On August 27, with hurricane Katrina in the Gulf Coast and an uncertainty of exact landfall, I was in the Cycle Shack looking to buy a motorcycle because of higher gas prices. James, the salesperson, indicated a 2005Kawasaki 750 that had a special sale price. After looking around at some other motorcycle in their dealership, I decided on buying that motorcycle. I approached the dealership about wanting to wait until after the hurricane to purchase it. I was told then that the sale was ending that evening and the cost would be considerably higher the next week.
On 27 August, I bought a Black Kawasaki VN750A2, VIN# JKAVNDA155B555246, with windshield, saddlebags and helmet. At the Cycle Shop located at 253 Frontage Road, Picayune MS 39466 from a salesperson named James for the total amount of $8,475.08. The contract indicated I would have my motorcycle August 30.
Hurricane Katrina made landfall in the Louisiana and Mississippi Gulf Coast Region on August 29, and in all fairness the Cycle Shack was without Power and phone service. Of course so was I, and I was unable to get to Picayune from Poplarville due to trees in the roadways.
On September 7, when the roadways were partially cleared, I made a trip to your Cycle Shop in Picayune to check on my motorcycle. At that time I was told by your service department that the motorcycle was not ready due to the hurricane. I was told to come back in a week and you would have it ready. At that time I provided you with phone contact numbers, requesting to be contacted when you had the motorcycle ready. The company I worked for had set up their Incident Command Center in Alexander, Louisiana. On September 20, after having your phone services restored, I left numerous voice messages on your voice mail inquiring about the status of my motorcycle, you never once responded to my calls. On September 20th I made another trip from Alexander, LA to Picayune, Mississippi to pick up my motorcycle.
Once again you told me that the motorcycle was not ready for me to pick up. The excuse this time was that your shop had been busy and had not had the time to get the motorcycle ready. Yet on this visit you had no problem handling the sales and service of Chain Saws and Generators to 10's of people waiting in line to purchase them and higher than normal prices. Due to your inability to deliver the merchandise purchased, and your lack of care if I got it or not, I indicated I was no longer interested in purchasing the motorcycle from your business. The Cycle Shack again lied to me and indicated that if I would only give them a chance and come back in another week they promised to have it ready for me.
Almost two weeks later I returned again from Alexandria, Louisiana to Picayune, Mississippi. These trips were over nine hours long round trip and over 450 miles long.
Again I was faced with the same message, we're sorry Mr. Tokarz, your motorcycle is not ready yet. When I started raising hell about it I was told that if I gave you an hour you would get the motorcycle ready and I could take it. Angrily, I agreed to wait there another hour, and believing that finally I would get my motorcycle, I sent my ride away.
Thirty minutes later the finance manager came out and apologized to me and said that you were unable to get my motorcycle ready. He said that the accessories for it had not come in yet (strange that you could get all those chain saws and generators in but not my motorcycle accessories). I began raising hell about customer service and that I no longer wanted the motorcycle and that I wasn't going to buy it. That was when your Finance Manager, GARY JONES, informed me that I didn't have a choice. The Cycle Shack had already received payment for the motorcycle and it belonged to me now. When I continued to raise questions and hell about it, they called the police and had me thrown off the premises.
When I questioned this I was told that what I had thought I signed (a 0 down, 0% interest, and 24 months to pay) was actually an application for a credit card. Naturally the Cycle Shack was able to get in touch with them so they could receive payment for the motorcycle, but were unable to get parts or contact me.
It has now been over six months since I signed the agreement to purchase the motorcycle which was promised to me on August 30th. The Cycle Shack has been paid by the credit card company. They have made no attempt to deliver the motorcycle to me or even had the common courtesy to call me or write me a letter about the motorcycle.
I have filed a complaint with the Mississippi Consumer Protection Agency, asking that they resolve this problem with the Cycle Shack. They had to write a second letter to the Cycle Shack threatening then if they didn't respond.
Finally I received a letter from the Consumer Protection Agency say that they were unable to resolve this problem.
This sucks, I am being billed by the credit card company for the motorcycle which I have never had. No one seems able to help me in this matter that appears to be a breach of contract on their behalf.
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