On my paid receipt it states in bold letters all disputes have to be handled in Oklahoma.
Thanks for any info

I been there for other reasons, but I wouldn't believe everything I read Take the receipt to your local county court house and ask them if you can file there.

Do you have anything in writing on them giving you excuses instead of parts?

Have you tried talking to someone in charge?

Steve

 

I been there for other reasons, but I wouldn't believe everything I read Take the receipt to your local county court house and ask them if you can file there.

Do you have anything in writing on them giving you excuses instead of parts?

Have you tried talking to someone in charge?

Steve

I agree, try to file in your county. They won't want to spend the attorney fees in another state and will probably call you to prorate a partial refund.

 

taking an engine builder to court

Is that legal for them to say it has to be handled in they're state? Why wold they be allowed to sale in a state that couldn't handle a claim?
Why are people aloud to make info on anything thats not true?
To sue for faults advertising, you had to show where they heard you fiscally. I mean HELLO a lie is a lie, especially a bald face 1.
Where are our legislators. Maybe we need to reach down between our legs, grab an ear in each hand and give a hard jerk?
Like today I heard that theres a ceiling ( 21.?) on interest rates. But they are aloud to put add-ons which run it over 30%. I know people shouldn't charge what they can pay, but now days they just say, "whatever" and charge away. We just don't have any accountable for our actions.
Sorry This should be in the lounge, got carried away.

 

My understanding is small claims court has to be seen in the county the company resides in, OR where the business transaction took place. With mail order, I am not sure legally where that exactly is! Is it in your home where you talked to them on the phone, or is it in their country where they talked to you? That is a question I can't answer.

Brian

 

I will try to keep my reply somewhat short. I do have a letter that was sent with half of the engine that was built and shipped. The letter states reasons for the missing parts and that they would be shipped out once his company had received them from vendors. I ordered the engine over the phone at my business in AZ. Per AZ. small claims court I can take the business to court where I placed the the order, which would be AZ. I guess my question is if I take his business to court and he either shows up and loses or doesn't show up at all and the courts place a judgement on his business what is to say he just doesn't pay. This court crap I have never had to deal with and have tried every option with this company to resolve it in the past 1 1/2 years. I will lay out a time frame for you guys, let me know what you think.......remeber in all this I have called about 200times and have emailed 50 times only to get lied to or just more of the run-around. I have heard more reasons why they can't send me my parts then you can imagine. I have had 6 returned calls and 1 returned email from them......so here is the run-around

March 2007 ordered fully polished 302 turnkey motor with all March accessories/ p/s, a/c, alt., pulleys/brackets, reverse water pump (paid half at this time)

July 2007 they went into my account and withdrew my balance due, I had no idea this was going to be done which caused huge issues with the bills and checking account they withdrew from.

Aug. 2007 (one month after they withdrew from my checking account) received motor, (wrong a/c and wrong alt. in box not mounted) none of the rest of the accessory kit was shipped or mounted. The only thing mounted on the front of the motor was the balancer and the WRONG water pump.

Jan 2008 the rest of my kit was shipped to me. THE ENTIRE ACCESSORY KIT WAS THE WRONG KIT INCLUDING THE BRACKETS AND PULLEYS

March 2008 shipped me coil and bracket and flywheel to cover the cost of the turnkey fee(how nice of them)

(FROM JAN 2008 UNTIL RECENTLY THEY TOLD ME TO KEEP THE KIT THEY HAD SENT UNTIL MY CORRECT ONE COMES IN AND THEY WOULD SHIP ME MY CORRECT KIT WITH A PAID RETURN THING FROM FED EX)

April 2008 talked owner direct and he said he now would refund my money if I ship back the entire accessory kit and he would pay for all shipping cost

Aug. 2008 still have no refund or a accessory kit. just a motor with nothing on the front of it. Now all I get when I call is dodged calls by the owner and the guy who answers the phone is just a useless middle man who forks out weak reasons why I can't talk to the owner nor get a refund.

This is what I have delt with for the last year and a half. I'm not one to through out names of businesses who treat customers like this so I hope you guys who need to order a motor can figure out who this Oklahoma builder is. This is not the first time they have done this to customers, a while back they did some sort of bankruptcy deal to get out from underneath some bad deals.

 

I would go ahead and file a complaint with the Better Business Bureau. This would not affect your case and maybe they can get some result before court. Worth a try. Jerry

 

Thanks for the idea!!

 

almost always under a states Attorney General's office, every state has a consumers complaint affairs dept...file a complaint with them, most are easy to do on the net....

because it is interstate commerce, you can also file a complaint with the US attorney generals office....

they will have to respond to the complaint in writing (which you want if it does get to court)

BBB is a fly swatter...
Attorney Generals office is a 10lb sledge hammer business owners worst nightmare....

notify them that you do "plan" to file compliants with all three and if they have any brains at all you will get your parts pronto!

 

July 2007 they went into my account and withdrew my balance due, I had no idea this was going to be done which caused huge issues with the bills and checking account they withdrew from.

.

