Consumer Alert! Boat N RV Warehouse

[bussman]

I have been getting calls from Phil Smoker and we have been playing phone tag. I have also taken my boat to Day Brothers twice to have the lower unit replaced. I tok it in on sunday night as scheduled for mondays work. Monday afternoon I called Day Brothers and they told me they were backed up and were not sure when they can get to it. I asked him if he was goingto get to it this week and he couldn't answer me. I told him if he couldn't do the work then I would like it back until he could. Most of my fishing can be done using the trolling motor anyway. He said he didn't want to keep my boat from me so I went tuesday to pick it up. I fished Wednesday and there is still a noise coming form the lower unit.

Last night I opened a letter and I think the easiers way to do this is to post the letters. So here they are.

[Dr. IceGeek]

I think the letter by Geiger about sums it up...what a bunch of a-holes.  Hopefully he'll be losing a bit of business due to the likes of the people who have read this forum

[devil-man]

Yep- I just read it, George.
It sounds like BS to me!



THAT is satisfactory according to the BBB?

[bussman]

This really upset me. Here is what I have been doing this morning.

6-9-06


0816

Called Eric Geiger and told him I received a letter from the BBB and told him the letter was written on 5-19-06 and asked him why it said the only issue was that I did not let them replace the lower unit because I didn’t want to travel to let them do it. I also asked if he was aware that a report had been made to mercury about the lower unit in Jan and again in Feb. and he told me he had to call me back because He didn’t have the paperwork in front of him. He said he would call back within an hour.


0835

Called BBB spoke to Robert Colmerauer and he told me he can take a rebuttal by mail but they already have a unsatisfactory rating and there isn’t much more they can do.

0838

Spoke to Eric Geiger he called me back I asked him if that was an accurate reply and he said he absolutely offered to replace the lower unit and that he didn’t see the problem. I asked him if he was aware of the reports to Mercury in Jan and Feb. and really wouldn’t answer me. I told him I would have no choice but to pursue this legally and he said fine and hung up on me.

0840

Called Phil Smoker and explained this all to him. I told him I have not heard from Eric in a week or more since he was under the impression that Eric and I have been talking all last week. That was not true! He has been calling Phil Smoker looking for my canvas but I think that is his way of making Phil think he is honestly trying to help me. I still don’t think he cares about making me happy. I think its all about Boat NRV's reputation now! I tried to make Phil understand that working with this guy was not the right way to go. He continues to tell me he understands and he compared this to buying a car. I told him if this was a car I would have been to a different dealer and the manufacturer would be fixing this. He is going to call me back later today. He is looking into a way to resolve this without me working with Eric anymore. Please understand we talked a while and it is very hard for me to capture the entire conversation. In a nutshell I think Mr. Smoker is tired of dealing with this and hopefully he comes up with something to fix it. I told him before we got off the phone that I really just want what I paid for but I was also going to pursue legal action until it is resolved.

0900

Spoke to my attorney and he told me to let him know what I want to do.

[Dr. IceGeek]

You know what the worse part about all this is.....the fact that you are WASTING Your own time trying to resolve this.....I don't know what your time is worth to you, but mine is worth alot to me.  Imagine what you could have done with all the time you have spent on this issue thus far?  In my opinion, Mercury has had ample time and opportunity to make good on this without regards to the dealer.   One new lower unit at wholesale price to keep a customer happy would have gone a long way towards making everything satisfactory....I can honestly say I am not impressed with Merc.   I don't truly believe it's Phil Smoker's responsibility to do anything, but the fact that he has tried to help out speaks alot in my mind.  I understand the position everyone is in, but d**n Bussman....you've really gotten screwed!  I hope you do take legal action because boat n rv deserves to pay

[yoda]

Is there a lemon law in regards to boats?

[devil-man]

Bussman-
I am not one to encourage legal action.
In this case I think it is deserved.
It's either that or take Billybono's approach.
(If you have bail!)

[Buckski]

Bussman, If the dollar is mighty then effect their ability to make it.
I know its more difficult on your end but try this.

