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Kirkham Motorsports

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  #181 (permalink)  
Old 12-12-2004, 01:44 PM
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Pat,
You work for a manufacturer. I work for a dealer. I am sure what you and I think will soon be dismissed by those that work for neither, and they will tell us HOW it ought to be done based on their f.e.e.l.i.n.g.s...

Recently I ordered a car for a friend. If I used his deposit to pay for my new asphalt, service-drive and had no money to pay General Motors for the balance on the Suburban, and my friend's health changed for the worse I doubt it that General Motors would indemnify me as a bad and less than truthful dealer, and give my friend a new Suburban.

Everyone is busy telling how business should be conducted, but haven't got a clue why.

What if Shelby doesn't deliver ANY cars, and all your deposits were handed over to your local dealer. Who are you going after, dealer or Shelby?

Who did you give your deposit to?
Probably you could demand the payment back from the dealers, and THEN maybe all the dealers can go after the Manufacturer.

I don't understand why the manufacturer don't have a responsibility to their dealers. It is THEM who got wronged in the deal as well. They are the ones looising their profits and catching hell daily. What about them?

Most have good relationships with their dealer and want to skip over that step. They want to go after the manufacturer direct.
Why?
Easier target.That's why.

TURK
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Last edited by Turk; 01-04-2005 at 10:02 PM..
  #182 (permalink)  
Old 12-12-2004, 01:49 PM
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Well, in MY business...we just sue everybody.

Let you two folks cross claim against each other. Muy funo.

Sort it out at trial.
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  #183 (permalink)  
Old 12-12-2004, 01:51 PM
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Dwayne told me that as of a month ago Roy had not paid Shelby the final 24-K or so for the roller. What did he do with the $140,000??? What dirt does Roy Hunt have on them SAI, that they let him continually get away with all this?
  #184 (permalink)  
Old 12-12-2004, 02:01 PM
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Jamo,

Don't joke, I heard that it was your deposit that Turk used for his home improvements

Bill S.



Quote:
Originally posted by Jamo


Well, in MY business...we just sue everybody.

Let you two folks cross claim against each other. Muy funo.

Sort it out at trial.
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  #185 (permalink)  
Old 12-12-2004, 02:01 PM
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A manufacturer can't simply terminate a dealers franchise by tapping their toes on the ground three times and saying "Be gone"....State laws heavily favor the dealers - the result of some rather unsavory practices in the past by the manufacturers.

There has to be cause.

Criminal activity IS one of the causes that will sail. First the dealer has to be convicted of a criminal act then the manufacturer can terminate.

In that order.

It has been tried in the reverse order but usually doesn't work out too well.
  #186 (permalink)  
Old 12-12-2004, 02:03 PM
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HOGDEALER,

If that is indeed the most current facts, then Finishline does not even have the signed over MSO for the car, and SAI could reposses the car at any time. Scary to say the least.

Bill S.
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  #187 (permalink)  
Old 12-12-2004, 02:03 PM
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That's ok Bill, I know where his fig tree is.
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  #188 (permalink)  
Old 12-12-2004, 02:10 PM
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HOGDEALER,

I have to ask a question I have yet to see on this thread.

When Dwayne signed tghe contract with Finishline in Nevada, what did it say? Was there a spot for a completion date? Perhaps a schedule of payments and what they were to be for, or applied to? Breach of contract comes to mind if the build was not done in a timely fashion based on the original contractual agreement and it's terms and conditions.

Bill S.
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  #189 (permalink)  
Old 12-12-2004, 02:13 PM
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Danny

Might I suggest that questions like Mustang's NOT be answered online here.

Those are discussions to be held with counsel and within the privilege.
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  #190 (permalink)  
Old 12-12-2004, 02:13 PM
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Quote:
Originally posted by Jamo


That's ok Bill, I know where his fig tree is.
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  #191 (permalink)  
Old 12-12-2004, 02:16 PM
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Didn't think about that one...Thanks for the sound legal advice.........


Quote:
Originally posted by Jamo


Danny

Might I suggest that questions like Mustang's NOT be answered online here.

Those are discussions to be held with counsel and within the privilege.
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  #192 (permalink)  
Old 12-12-2004, 03:45 PM
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Haven't worked for a mfg.,but have worked at motorcycle dealerships for about 20 years. State laws probably vary from state to state,but I have seen at least 3 dealerships that lost their franchise and went belly up for these exact practices. One guy wound up doing a couple years time as well. He had gotten so out of hand, that several customers were riding bikes for a year without getting their state paperwork, he would just give them a new temporary tag when the old one expired. It finally roller over on top of him and went south. I think the factory felt that their fealers were their representatives and didn't want to be associated with those practices.
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  #193 (permalink)  
Old 12-12-2004, 05:45 PM
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Gentlemen,
Unfortunately, this story is 100% true. I am a witness to it. I was with Danny Miller and Dwayne Gregory when they visited Roy Hunt last January and were told he needed more money to finish the car (that was 14 months after he received the order and initial LARGE deposit. I know both Danny and Dwayne, well. If anyone doubts the story, please feel free to contact me. I'm at 305 667-6800. Danny and I race in the Viper Racing League and I have known both Danny and Dwayne for several years. Dwayne is one of the nicest people I have ever met. This is truly a travesty. Being a sophisticated businessman, I've seem my share of cons, but this one tops them all. Dwayne is going to the Mayo Clinic tomorrow (Monday) to see if he is a candidate for chemo that might save his life. Please guys, if this was a Viper issue, those of us with several Vipers would know how to apply pressure to the appropriate people to get it done. Some of you must have the clout to force the completion of his car. He's paid all the money. I just don't understand how Hunt gets away with this and how Shelby sits back and lets it happen.
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  #194 (permalink)  
Old 12-12-2004, 06:12 PM
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Hey Russ

