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Is there any justice?

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R

reniedp

Guest
My fiancee has a 75 ironhead harley davidson motorcycle. He has been doing business with the same company for over 3 years now.. he originally put his bike into the shop to have work done to it. all debts to date are clear. 3 weeks ago we went to get his bike and 800.00 that he had on credit. all we have recieved after numerous phone calls and visits is his engine and 200.00. the shop apparently took parts to another business to have them painted. when my fiancee decided not to have them painted, the shop never went and got the parts back. the business that the shop took them to refuses to give them back unless they get 2400.00 for storage fees.. my fiancee had told the bike shop that he goes through to get the parts some many months ago. is he liable to pay the other business the 2400.00? all that the shop he goes through has of his motorcycle to date are the engine, and small parts such as a headlight. the business that they took parts to has the frame, the fenders, the oil tank, and the gas tank. I need to find out if this is worth taking to a small claims court since my fiancee did tell the shop within 2 weeks of the parts being moved that he no longer wished to have them painted. we have no qualms about paying the storage for the 2 weeks that the parts were at the other business before he decided not to have them painted. but is he liable for all 2400.00? the business that has the parts is charging 10.00 a day storage fees.
 


JETX

Senior Member
Any storage fees that accrue to the 2nd shop (lets call them Shop B) are payable by the shop that your fiance went to (Shop A). This is because your fiance was not a party to any contract that exists (if any does) between the two shops, and as such, did not accept the storage fee charges.

My suggestion:
Write a letter to Shop A, detailing the time schedule and the work that was agreed (contracted) to be performed by Shop A. Tell them that their decision to send the work to Shop B was solely theirs and that your fiance did not authorize any storage fees to be paid to Shop B and that, in the event of storage fees being charged, you MIGHT be willing to negotiate two weeks worth of fees for the time that you acknowledge the parts were at Shop B. Include a reasonable time (2 weeks?) for Shop A to respond to your request for a resolution. If they don't resolve it, I would suggest that you consider litigation. Depending on the limitations for your state, it sounds like this might be above a small claims court limit.
 

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