If my bank had released funds without my permission I would of been very annoyed. I am pretty sure they are not allowed to do that, check with your bank you may be able to get the money returned by the bank and let them go after the engine builder or at least give you some assistance, even if it is just a letter. Banks carry a lot more weight than the individual.

 

That would be great if I could have the bank take care of this for me; however, banks and credit card co. will only handle issues such as this within 90 to 120 days from time of purchase.Since he drug out the shippment of the motor for 5 months he was past the time the bank could go after him. Not to mention the song and dance he gave me on the rest of the parts, which did show up within the 120 from the second charge. Hear we are 1 1/2 yrs. later with him still not sending my correct order, even after I sent him back the wrong parts that were shipped to me. OR a partial refund on the parts that are due.

 

Would I be remiss in asking if this engine builder was Jon Barrett in Oklahoma? If so go to the engine section and look for "Crate engine" by Dave31. He's having the same problem with this outfit, you guy's need to get together....good luck.

 

You got it.....thats the engine builder!!

 

I should also add something about small claims court... you give up certain rights by using small claims court, most notably appeal rights. You can't have a lawyer in small claims, but as a business he could use a lawyer to represent himself - particularly since he is not local, he could find a lawyer in your area. I'd consider consulting a lawyer who could advise you whether small claims is appropriate.

Often you can get some time with a lawyer on a free consultation. The state bar association can refer you to lawyers, also if you work somewhere that you have an employee assistance program they may be able to refer you to a lawyer and cover a 30 minute consultation at no cost to you or something like that.

Your biggest thing to do is keep as much as possible paper trail on your communications.

 

I have produced quite a paper trail in the last 1 1/2yrs......and yes you are correct on small claims court info. Thanks for the info on the lawyer consultation. I do have access to a lawyer that works as our consultant for the business.

 

You can't have a lawyer in small claims, but as a business he could use a lawyer to represent himself - particularly since he is not local, he could find a lawyer in your area. I'd consider consulting a lawyer who could advise you whether small claims is appropriate.

Yes you can. My son was taken to court by a woman that would not pay him what was owed to him. He did some siding work for her then fired him before final pay. She was represented by her lawyer.

 

You can't have a lawyer in small claims, but as a business he could use a lawyer to represent himself - particularly since he is not local, he could find a lawyer in your area. I'd consider consulting a lawyer who could advise you whether small claims is appropriate.

Yes you can. My son was taken to court by a woman that would not pay him what was owed to him. He did some siding work for her then fired him before final pay. She was represented by her lawyer.

 

If it was shipped across state lines, talk with your local mail order fraud task force. It may not be called that, but check with your local police department and I guarantee they will direct you onto someone.

 

taking an engine builder to court

Well here we are 2 months later from the time I opened this thread. I took Jon Barrett Engine Supply to court and never once did Jon Barrett answer any of the court paperwork or show up. So with that being said I now have a judgement for $1534.45, which for now is pretty much worthless other that the court will attach this judgement to his credit. My next step is to sell this judgement to a collection company and let them harass Jon Barrett or try and do wage garnishment. With that though I would need to know what bank he deals with.(if anybody knows that info it would be much appreciated). Hopefully this thread has taught some people some things when dealing with JON BARRETT HOT ROD ENGINES or any other out of state company who might not be on the up and up. With the economy as bad off as it is I would be extremely cautious when purchasing things online or out of state. As soon as I have enough post I will give my personal review of Jon Barrett Engine Supply on the Builder Review Sections of this site. I will also try to figure out how to attach the justice courts web site to take you to the link that shows all the court info on my case.

 

In your OP you stated account, (likely credit card) if it happened to be a checking account, you would have his banking info on a canceled check.
If it was a credit card account, check with your card company, they may be able to give you banking/account info. payment had to be credited to his account.

 

I wish that would all work....you only have 90 to 120 days for a credit card company to dispute the charge(I'm well past that time period). My bank, who is the card I used only show in their system the Company that charged it and that it was approved. No other bank info is available especially since this much time has went by. I called VISA and they only refer me back to my bank, which has the same info as I do on my checking statement.

 

Since you have a judgement now,Can't you turn it in to a collection agency? I think they can remove money from his bank account.

 

Yes, thats what I plan on trying to do. I was told that a collection agency will purchase the judgement for let say like 60 or 70 cents on the dollar. What I don't know is if they pay you up front or when they collect. Also if they will purchase a private party collection since this is not a large corporation or business collection. Here in Az. I would be able to put a lien on his home and it is very easy. I have to find out if it is that easy to do in Oklahoma, if so that my be another option. Meanwhile I need to find out where Jon Barrett does his business or personal banking, then I will have another way to retrieve my money(garnishment).

 

He owes me $10K

Well, he owes me $10K which was my deposit is the form of a cashiers check as requested. Feb 2008 and I have nothing!! He never showed up for court and the time I did reach him he just threatened to file bankruptcy if I filed against him. He has since moved back to McLoud in which he is mayor of this town believe it or not!

 

bad news.....

how about 5 gallons of gas and a match?????????

 

Selling it to a collection agency is probably the best way to go. The $1300 isn't going to change your life. But knowing they went and kicked his ars sounds like the way to spend that money. :mwink:

Brian