1st Generation Specific (1979-1985) 1979-1985 Discussion including performance modifications and technical support sections

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Old Sep 26, 2004 | 07:03 PM
  #26  
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Originally Posted by Manntis
storing is a service. The storage company is charging money to keep the goods in their possession, and therefore their control. Serena would be a good one to ask about this since she's (a) a brilliant lawyer and (b) from Winnipeg
Is it really in their possession, or just on their property?

Man, I'm sounding like the devil's advocate but all I'd like to clarrify is the liability issue. I see this thing applying to not just a storage place, but public parking and even coat checks...

Serena's help would be appreciated.
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Old Sep 26, 2004 | 07:49 PM
  #27  
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i know in the "adventure tourisim" industry...those liability papers you sign are illegal...and dont hold up in court...its just a thing like "i would sue but i signed that agreement.
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Old Sep 27, 2004 | 04:58 AM
  #28  
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Originally Posted by leif
is she an RX-7 girl...cuz i think i have talked to her before...

now i think my trump card in all of this, asside from the "bailee for reward"(thanks mantis) is the part of british common law called "reasonable person" which comes into play with cases of liability.

reasonable person means that in a case of liability, the person who is being accused of being at fault is only at fault if you can prove that they failed to act in a the way a reasonable person may act.

now where this falls in with me is...a reasonable person would put cameras in to watch the property of their customres...which they did...however where the liability comes in is that there were no cameras watching the part of the compound where my car was stored. had there been a camera we could have seen (a) what the guy looked like (b) what his car looked like...and possibly the licence plate.

now what i find funny is that the guy who did this knew that there was an RX7 there (it was under a car cover) and that there were no cameras looking in that direction.
That's because the person that did it is more than likely a patron of the storage facility.
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Old Sep 27, 2004 | 08:09 AM
  #29  
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I'm not sure it is the patron, but it may be a buddy of his...anyway...i have to spend all day in my lab. but when im done we are going down there and talking to this guy (who is only the manager...the owner is conveniently in london [i will give yall an update after that])

also what i find suspect is that the manager wanted me to get my car out of there ASAP...leading me to beleive that he knows that if i move my car then i can no longer hold him responsible. ah the lovlyness of people

Last edited by leif; Sep 27, 2004 at 08:14 AM.
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Old Sep 27, 2004 | 09:04 AM
  #30  
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Originally Posted by Manntis
I went through this when the Maaco mokeys stole the stereo out of my car while they had it for painting. They lost.
You..let.. Maaco..paint..your car?? My God, I hope it wasn't a 7.

Sounds like you just need to get in this guys face, wave the facts around and if all else fails- threaten to pummel him into bits 'n pieces.

Or you could get Serena's advice, as pointed out earlier (or you could get Serena to verbally pummel him into bits 'n pieces. God hath no fury like female attorney scorned).
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Old Sep 27, 2004 | 09:43 AM
  #31  
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well im not gonna physically pummel him to bits...ill get nothing that way except the moments of satisfaction...untill they cart me off to jail that is.

I hear that if you do all the prep work your self...and all of the masking...maco atcually does a fairly good job of painting your car...its just the prep that they skimp on.
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Old Sep 27, 2004 | 10:11 AM
  #32  
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Originally Posted by leif
well im not gonna physically pummel him to bits...ill get nothing that way except the moments of satisfaction...untill they cart me off to jail that is.

I hear that if you do all the prep work your self...and all of the masking...maco atcually does a fairly good job of painting your car...its just the prep that they skimp on.
Aww- c'mon! A well deserved pummeling is in order!!

BTW- Maaco around here is a total crap shoot, even if you prep the car. My friend owns a body shop and has done several Maaco 'do-overs'.
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Old Sep 27, 2004 | 11:06 AM
  #33  
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I have also heard about macco that they will do the painting agani if you are not 100% satisfied with their work...maybe thats just in canada though
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Old Sep 27, 2004 | 11:11 AM
  #34  
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oh, i totally agree. the manager is involved, hands down !! it's either he did it, or he knows who. and his reasoning for you to remove your car asap ?? or does he just want you park it in another spot ?? is the car the only thing your storing there ?? you need to take pictures, do so with a newspaper in the for-ground for the dates and headlines. that holds up in any court. and manntis got his stereo or $$$$$ from them because for one they were wrong and two he's a large person
who was pissed and wasn't going to take any bullshit. thats how that works.
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Old Sep 27, 2004 | 11:20 AM
  #35  
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I think you should rape, pilage, burn, destroy and terrorize! That's BS. If anyone ever touched my 7s I would beat the living **** out of them. I'm sorry to hear that about your car.
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Old Sep 27, 2004 | 11:48 AM
  #36  
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Originally Posted by Tom
You..let.. Maaco..paint..your car?? My God, I hope it wasn't a 7.
Nope - it was the Audi Coupé that I picked up for $1. I hit a deer with it and insurance wanted to write it off if I went with a half decent paintjob - Maaco was the only option.
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Old Sep 27, 2004 | 11:58 AM
  #37  
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im thinking he wants me to remove the car from his property so that he is no longer responsible...and can claim that the parts were removed after i moved the car...but if mantis is right...and the same law that says if i am behind in my payemnet (im not by the way) he can hold my property...also says that he is responsible for its safe protection of said property...then i have a good case.
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Old Sep 27, 2004 | 01:21 PM
  #38  
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don't you want to know the reason(s) for your lease(storage) to be terminated ?
try to get it in writing if you can, i think legally one has to be served an eviction notice, payments are up to date and you can proove that.. very important..
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Old Sep 27, 2004 | 02:12 PM
  #39  
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Originally Posted by Manntis
Nope - it was the Audi Coupé that I picked up for $1. I hit a deer with it and insurance wanted to write it off if I went with a half decent paintjob - Maaco was the only option.
*Wheeew*. My finger was poised on that reputation thing there for a moment!
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Old Sep 27, 2004 | 02:16 PM
  #40  
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i have all of the cancled cheques from them...which they cashed...so i think that will suffice.
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Old Sep 27, 2004 | 03:35 PM
  #41  
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so what is the reason(s) ????????? did it go down like this.. you went to the storage, discovered you car had been broke into? and stuff was missing. went to the office to ask/report what you discovered, then the on-site manager told you to remove your car right after you told him what had happened ?? does the guy have a some-what reasonable reason ?? see what i'm getting at? but you need to file a report with the cops asap.

