| Author | Message | |||
     Noone1569 |
Received
Received the attached correspondence in the mail from the receiver for EBR's credit actions. The receiver is requesting that anyone having a claim on the warranty for their EBR reduce their claim to $500 because they became aware of the fact that you *may* be able to purchase an aftermarket warranty for $500. Lets discuss | |||
| Hughlysses |
Interesting. If you haven't had any warranty issues you could take the $500 and theoretically buy a 3rd party warranty to protect yourself. OTOH, if (for instance) your EBR blew up and you paid someone to fix it, you should submit a claim for that actual expense and not accept the $500 offer. If you do this, you may receive more than $500. | |||
| Reepicheep |
Sounds pretty fair. I get that not having dealer support and having to go through a third party is not a great user experience. But those of use with Buells that had to go through warranty work at HD dealers... it will sound like all the same headaches (dealers not wanting to do the work, coverage comes down to what the dealer will do for you, slow service, inconvenient locations, etc). So its the same bad warranty pretty much every other bike has. | |||
| Noone1569 |
You are not being offered $500. That's not what it is saying at all. It is saying that you either (1) agree to devalue whatever you valued your warranty claim to a flat $500 (2) submit invoices/receipts for repairs or (3) not accept the valuation of $500 for the warranty or (4) not fill it out and have your claim rejected. | |||
| Hughlysses |
Ryan- While it doesn't sound like they are committing to anything, it sounds to me like there'd be a good chance you'd get $500 if you agree to that settlement:
I guess the only way to know for sure would be to talk to a lawyer. | |||
| Noone1569 |
They will allow it to proceed but doesn't say it will be paid out. . . Here's the questions I have i) where can I get this $500 warranty? I was offered a 1400$ extended warranty when I purchased mine new (ii) will that warranty company now correct the open claims that I had prior to the shut down, i.e. all my cracked fairings, fuel light stuck on, shock rubbing on the subframe, etc (iii) I can submit receipts for the "warranty" items I had corrected outside of warranty, but I simply did not have them corrected as I am not spending $3000 to have these items done out of pocket (iv) supposed we agree to value our warranty claim at $500 and the court then divides the proceeds out to all the claims (hypothetically, lets say there's $1m in proceeds after all the attorney expenses, and claims are totaling $10M) our claim gets paid out at a percentage, so now we agreed to lessen our payout significantly I have e-mailed the receiver to find out about this 500$ warranty though. | |||
| Sprintst |
So.....if you can get a $500 warranty, a big if, I think, that still doesn't cover deductibles for repairs and as mentioned, won't cover existing problems | |||
| Noone1569 |
Have to have these letters returned by Friday. | |||
| Skntpig |
According to the document they have to be filed by July 22, 2015. | |||
| Noone1569 |
That was the date the original claim had to be filed. That's why it appears on the amended document | |||
| Noone1569 |
I have an inquiry in with the law office that sent the letter; they stated I should have some answers this afternoon. I'll post an update | |||
| Dmhines |
I actually submitted a claim last year for both loss of warranty and diminished value. Haven't heard anything about diminished value. I did return the notorized papers today for $500 loss of warranty claim. | |||
| Dannybuell |
from my way of looking at this, with 09 electricals... merchantability... http://legal-dictionary.thefreedictionary.com/merc hantability | |||
| Noone1569 |
Still waiting on response from the law firm (which I was promised yesterday) . . | |||
| Noone1569 |
Answers to your questions below: If I am reading the documentation correctly, the receiver is asking that I as an owner of an EBR and a claimant for lack of warranty, to value the warranty claim at $500, is that correct? That is correct. The letter references that a third-party insurer will sell a warranty for $500. Can you provide that information? I have not been able to ascertain a third-party warranty. Does this third-party insurer agree to conduct the repairs that the motorcycle needed prior to contracting with the insurer (i.e. the warranty claims in process before the receivership). I will get you the name and address of a third party insurer in another email. The third party insurer will not agree to conduct repairs prior to them being contracted. I have repairs that need to be done to my motorcycle that were open claims when EBR was in business and repairs that need to be done that arose after the receivership as well. Unfortunately, I am not able to pay the roughly $3,000 in expenses to correct these items; therefore, my motorcycle still requires these repairs. What course of action should I take? If you can get me the paperwork showing this estimate we can allow $3,000 to be added to your allowed claim. If we reduce our claims to $500, we limited collection to that absolutely, correct? Yes. Once you amend your claim you will not have an opportunity to change the amount. In my claim, I claimed items other than just the warranty; therefore, I do not want to limit that by signing and sending this. I am not sure what else would be included in your claim other than the warranty item issues, so let me know what else you have and we can go from there. Can you detail the amount of funds remaining to pay these warranty claims? I.e. if we do accept the $500 valuation, will we receive $500.00? At this time, the payout to creditors with allowed claims will be between 15% - 20% of the allowed claim number. (Message edited by noone1569 on December 01, 2016) | |||
| Dmhines |
So they are only gonna pay out $100 per claim not $500? Wow. | |||
| Buelliedan |
you would be a fool to allow the claim to only be $500 IMO as like said above you are only going to get a fraction of even that amount. I though someone had said LAP was going to step up and offer warranty repairs to the EBR bikes bought before the sale? Has anyone heard anything about that? (Message edited by buelliedan on December 06, 2016) | |||
| Noone1569 |
Dan, I had heard that too but nothing other than speculation. . . | |||
| Greest_lightnin |
Any chance that all of this could be explained to a knuckle dragging mechanic in layman's terms? 2014 SX... Al | |||
| Damnut |
Any chance that all of this could be explained to a knuckle dragging mechanic in layman's terms? Yeah...... You're FU**KED | |||
| Noone1569 |
Pretty much, but if you want to shoot me an e-mail, I'll be happy to chat with you (or add me on facebook if you're there). I received word back from the law firm that the hearing has been postponed as they are working on a better way to handle these claims. | |||
| Buelliedan |
"I received word back from the law firm that the hearing has been postponed as they are working on a better way to handle these claims." In other words the lawyers are billing more hours so even less will be paid out to the ones who actually deserve it. | |||
| 1313 |
Yeah...... You're FU**KED Actually, us 'early adopters' were "FU**KED" on April 15, 2015 when we lost our remaining warrantees. When a "HERO" once again showed themselves to be a VILLAIN! 1313 P.S. Next up - loss of value. Who will take a pot shot at that? | |||
| Greest_lightnin |
Actually, this whole warranty thing probably doesn't even apply to me, as I bought the bike new this past March. At under 10K, the congressional prerequisite. While not verbally expressed, I'd be willing to bet that the lack of warranty is written somewhere in the fine print. I'm happy with the purchase, as it's a hell of a lot of MOTORcycle for the price IMO. Al |
