Electronic Fuel Injection to match the increased horsepower-curve.
(4) The gearbox is lubricated by a constant flow of cooled oil. The original brass
"metering jet" proved defective, and the gearbox internals became damaged by lack
of lubrication and excessive heat. They fabricated a new stainless steel metering jet,
which seemed to eliminate the problem.
(5) They redesigned and improved the gearbox bushings.
(6) They redesigned and improved the shifter detent spring.
7. Stoplight-to-stoplight city-riding caused over-heating, so they installed an oil cooler on every one of the upgraded bikes.
8. Rear wheel bearings would eventually spin in the aluminum hub. Their solution was to fabricate a steel race for the left rear wheel bearing.
9. They fabricated a newly designed, double-wide race for the updated twin wheel
bearings on the drive-side of the hub.
9. Serious electrical problems became prevalent, with entire wiring harnesses burning up. John [redacted] discovered an inferior-designed system of electrical grounding, so his shop replaced the inferior grounding straps, and repositioned any positive connections that were prone to cause electrical-shorts.
(11) The starter solenoid was upgraded.
(12) The front belt-drive pulley was re-designed to prevent the belt from wandering.
(13) The primary chaincase, containing the clutch and alternator, is cooled by oil-flow,
and the oil return pipe was repositioned.
(14) They overhauled the oil pump.
(15) They improved the fuel pump.
(16) They improved the battery box.
(17) They improved the front brake light switch.
(18) They installed vibration-proof L.E.D. taillight bulbs.
(19) They re-calibrated the torque specification of the steering head.
(20) They re-calibrated the E.C.U. (Engine Control Unit).
(21) They upgraded the clutch slave seals.
(22) They changed the spark plug specification.
(23) They altered the drive belt adjustment specification.
I was impressed with John [redacted]' knowledge and his upgraded bikes were showing a good history, so I had total confidence in his upgrades. I sold every EH with confidence that the upgrades helped make these used motorcycles much more reliable than an non-upgraded EH. Of course, these bikes were then eight years old, and I made it clear to all my buyers that I could give no warranty whatsoever.
"I noticed none of these bikes had a number on hte bop (sic, he means 'the top') of the Springer front end like the factory bikes did."
The first 1,000 bikes were supposed to have a numbered brass tag on the top triple tree. My EH #343, #592, #606, and #778 had numbered brass tags. But #599, #1151, #1637, and #1718 had a non-numbered brass tag stamped "[redacted]". ([redacted] was the surname of the EH company's founders). #327, as well as [redacted]'s second EH, #1228, had no brass tag.
"The bike I have now does not have a salvage title card. The first bike I bought from Chuck did have a salvage title."
I sold [redacted] his first EH on 7-20-09. It's vin read DPSMN070604, it had engine #312, had 11,131 miles, and it did not have a salvage title. It had been 're-constucted' by the factory after the bankruptcy. It was purchased from EH founder [redacted] by John [redacted] (now of Minnesota Super X) in Le Sueur, MN. It did not have a brass tag because its frame was a pre-production prototype frame, and this frame was not expected to be used with an assembled, running bike. But after the bankruptcy, the factory was assembling bikes from whatever parts they had on hand. The frame did not have a 17-digit vin, as is now required by Federal law, so John [redacted] had the bike inspected by MnDOT, who assigned it a vin. With the MnDOT paperwork, a 'Reconstructed Title' was issued (see Evidence item 1), and the title was bonded for three years. This bike ran well, but was cosmetically challenged, and as such was my most affordable bike; one that fit into [redacted]'s budget.
EH #312 is pictured as Evidence item 2.
"I had to trade the first bike in because it had wiring issues."
It's a mute point, but it's not like #312 had on-going 'wiring issues'. On 7-16-10, a year after the purchase of #312, at 16,662 miles, we replaced the ignition switch, which became inoperative because of engine vibration, a common problem with all big twins like EHs and Harleys. Another year later, on 9-25-10, at 20,260 miles, we repaired a wire that had rubbed on the frame and shorted out.
"Newer bike was $2000.00 more."
[redacted] decided to trade EH #312 for my best and at this time my most expensive EH (#1228). This was a rare Deadwood model. It was one of only two known silver Deadwoods, and one of only 200 total Deadwoods. This title is pictured in Evidence item 3. As you can see in the payment record (Evidence File J, page 4), [redacted] traded #312 for #1228, for $2,750 after trade-in of #312.
"Everytime I go into Chuck's shop there are 1 or 2 of these same bikes in his garage, broken down."