i don't know what people are thinking these days. always trying to get over on someone. make a police report today, no reason not too..

Last edited by MarkPerez; Sep 27, 2004 at 03:52 PM.
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Old Sep 27, 2004 | 03:40 PM
  #42  
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If he simply wants you out because you're pursuing him for the value of the goods - that ain't gonna cut it. In fact it makes him look all the more guilty.
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Old Sep 27, 2004 | 03:53 PM
  #43  
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yep,,,, like a big sign with flashing lights.
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Old Sep 27, 2004 | 03:56 PM
  #44  
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Go in there with a cop and a digicam or polaroid and snap photos of the molested car in storage - including where security cameras are located, etc.
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Old Sep 27, 2004 | 04:32 PM
  #45  
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God I hate that feeling...Finding your car destroyed by some fuckwad who doesnt even care about it after all your hard work and money.

~T.J.

EDIT: Did that sound bitter? Im not bitter.

Last edited by RotorMotorDriver; Sep 27, 2004 at 04:38 PM.
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Old Sep 27, 2004 | 05:09 PM
  #46  
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Ask Serena about this but it might be worth following up: You should document any claims they make about the security features of the facility. Look in the phone book yellow pages or on any outside billboards, signs in the office, outside the facility, etc. and document any mention of the cameras. For example, if there is a sign stating "Protected by surveillance cameras," you should take a picture of that sign. They made a false and misleading claim that the facility was secure and under video / camera surviellance. You were not receiving the security services you thought you were paying for, which could be construed as fraud. I do not know Canadian law but you should check into that angle. In the US, they could at a minimum be forced to pay for your vehicle and refund all your storage charges for the time the car was stored in their facility and supposedly under video observation.
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Old Sep 27, 2004 | 05:16 PM
  #47  
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He should have garage owner's insurance, which should cover him for the loss anyhow.
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Old Sep 27, 2004 | 05:59 PM
  #48  
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still i would gather all recipts, and if the lock(s) were destroyed, have them fixxed or replaced before any claims filed. but still limited by only what you can proove.

in prepharing your case you may end up at the storage,,,,, don't say anything if the guy see's you, mind your onw business, collect what you need and bail...

get the guys name and run a records check, if you get bored.. crooks always repeat thier crimes.idiots..
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Old Sep 27, 2004 | 07:34 PM
  #49  
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ok so heres the new deal...

i went in there with a buddy of mine today (he is a profesonal negotiator) and we went thru the same rigamarole...when he demanded i remove my car...I asked for a letter outlining the reason he was disolving our contract...he then got scared and refused to sign anything...so my buddy and i then said that we were going to go inspect the car. at which point he freaks and blurts out "i didnt take anything"

so I say "well i dindt accuse you of taking anything." so we talk more..and my buddy and i decide that we want $125.00 $75.00 for the missing parts...and $50 for sepetembers rent. so hes willing to give us septembers rent...but not the $75.00. I explain with manntis's "bailee for reward" that he has an obligation to keep my stuff safe...and he informs me that bailee for reward does not come into play cuz he operates under the "wharehousemans act"

so we say again that we are going to go inspect the car...and we do...and my original estimate is correct...what i thought was missing on sunday is all thats missing...

so we go back inside and we say "we will take the $50.00 on the condition that you write a letter...and sign it...saying why we disolved the conrtract...and that i was paid up until that point" (i want the letter for credit reasons.) and he refuses...and then retracts his $50.00

so my buddy gets involved and starts negotiating with him...but he wont budge...so we decided that we had reached an impass...

so both I and my buddy think this whoile thing is wierd...and im gonna go down to the cops tommorow to find out what my rights are.

i got serenas phone number...do you thinik she would mind me giving her a quick call?

Last edited by leif; Sep 27, 2004 at 07:37 PM.
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Old Sep 28, 2004 | 06:01 AM
  #50  
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14 A warehouseman shall be liable for loss of or injury to goods caused by his failure to exercise such care and diligence in regard to them as a careful and vigilant owner of similar goods would exercise in the custody of them in similar circumstances. R.S., c. 333, s. 13.

http://www.gov.ns.ca/legislature/leg...es/warerec.htm
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