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04-01-2003, 10:24 PM
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#21
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Good luck, David. Do you have a friend who is a lawyer and could just call the manager up and say he was your lawyer and was checking out your complaint before anything was filed? This would put the fear of God in the guy and might do more good (and be more satisfying) than you calling the manager yourself. ;)
Again, good luck and I hope your father's health improves.
Nancy
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04-02-2003, 02:12 PM
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#22
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Similar happened to us - from a guy in Ohio. He had his mother call us to tell us he had sold it a couple hours before we would have left to pick it up. It's true, we weren't out any money, but it wasn't very nice or honest. We ended up buying a new one - and I'm glad we did.
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04-02-2003, 06:50 PM
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#23
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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I got into a heated bidding war over a 79 Boler a few weeks ago. The dealer could have made 1700 over the asking price but declined because it had already been sold. Sold as in a deposit was placed on the trailer and he accepted it. Now there's integrity. Pat's Campers should be ashamed of themselves...
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04-02-2003, 07:05 PM
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#24
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Hi Eric
I have been following this thread with interest.I see a few folks have expressed there displeasure with Pats Sales.I think this is good.Now you report about about a good Dealer who stood by his principals.I think He should be Congradulated on his good principals and not forgotten about.Life is a two way street.
Its easy to complain and I think harder to say something good about some one.
Thanks for the feed back.:wave
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04-05-2003, 06:29 AM
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#25
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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I think this is the same trailer that I had posted awhile back for sale. They claimed it was a 13 ft and I said it was a 16 ft. They were asking $2999 at that time. I'm unable to help right now do to the war and being there, but you should have up to a year to follow through with the court. Upon my return I will help as much as possible. As you can see I live in Dayton. I had posted picture, but it appears that this was deleted because of the time frame.
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04-05-2003, 06:55 AM
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#26
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Hi Steve
As a Ex Canadian Armed forces Guy My thoughts and prayers are with all of you.:wave
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04-25-2003, 08:20 AM
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#27
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Pat's Side
First off, the salesmen that was resposible for the deal was fired and is no longer employed at Pat's Camper Sales. The deposit was to be made on a credit card that was good for the full sale price. The customer was told that the card must be good up to the sale amount. The salesmen took the deposit on a card that was not able to hold the entire amount at that time.
jesse
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04-25-2003, 08:35 AM
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#28
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Jesse ... thanks for posting Pat's Camper's side.
But I have a question for you ... are you saying that if I buy a US$40,000 5th wheel ... or a $165,000 HR Bus ... and put the deposit on my credit card ... Pat's Camper Sales requires that my credit card limit be high enough to cover the entire purchase price?
That can't be true!
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04-25-2003, 08:41 AM
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#29
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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I also still think that since a legally binding deposit was made ... despite Pat's policy of having a credit card limit high enough to cover the entire purchase price ... y'all would lose a case in small claims court in a heartbeat.
In a higher court, you would probably be responsible for "making good on the deal" or pay damages in an amount high enough for David to purchase a similar RV.
Firing the salesman doesn't negate Pat's Camper's liability in this issue.
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04-25-2003, 11:55 AM
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#30
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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On new trailer special orders we require the customer to be pre-approved for the trailer. We charge a 15% non-refundable "deposit" on the trailer. I double checked, for the customer on the scamp, he was supposed to be billed the full amount on his credit card. The agreement was not a deposit to hold the trailer. You can imagine how often we would get shafted in a year on trailers if we held them for a small deposit that was refundable. Our policy is generally to not accept any deposits to hold a trailer.
jesse
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04-25-2003, 12:21 PM
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#31
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Sure glad I got my trailer in Winnipeg Canada and not DAYTON OH. He held it for four days with no deposit, and could have sold out from under me, but they didn't he said he would hold it and he did. and I didn't even have to buy it after I got there. That mans word was gold.
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04-25-2003, 12:23 PM
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#32
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Ok -- let's see if I understand this: Jesse, are you saying that the full amount was supposed to be charged to the credit card? And that when the card failed to accept the charge, this voided the entire sale and you proceeded to sell to someone else? That might sound a little better in defense of Pat's Trailers, but sorry, it doesn't hold up to the law. If you have agreed to a transaction, whether in writing or only verbally, and you back out of it, for any reason other than refusal of the other party to make good on their end of the deal, you are liable. Did you contact the gentleman and say, "Sir, your credit card refused the sale?" He would probably have paid you some other way. If you didn't give him that chance, you are simply in material breach of contract, and fully liable under the law (I am saying this after fairly extensive research on the subject. It is spelled out very clearly in the business law code). If you want to check for yourself, go and google on "verbal contract". I understand your perspective and don't dispute the difficult position that deposits can put you in, but the fact is that the law in this case favors the buyer, and you owe him restitution.
By the way, a policy to not accept deposits to hold a trailer is probably a wise one, but there is no other reason to accept a deposit.
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04-25-2003, 12:38 PM
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#33
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Paul
They charged a $500. deposit to his credit card, and it went through. So Jesse is saying he was to be billed the entire amount on his credit card and that it was rejected. So then how does he explain the $500 that was billed.
I also don't consider a $500. deposit on a $1900. trailer to be a small deposit.
I think they're just trying to make themselves look better. Obviously they are not an honest business and everything they are saying is proving that.
Nancy
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04-25-2003, 01:03 PM
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#34
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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"Pat's Camper's" so called explanation is total crap.
