Doing my homework

Spent some time today browsing the Consumer Protection Act. Tell you what, it's some good reading. I don't understand all the legalese, but what I'm getting from it is that I definately have a right to my money back.

But I'm going to give the replacement scooter idea a chance to fly. I called today, and the manager ran the new scooter proposal by the owner, who grumbled at it. Seems that the owner blames the manager for dropping the ball, and not calling me back. That's some of it, but seriously. An unreturned phone call is the least of my complaints right now. So there's this internal struggle that isn't helping my case.

The Girl Mechanic is off sick today (in quotation marks, according to the manager - what? Nice, badmouth your staff.), and The Scapegoat's not due in till tomorrow, but apparently The Scapegoat thinks putting the new engine in the PX frame won't be a problem. The manager was anticipating going to pick up my frame today with The Girl Mechanic, but she's not in. So I guess they'll get the frame tomorrow and get started. I hope. He's going to call me tomorrow and let me know. Again, holding my breath.

In the meantime, I've drafted a letter to make sure that if this manager gets his ass canned, I've got something in my hand that says what they're giving me.

Dear blah blah:

This letter is to clarify the terms of agreement between Tabetha Wells and “The Who Cannot Be Named” regarding replacement of a Vespa PK125S, which has had the following mechanical problems since the original date of delivery, July 21, 2004:

1) broken transmission – slips out of gear while driving
2) sticking throttle – does not roll back to low idle, remains at accelerated level unless pulled back manually.
3) rough idle – must throttle when stopped, or scooter will generally stall

Last summer, fall and this spring after repeated enquiries, I was told that I would be called when a bench became available, and that my repair was “next on the list” but I was never called to bring in my scooter for repair. Most recently, I dropped off the scooter for repairs on May 26th, 2005 after having broken down in traffic for a second time. It was left in good faith for a reasonably expedient repair and remains untouched as of the writing of this letter.

No past attempts to repair the problem have resolved the issues as outlined above, no repair has been attempted within a reasonable amount of time and I have not been able to receive any direct answers to my enquiries about when the repairs would begin or be completed.

As a result, on June 30th, 2005, I asked to exercise my legal right as described in the Consumers Protection Act, to return the goods in question within one year of purchase, still under warrantee for a refund of my original $2000 payment, plus an additional $60 for the used luggage rack which I purchased from They Who Cannot Be Named.

As discussed with the Manager on June 30th 2005, They Who Cannot Be Named has countered with an offer to build a replacement scooter at no additional cost, as detailed below, in writing, by They Who Cannot Be Named. Additionally, They Who Cannot Be Named will handle the re-registration with the Ministry of Transportation, and absorb that cost. In return, I will sign ownership of the Vespa PK125S back over to They Who Cannot Be Named.


This offer by They Who Cannot be Named will acceptable under the following conditions:

a) That work begins immediately on the replacement scooter, and that it remains a priority job until completion.
b) That the scooter is completed, re-registered, licensed and delivered in full working order before the end of July 2005.
c) The replacement scooter shall be protected under the standard “Full One Year Warrantee” from the date of delivery.
d) If, after delivery, the replacement scooter is deemed unsafe, or proved not to be roadworthy, a full refund of $2060 will be made available within 5 business days in the form of cash, certified cheque, or money order.



Hopefully that will cover my ass.

I've modified a second version of the letter to bring along as well. It includes the following notation:

THIS SETTLEMENT HAS BEEN DECLARED UNACCEPTABLE BY THEY WHO CANNOT BE NAMED.
THEY HAVE BEEN ADVISED THAT A FULL REFUND WILL BE EXPECTED BY JULY 13TH, 2005.

If they say no, into arbitration we go! I hope it doesn't come to that. I hate fighting.