1. definitely get a civil case started, they pressure will begin to work, save all documents, emails, and record all conversations with theses people. Notify them that you are recording (legal issue).
2. Go into the store as often as possible and complain as to see the manager and then begin to get loud!!!I know nobody like to be that guy, but if other customers see a upset client, they will think twice about buying and it will effect business.
3. Call your local attorney general offices, not albany, they may have existing files going.
I worked there and they have the least power, only if there are many with the same situation.
4. Call and complain to the better business bureau, not that effective but gets a track record going like the AG's office.
5. Possibly get and ad in the newspaper and let others know and see if all of you can get a settlement you can live with.
6. Pressure Mercury and let them know about the dealership and the product! why will they not honor the warranty? Were you sold a item under false pretenses? or is it product defect?

Bussman you have tried many of these things I suggested and still no fixed boat. The AG's office and BBB can only respond, when several people have the same problem. If they company responds that they have started the process and time is not a issue.
I do not know why your attorney has not started legal action on your behalf.
I hate to say it but they are running you around in circles and are going to continues to move at their speed not yours.
CYA and get the paper work rolling. If their volunteer actions fail then you HAVE to go this route.
Just hate to see any fishermen getting screwed and missing a majority of the season.
They cashed your check and you should have what you paid for!
PS the letter sent by MR. G is total BS, touch up paint, Another circle!

[labtech23]

I cannot believe there are idiots like this still in business. Keep fighting.

[devil-man]

The phone number is right there.
Should we all start calling him?

 

[labtech23]

couple hundred phone calls a day would probably drive them nuts. I don't know how much it would accomplish but it would fun to try.

[bussman]

I am looking for an attorney that will persue this with passion. My attorney is a great guy but I think he may be to nice a guy to handle this one for me. Anyone have a good aggressive attorney that might be able to help me here? If so PM me with the name please. If any of you know of attorneys that heave already dealt with them again please pass on the names in a PM so I can get in touch with them.

Thanks

Bussman

[bussman]

Letter I sent to BBB

June 9, 2006

Robert Colmerauer,

This letter is in rebuttal to Eric Geiger of Boat N RV Warehouses response to my complaint #33004208. He is trivializing this entire issue. He wants to focus on the paint but continues to ignore the issue of mechanical problems reported to Mercury before I purchased the boat and motor. The largest but not only issue here is that they had a problem with this motor that is documented with Mercury yet Eric Geiger continues to try to make this out as me complaining about paint. In his letter dated May 19, 2006 he claims he offered to replace my lower unit no cost to me including travel time. This is a false statement. Actually at the time he wrote that letter he had not offered to repair or replace anything. His warranty man (Danny) claimed my Motor was 100% even after I emailed them pictures of the lower unit showing the paint and confronted them with the fact that there was no record of the resolution to the problems reported to Mercury.


As you recommended, I will pursue this with an attorney if need be and I understand that since Boat NRV has already received an Unsatisfactory rating with the BBB that there is nothing more you can do for me. I would request that you do not record this as resolved because Boat NRV has twisted this issue to make me out to be the unreasonable one.

George Bussiere

BTW The AG office couldn't do anything until the BBB said they were unable to resolve this which they did in the last letter.

[Buckski]

Bureaucracies with good intent but no teeth. Thats the problem with em.
Sorry Buss, but you WILL BE HAPPIER IN THE END WITH A JUDGEMENT FROM A COURT!
Good luck on finding good legal representation, also look for damages incurred from gas, phone calls and everthing you can, DOCUMENTATION IS HUGE!!!!!!

It will come full circle TRUST ME!!!!!

[bussman]

[And this is his reply:

I have added your rebuttal letter to the complaint file and sent a copy of
your letter to the company.  I have also changed the status of the complaint
to unresolved.  If they do respond to your letter a copy of that letter will
be sent to your for your review.  If you go to court please inform us of the
outcome of that procedure.   I am sorry the BBB was unable to help you reach
a resolution to the complaint.



Sincerely;
Robert Colmerauer
Complaint/Inquiry Manager
[email protected]