I think at this point this story has officially become part of the lore. Reminds me of the Tom Clancy quote: "The difference between fiction and reality? Fiction has to make sense." (Trevor, you taking notes? )

I also think the collective Club Cobra BS detector would have gone off long ago if this weren't going down in the manner people are describing,

Also sounds like people in a position to do something are actually going to pull something together. Get in touch with some of the people named in the last page or 2 of this thread and you should be good to go

Keep us posted.

-John
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Last edited by LURK; 12-12-2004 at 06:14 PM..
  #195 (permalink)  
Old 12-12-2004, 06:24 PM
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Russ,

I'm sure others will weigh in, but rest easy. There are no longer any serious doubters as to the credibility of the story. Moreover, the phone calls are flying to various principals, probably as we speak.

The Cobra community has been very affected by this story, and, as far as I can tell, virtually every possible angle is being worked.

Dwayne is not the only one with a car on order who is affected. However, he the one most on everyone's mind right now.
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  #196 (permalink)  
Old 12-12-2004, 07:10 PM
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[quote]Originally posted by Jamo


One remedy is not exclusive of the other...first year law, some Perry Mason episodes and a stay at a Holiday Inn would tell you that.



I'm not a lawyer but I did stay at a Holiday Inn Express last night
  #197 (permalink)  
Old 12-12-2004, 08:06 PM
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Russ,
I haven't said much here, but I will say this for the Cobra family, "AND WE ARE FAMILY", those that can are. Those that are unable to do anything but support, hope and if I may say it, pray, are praying.

I firmly believe that all is being done at this point and no one here will let up for one moment. IF it was any other Cobra, ANY other Cobra, his car would have been done the second week after the first post. As it is, I truly believe it will be done and done soon.

I know they wont accept the offer, but if Kirkhams need to transport his finished Cobra to the 'Clinic' allow me to be the first to volunteer to pick it up and help deliver it. Anywhere to anyplace, anytime.

Ed 'DV' Combs
  #198 (permalink)  
Old 12-12-2004, 08:21 PM
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I'm with DV, if any volunteers are needed to finish this car, tell me when and where and I'll be there. I would gladly take off a week of work for such a good cause.
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  #199 (permalink)  
Old 12-12-2004, 10:45 PM
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Quote:
Originally posted by PatBuckley


One thing that would make this really interesting is if Shelby has not been paid for the car by Roy at Finishline...

That would make the car Shelby's still.....and if I were Shelby, I would take possession of the car and would not release it unil I was paid for it.

That's how business works, boys.

Seems to me the beef is between the customer and the dealer - sure the manufacturer SHOULD get involved, but they are not required to.

As I work for a manufacturer, I occasionally see situations where a customer gets a bad deal from a dealer and it is my job to see if I can get the dealer to do the right thing for the customer....if they want to they do, if they don't want to they don't. We can't FORCE them to do squat.

I try to convince them they should.
What Pat says is bascially what I was getting at a few pages earlier. And what he says about the maunfacturer/dealer relationship is very very true. I've been on the end of the dealer screwing before. Ford corporate got involved and tried to get the dealer to do right. They didn't and I got rid of the car the next day. But, hey, at least they tried.

T.
  #200 (permalink)  
Old 12-12-2004, 11:37 PM
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CSX700,

Don't lump everyone that works at Shelby as bad or people who do not care. I saw many people working on Cobra's in Vegas that really cared and had a great deal of experience working on Cobra's. My problem is the people on top who work there who make mistakes at every turn. Special K I am sure you know a few Shelby employees who care about the work they do.
I will say that overall I am happy with the quality of the work. That does not mean that there aren't any defects, because there are a few. In time I hope to get thm corrected.

All,

FINISH-LINE:
The problem as I see it is if Finish line shuts it's doors more than one person is going to be screwed. Think Dwayne is the only customer they have? This is really sad because everytime I went to Shelby does Vegas I spoke with Roy, I liked him and thought he was a stand up guy, went to the business, there were at least 15 or more Cobra's in the shop that they were working on for customers. This is so sad in so many ways.

I have been in communication with Danny Miller, he is a good friend to Dwayne. If Roy does not come through real soon this is going to get real ugly.

I will keep Dwayne in my prayers and ask my family to pray for him. I for one know how hard it is, lost my Mother in Sept and Father inlaw has terminal cancer. Which means they should get the car completed as soon as possible and fight about it later, every day is important.

Morgan
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