Thread: GTM issues
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Old 09-26-2012, 10:36 PM   #56 (permalink)
SAM@GTM
NOT AN ACTIVE SPONSOR. DO NOT BUY
 
Join Date: Dec 2008
Location: CALIFORNIA
Posts: 913
Drives: 370Z
Rep Power: 17
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Quote:
Originally Posted by spawn350 View Post
Sam,

I am not going to go on and on for pages with you. I do apologize for getting the date of receipt wrong for my car, and should have checked. You are correct that the car was delivered in early April and not early March. I also went back and forth on what kit I wanted BEFORE I shipped my car to you. You contacted me in the beginning of April to ask me what my "wish list" for the car was and didn't contact me again until the end of May when you sent me a $30,000 invoice (attached). However, please explain these questions:

1. Why would I send you a car in April to sit there before you even sent me an invoice for labor or the additional cost of the kit (that you didn't disclose till May 23rd) ? The answer is: I was led to believe that the installation was free and the car was being worked on and the kit was ready by the time the car was there.

2. Why did you tell me the car would be done on June 7th (see attached PDF)? This is in line with you telling me the car would be done at the end of April when it was first shipped out.

3. If you are in the right, why did you refund $5,000 to me? Surely you could have found another person willing to jump on this.

4. In what state is it legal to waive sales tax? Can you show proof that you paid sales tax on this order?

5. Why would I have wanted a twin supercharger if other options provided more power for less cost and risk?

6. If you didn't express cash-flow issues why did you ask me if you could process my initial refund of $5000 several days in the future of the agreement for refund that we made?

7. Why am I at the mercy of your uninstall to get a refund now? You have the car and the parts correct? Can I drive the car?

8. Why wasn't the car ready on Sept. 7th with either the twin SC or twin turbo per the terms YOU agreed to? The reason I didn't have plans to be there was because I had intel that the car was not close to being ready.

9. Do you know what the daily loss-of-use rate is in CA?

10. Do you know what extortion really is?

11. Since June 7th, what contacts have you made with me to update me?

12. How could you have done any work to the car by June 7th when the kit wasn't ready until months later?

13. Why was my quote so much higher than the price you quoted on FB?

I have had work done on cars and custom bikes built before - sometimes taking over a year. I know that projects often run late. However, I have never been outright lied to, ripped off, jerked around, and neglected in this manner. This whole situation could have been smooth and enjoyable with clear communication, honesty, and correctly set expectations. Now it is a complete mess.

All - I am not trying to "extort" money or anything else from Sam. I had loss of use of my daily driver due to deception, miscommunication, and project mismanagement. The daily loss-of-use rate in CA is $50 per day. I requested $6,000 which was less than what I am entitled to. I have been paying for the car, as well as insuring it while it was there. I was in a rental car for 2 months while I waited for this car to be done based on the timeline that was set forth by Sam. I cancelled the project because the terms of our agreement had been breeched and a complete lack of faith that it would ever get done and/or work well. I have had a slew of PMs coming my way as well as chance encounters telling me of their terrible experiences with GTM.
What is extortion you ask? How about this answer from the California Penal Code:

Quote:
518. Extortion is the obtaining of property from another, with his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force or fear, or under color of
official right.



519. Fear, such as will constitute extortion, may be induced by a
threat, either:
1. To do an unlawful injury to the person or property of the
individual threatened or of a third person; or,
2. To accuse the individual threatened, or any relative of his, or
member of his family, of any crime; or,
3. To expose, or to impute to him or them any deformity, disgrace
or crime; or,
4. To expose any secret affecting him or them.



520. Every person who extorts any money or other property from
another, under circumstances not amounting to robbery or carjacking,
by means of force, or any threat, such as is mentioned in Section
519, shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170 for two, three or four years.


523. Every person who, with intent to extort any money or other
property from another, sends or delivers to any person any letter or
other writing, whether subscribed or not, expressing or implying, or
adapted to imply, any threat such as is specified in Section 519, is
punishable in the same manner as if such money or property were
actually obtained by means of such threat.
Pretty cut and dry if you ask me...that's exactly what you did, and yes, it is a crime. So, you said that if we don't give you $6k, you would charge us with criminal wrongdoing. That my friend is extortion. According to the California Penal Code, you broke the law and once we get confirmation from our attorney, we reserve the right to press charges. Bear in mind that we have more evidence to further incriminate you, but we'll leave that for court.
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