There was a month this summer where we did indeed have four EHs in our shop at one time, but I'm not sure what point [redacted] is making. We are one of less than twenty shops in Minnesota who excel in EH expertise. EH founder [redacted] attempted to entice me to allow him to name our shop an official EH Service Center. I turned him down, but it helps to make my point. It stands to reason that you'll find an EH or two in our shop, as most shops are not experienced enough with EH to attempt to work on them. As a matter of fact, I have an EH in the shop at this very moment. It doesn't mean I sold [redacted] a bad motorcycle, it means ours is a successful, desirable shop.
"Lastly, Chuck is still charging me for the two dirt bikes that he repoed.
Since he came and got these two dirt bikes, I should not have to continue paying on them."
[redacted] is referring to two Kawasaki KDX dirt bikes. I have not repossessed any of [redacted]'s bikes. The first KDX was vin [redacted], and was purchased on 6-16-09, and is listed on the second finance agreement (first re-financed), Evidence File D, page 1. Two months later, this bike was nearly destroyed by abuse, having been run out of anti-freeze. See Evidence File G, Work Order 8-30-10. My technicians spent six hours on this work order, and even though I sold this KDX with no warranty, I did not charge [redacted] one dime, as a favor to him for his past business.
This damaged first KDX, vin [redacted], was traded for the second KDX, vin [redacted] on 9-16-10. I allowed $500 trade-in for the damaged KDX towards the $1,000 KDX vin [redacted]. See Payment Record Evidence File J, page 4. [redacted]'s sons were riding the second KDX vin [redacted] the day my wife and I attended [redacted] and [redacted]'s wedding anniversary celebration. I don't know what happened to that bike, but I certainly didn't repossess it.
"I fear my only resolution is to give the bikes back to Chuck "
This is an interesting statement. [redacted] appears to think his only solution to his financial dilemma is to return the bikes. Do [redacted] and [redacted] think returning the bikes will absolve them of their debt to us?
"I feel like I am being ripped off and I refuse to give him any more money as I have already paid him over $16,000.000 in the past 6 years."
The third finance agreement (second re-financed contract) titled "Second Re-Financed", Evidence File E, article 16 on page10 states that [redacted] and [redacted]'s payment is to be $300 per month. Throughout 2010, [redacted] and [redacted] had a difficult time making their payments on time, but were staying current enough to allow [redacted] make the EH trade. In early 2013, I negotiated a temporary ADDENDUM that allowed them to make $250 payments. I made it clear that this was to be a temporary reduction in responsibility to help them get through some rough times. I made it clear that nearly 3/4 of his $250 monthly payments would be going towards interest, and the other 1/4 would be paying off the principal. I shared with them a story about an experience I had in the mid-80s. I had paid over $40,000 in four years of house mortgage payments, and I only gained $2,000 on the principal. I made it clear that at $250 per month, it would take them nearly 8 years to pay off this debt, which at the time was $12,583. As of now, they have refused to pay their last two months payments and as of Oct 30, they owe $15,689.
The point is that it is immaterial how much money they have paid on their financing in the past 6 years. They keep buying merchandise and keep doing maintenance on their bikes. When you look through the work orders, you will see countless discounts and reductions of labor charges I've given them to help them out. I've bent over backwards to help them meet their responsibilities.
Perhaps you can explain to them that by refusing to make their payments, they stand to lose both bikes and still be responsible to pay the financing in its entirety. See third finance agreement, or second re-financed contract, titled "Second Re-Financed", Evidence File E, article 10, DEFAULT.
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Many people complain about the cost of vehicle maintenance. Sometimes it can be costly. But like all business today, the motorcycle repair business is very competitive. Competent shops must employ talented technicians and we must charge competitive rates or risk a lack of customers. Our current shop rate is $89 per hour, and with repeat customers such as [redacted], we commonly reduce how much we charge for labor. We do this to show our thanks for loyalty, of course. And sometimes, as in [redacted]'s case, we do this because of empathy for the customer's financial situation. In return, we hope for appreciation and continued loyalty. But [redacted] and [redacted] do not seem to appreciate what we've done for them. We've heard from other customers that they are spreading the word that our shop is 'ripping them off', and [redacted] told me to my face that she will never have our shop work on her bike again. Because I sold [redacted] the EH, and because I had the upgrades performed on the EH, apparently he thinks his EH should go trouble-free forever.
It appears we can no longer satisfy them. I don't want to be the type of shop who repossesses customer's bikes, but they still owe us more than $15,000.
Thank you Revdex.com for helping me protect our good reputation.
Sincerely,
Charles P. [redacted], Owner
Zap Leather and Cycle
[redacted] (Hwy. 23 West)
[redacted]
Paynesville, MN 56362
[redacted]
Initial Consumer Rebuttal /* (2000, 12, 2015/11/19) */
Customer indicated he/she accepted the business response.