I agree with what everyone had said in response to "jesse".
One other thing:
-If the salesman did nothing wrong then why was he fired?
And one other thing:
He says
"On new trailer special orders we require the customer to be pre- approved for the trailer"
-Wasn't this an older used trailer that was on the lot?
And one more other thing:
Hey says
"We charge a 15% non-refundable "deposit" on the trailer."
-Then in the same paragraph he says:
" Our policy is generally to not accept any deposits to hold a trailer."
This guy's story has more holes than my battery acid stained jeans.
(Hey - I'm trying not to be rude here!) :E :E
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04-25-2003, 01:19 PM
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#35
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Jesse, I appreciate you're willingness to hang in, trying to help us understand what happened to one of our fiberglassrv.com members.
Sounds to me like a salesman mistakenly took a $500 deposit from David (which was later credited back to him) when your dealership's policy is full-payment, up front.
But don't you agree that your dealership should have contacted David, and explained the situation, rather than selling the trailer to someone else, without offering him first-right-of-refusal? He made the deposit in the middle of the week and was going to pick up the trailer on the weekend ... so we're talking a matter of days, here.
And, don't you agree that since money changed hands (the deposit), your salesman, acting as your agent, entered into a legally binding contract with David (your dealership policy doesn't transcend the rules of contract law).
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04-25-2003, 03:13 PM
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#36
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Woa, there Rick!
When I was talking about the 15% stuff that WAS for new trailers- I was responding to Charles Watts! -yes the scamp was used and not newly on the lot.
Charles, I appreciate your comments.
I don't think this transaction is very representative of how we do business. I'm not sure if the customer who put the "deposit" down was contacted or not. The customer SHOULD have been contacted according to any kind of common courtisy. What took place was a mis-understanding between between the salseman and the owner of our company that caused the customer and the owner, (who ultimately makes most decisions as owner's do) to not be on the "same page". Perhaps the owner was too eager to sell the Scamp, but in his mind the "deal" had not been made according to his expectations. Thus, when a buyer came in that had cash on the spot- he took it. We have many customers that are very satisfied with our service. We are not a run-by-night business. We do strive to make our customer's happy. I do know for a fact that not every customer can be pleased and that misunderstandings and bad decisions can cause much grief.
I don't know anything about legal contracts etc. I don't know if David was legaly bound to having that trailer...
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04-25-2003, 03:57 PM
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#37
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Jesse
We are beating a dead horse here and as I stated earlier I am not trying to be rude. I'm just playing BAD COP today and telling you what most people on this forum (and others) feel about the situation.
You either take deposits or you do not take deposits. To pollute the conversation with a "new trailer" is misleading in and of itself as to the transaction that occurred. To say that in his mind the owner did not feel the deal had been made is one of the oldest excuses in the book. How many of us run across the same technique when we have bought cars.
Your salesman represents your company and your company should stand behind their staff. That is basic business etiquette.
As we have all understood it, the customer in question said he put a deposit on the rv. Your company having accepted that deposit certainly had a moral and most likely a legal binding obligation. Until such time as the customer reverses his intent to buy, your company should not have sold the rv to another buyer, PERIOD. The parameters of this should be as per agreements and discussions at the time of deposit.
No one is implying that your company operates this way on every transaction. I'm sure you have many satisified customers.
The bottom line here is that this transaction was handled very poorly. The decent thing to do is admit it and make it right, although it's too late for that now isn't it.
I'd bet a six pack that the only REAL reason the trailer was sold to another buyer was that your company was able to obtain a higher selling price.
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04-25-2003, 04:53 PM
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#38
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Thanks again, Jesse.
Hey, can I ask what is your connection to Pat's Campers? Are you a salesman or the sales manager?
The fact you're continuing to communicate with us, tells me alot.
I'm sure you do have many satisfied customers ... but on this particular deal, I agree with Rick ... it was handled poorly.
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04-25-2003, 09:03 PM
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#39
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Here are the details of my transaction with Pat's Camper Sales. I called on 3/26 to purchase the camper. The salesman accepted a $500 deposit on my credit card. He called me back in about 20 minutes stating I needed to pay the full amount on my credit card. That particular credit card limit would not accept the full amount, so I offered another credit card which would. But I was told they didn't take that credit card, so I offered to make the payment on my mother's credit card. He then called back about 2 hours later saying he had put the deposit on the initial credit card and everything was in order. On 3/28 at approx. 1 pm, the salesman called and said that the manager had made a "business decision" and had sold the camper to someone else. I talked to Robin, the manager, on 4/3. He said he told the salesman not to take the deposit to begin with, and that if I didn't have the full amount he was not supposed to take a deposit. The manager offered nothing more than saying he would "help me." I have heard nothing from him since. Our credit card bill should be arriving any day with the evidence of the deposit and then the cancellation of the deposit. Then we will proceed with the BBB paperwork. Although I am unhappy with the results of the transaction and am still following through with my complaint, putting this information on this forum is the best thing I could have done to bring this information to the most people. Pat's Camper Sales will soon realize, if they haven't already, that word of mouth is very powerful. I want to thank everyone for their words of support. I will update you all when I have any information to pass along. Thank you, David Koertge
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04-25-2003, 09:19 PM
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#40
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Senior Member
Trailer: No Trailer Yet
Posts: 18,870
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Hi David
Stand up for your rights,If you don't you will be walked on.I support you 100%.:wave
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