- Location
- Decatur, AL
After reading your recollection of events, I am truly in awe of your level of delusion. This was indeed a "deal" that went "sideways" in every since of the word, but throughout the twist and turns I accommodated you in every possible way as best I could.
To start: Before any money changed hands or an "official" agreement was made, I drove the chassis to your residence to allow a thorough inspection of the truck the unit would be mounted on. Days later we met personally together on site at the shop where the "wrecked" truck/unit was going to undergo the remount & repair. This meeting gave you the opportunity to fully inspect the unit that would be mounted. It was that day that you presented a bag containing $35000 in cash as a deposit to initiate the build. I refused to accept the cash deposit- as it is not my custom to carry around that sum of cash, nor make attempt to deposit at my local
bank (understanding the natural suspicions around such a scene). Days later, I received your check deposit in the same amount. I then contracted an aerial lift shop to commence with the build. The aerial shop began work, and presented a timeline of a couple of months. The build had many issues and indeed the shop did not fulfill it's end of the bargain. After continued delays and mounting frustrations, we had several candid telephone conversations about the status- it was during these conversations that a refund of your deposit was discussed.
On multiple occasions when the topic of a deposit refund came up, you repeatedly stated that it would be difficult to find another truck on short notice, and that you "would really rather have the truck" that receive a refund. As I had stated, I would have gladly refunded your deposit (if you had requested it) with the understanding that it would take 4-5 days for me to get the transaction completed and the money back to you.
Every time is was discussed, you stated you'd rather have the truck than the refund.
After continued delays at the shop, you personally drove up to review the progress and were not satisfied with the level or completion or workmanship. In a telephone conversation you stated "if I just had the truck at my shop, I believe I could finish it up myself", and " I don't think they're ever going to get this thing finished. We have to get it out of there!". We then discussed a refund again, but you decided (due to the 4-5 days it would take for me to get it to you) against it, and we laid plans to meet at the shop and remove the unfinished truck/unit. Prior to meeting there, I spoke with the shop owner and we agreed to the shop's invoice amount
that would release it into your possession. Upon meeting at the shop, you had the opportunity to inspect every element of the truck and unit before accepting it, taking it into your possession, and driving it to your shop. I agreed to allow you to take it "open ended" with the understanding we would get together in a few weeks to discuss the final balance owed- in light of the additional work and repair it would require. You then presented me with, again, a sack full of cash in the amount of the shop's invoice. I advised you to pay them directly so as to establish you as there customer and provide you a receipt of the work performed. You paid the shop in cash, and took the truck into your possession.
Several weeks later you called me and requested that we establish a final amount owed to me on the truck, so that (in you words) "we didn't drag this out any longer that necessary. You asked if I would honor an amount I presented when you took possession of the truck, and I agreed to that amount. This then became (at your request and approval) the amount representing the "final balance" due on the truck.
Several weeks later, I asked when I could expect receipt of that payment, and you explained "I'm not paying that!" "It was unfair, and didn't reflect the amount of work you had put into the unit". I asked what you felt appropriate, and you stated "$4000". And yes, after that conversation, I threatened repossession of the truck
after your attempt to not pay an amount you previously established as "fair". In a subsequent call, I stated "I don't feel comfortable proceeding with a repossession, and if you'd meet me at the mutually compromised point of $5000, we could settle this honorably and be done with it".
You stated "You know, I feel that is reasonable and fair. And I believe you see this from my perspective", "Let me see if I can get my retainer back and run some numbers, and I'll call or contact you tomorrow"
I never heard another word from you. That was mid August. You disapered until my post. It was obviously necessary to "bring you back to life".
To start: Before any money changed hands or an "official" agreement was made, I drove the chassis to your residence to allow a thorough inspection of the truck the unit would be mounted on. Days later we met personally together on site at the shop where the "wrecked" truck/unit was going to undergo the remount & repair. This meeting gave you the opportunity to fully inspect the unit that would be mounted. It was that day that you presented a bag containing $35000 in cash as a deposit to initiate the build. I refused to accept the cash deposit- as it is not my custom to carry around that sum of cash, nor make attempt to deposit at my local
bank (understanding the natural suspicions around such a scene). Days later, I received your check deposit in the same amount. I then contracted an aerial lift shop to commence with the build. The aerial shop began work, and presented a timeline of a couple of months. The build had many issues and indeed the shop did not fulfill it's end of the bargain. After continued delays and mounting frustrations, we had several candid telephone conversations about the status- it was during these conversations that a refund of your deposit was discussed.
On multiple occasions when the topic of a deposit refund came up, you repeatedly stated that it would be difficult to find another truck on short notice, and that you "would really rather have the truck" that receive a refund. As I had stated, I would have gladly refunded your deposit (if you had requested it) with the understanding that it would take 4-5 days for me to get the transaction completed and the money back to you.
Every time is was discussed, you stated you'd rather have the truck than the refund.
After continued delays at the shop, you personally drove up to review the progress and were not satisfied with the level or completion or workmanship. In a telephone conversation you stated "if I just had the truck at my shop, I believe I could finish it up myself", and " I don't think they're ever going to get this thing finished. We have to get it out of there!". We then discussed a refund again, but you decided (due to the 4-5 days it would take for me to get it to you) against it, and we laid plans to meet at the shop and remove the unfinished truck/unit. Prior to meeting there, I spoke with the shop owner and we agreed to the shop's invoice amount
that would release it into your possession. Upon meeting at the shop, you had the opportunity to inspect every element of the truck and unit before accepting it, taking it into your possession, and driving it to your shop. I agreed to allow you to take it "open ended" with the understanding we would get together in a few weeks to discuss the final balance owed- in light of the additional work and repair it would require. You then presented me with, again, a sack full of cash in the amount of the shop's invoice. I advised you to pay them directly so as to establish you as there customer and provide you a receipt of the work performed. You paid the shop in cash, and took the truck into your possession.
Several weeks later you called me and requested that we establish a final amount owed to me on the truck, so that (in you words) "we didn't drag this out any longer that necessary. You asked if I would honor an amount I presented when you took possession of the truck, and I agreed to that amount. This then became (at your request and approval) the amount representing the "final balance" due on the truck.
Several weeks later, I asked when I could expect receipt of that payment, and you explained "I'm not paying that!" "It was unfair, and didn't reflect the amount of work you had put into the unit". I asked what you felt appropriate, and you stated "$4000". And yes, after that conversation, I threatened repossession of the truck
after your attempt to not pay an amount you previously established as "fair". In a subsequent call, I stated "I don't feel comfortable proceeding with a repossession, and if you'd meet me at the mutually compromised point of $5000, we could settle this honorably and be done with it".
You stated "You know, I feel that is reasonable and fair. And I believe you see this from my perspective", "Let me see if I can get my retainer back and run some numbers, and I'll call or contact you tomorrow"
I never heard another word from you. That was mid August. You disapered until my post. It was obviously necessary to "bring you back to life".
