PETE BRUNING
address
Electric Mobility
One Mobility Plaza
Sewell NJ. 08080
December 24
RE:
grandma
142 Leffert St.
Berlin WI. 54923
Your acct. # 360099
Mr.
1 In February of granny purchased a Rascal 625 scooter which was to be delivered in "three to
four weeks". It was never delivered as of August 6. Since then forms, letters, and phone calls have come
and gone. There was a lot of "he said she said" but the scooter was never delivered. Because Granny still
does not have usable transportation, she has not made any payments. Now, to make matters worse, she has
applied for a loan (mortgage) on on her home and been turned down solely because your company (and your
company only) has a delinquent account listed on Mrs. Emons' credit report.
Your "Customer satisfaction Research Specialist", Sinde Hoffman, in her letter to Granny dated August 6,
2004 agrees that granny did not receive what was ordered as follows: "That very same day you signed a
purchase agreement for a Rascal 625 scooter". Then, "Mr. Martin agreed to exchange the 625 for the scooter that you were demonstrated" then, he shipped the Rascal 600T"
It is worth mentioning here that your Mr. Martin promised to apply for Medicare to assist in paying for the rascal. The original reason for Granny contacting your company was your TV commercial about patients paying little or nothing for a rascal. Yet, Mr. Martin has not attempted a claim with Medicare as of this date.
BOTTOM LINE:
Mrs. Emons needs a three wheel Rascal because of her arthritis and leg bending (heart) problems. Your company substituted a four wheel Rascal then tried to make the difference with "foot pads", then another four wheel
Rascal.
Legal:
A - The repeated delivery of the wrong merchandise shows a definite lack of "meeting of the minds" which alone is grounds for nullifying the contract.
B - Your Sinde Hoffman is under the impression that grannyis attempting to "rescind the contract" and so
quotes the three day cancellation rule therein. This contract is null. Grannydoes not want to cancel anything, she wants to nullify the contract because your company has never delivered the merchandise listed therein and therefore is in default (as 2in "exchange of value.") Your company reported a disputed account to a credit reporting agent as if it were delinquent (as a tool for negotiation) to the end that she has been refused a bank loan. This is bad faith on your part.
C - Your contract with Granny shows she purchased a "Specialty scooter" rather than the "625". Granny
thought she had contracted for the 625. This ambiguity seems to be the reason grannynever received the 625.in court, this ambiguous contract also would be enough reason to void the contract especially if a judge is looking at a crippled, swollen little old lady who can barely speak English, walk, or draw a breath. Ambiguity is always decided against the author.
D - The intended purpose of the Rascal 625 was that grannycould mount and ride it. The delivery of other than the ordered item provided that grannycould NOT mount it and therefore NOT ride it. Therefore she is protected
under the Wisconsin "Warranty of merchantability" law.
E - Any judge seeing these facts would "null the contract and return both parties to their original state". This would cost you more money (and your expected profit) than the following:
Proposed solution:
1- Replace the machine currently in Mrs. Emons home with a 625 and the "high back" as ordered. This will not cost you much because the one currently in her possession has not been used and is in new condition. If there are any complications past that point, you are not liable for defaulting on the contract.
2- Call the bank today and inform them that you are taking the delinquent notice off Mrs. Emons' credit record and they can continue the loan, then follow through. This will end your liability for "Bad Faith" and minimize the damage done to granny by this transaction.
CONCLUSION: Please consider this letter as a "Demand to Pay" within 10 days of your having received it. Until then I remain,
Adamant
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