I went to Bob's Cycle and Supply to buy a 1998 Honda CBR 900RR. After talking to the owner who he stated that I could pay at my leisure with no time limit attached.
My wife went in the following day to place deposit and sign the receipt stating the terms of the sale. The terms were to make payments at my leisure with no time limit on the receipt and after 3 months a storage fee would begin at $3 a day.
Upon the passing of a family member I had a rough financial period. During that period my payments ceased and my wife would periodically contact them to let them know the situation. After 3 months of non payment the business placed the bike for sale (they admitted in their email below).
Now since they placed it for sale and succeded in selling the bike I would be released from my responsibily of the $3 storage fee. They have refused to reinburse me my money. Here is our correspondence.
Original Message
From: Me to them
Sent: Sep 23 10:16 AM
To: [email protected]
Subject: Motorcycle refund
I recently sent an email to your store requesting a refund for the money I place as a deposit on a motorcycle. There is no doubt that you are familiar with it. Since I received no response in an effort to
reconcile this problem I assume you are not going to conduct proper business.
Upon the sending of this email I will be filing a small
claims court concerning this matter. I will now be seeking the full amount I put down and all court costs. I have all my documents and receipts stating no time limit on the purchase. As I stated earlier - the first receipt states the terms of the sale and there is NO time limit - since you sold the bike you violated our contract.
My contact information is below, if you decide to upstanding - but my hopes are not high.
&the response—
On Sep 24, at 11:30 AM, [email protected] wrote:
Perhaps you didn't read the bottom of the original receipt, it plainly sets forth that there are no refunds after 30 days and this is also posted on the wall near the cash register. Each time you made a payment, you had 30 days to ask for a refund, however when you stopped
making any payments and 30 days passed, you no longer could obtain a refund. THIS IS BECAUSE IT STILL COSTS US MONEY TO HOLD A BIKE FOR ANYONE AND WE LOSE OTHERS INTERESTED IN BUYING THAT PARTICULAR BIKE.
Moreover, the bike was not put up for sale again until almost 3 months after you stopped paying on it. Our daily storage rate is $13 per day on all bikes stored including repaired and waiting for purchase, per
insurance company requests.
&their impertinent blabber&
Maybe you don't seem to understand. First the bike only sold last month, not before, so the time it spent here still applied to you. Second, I never said you lose your money, just no refund after 30 days, you can still have that not applied to storage charges and that is in store credit only. Third, if you or your uncle is a lawyer or law student, he should be aware of Arizona Revised Statutes governing this type of transaction.
We are not out to get you or any other customer, however we are not a loan company or escrow company that has those statues governing those type of transactions. You had a responsibility to do witin 30 days after you stopped paying on the bike, calls were made to your phone and messages left, but no communication whatsoever was made tell us you no longer wanted the bike until the first email you sent us. You didn't call or come in or even send us a letter explaining yourself, so where does the fault in all this lay? Think about it.
&my final retort before small claims&
From: Me to them
Sent: Sep 24 11:41 AM
To: [email protected]
Subject: Re: Motorcycle refund
The original receipt does not state $13 dollars a day but $3 dollars a day. My uncle is a lawyer and he was the first person I consulted about this. His remarks were that the contract was null and void once the
bike was sold and that includes the no refund policy.
As a pre-law major myself I see this through the statutes of the black and white written law. Since the bike was sold at no loss to the business he stated I had a right to my deposit and suggested that I offer the $3 a day fee for 5 months to be fair for the inconvenience, and if this was denied to go ahead and file a complaint with the Attorney General and file at small claims. Even if i was paying $3 for a year that is only $1095.
I have the original documents stating 3 dollars a day and no time limit to pay off the bike which is the defining factor in my belief that I should not take a full loss on this. It is obvious the motorcycle sold and you made your profit or broke even, again once the
bike was sold our contract was over.
Furthermore the document states the $3 was only applicable after 3 months, this receipt is our contract and any terms in your store or otherwise written do not apply - only the terms stated on the contract. I appreciate the communication but when all is said and done I refuse to take a full loss.
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