Last breath performance!!!!!!!!!!!!
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Joined: Dec 2008
Posts: 61
Likes: 0
From: Tamarac Fl
Guys thank you for your support. I have lawyered up. I was just trying to pressure the vendor into a settlement prior to it going to court. I was giving them the opportunity to do the right thing.
I will stop posting on this as I do not want to be remembered as the guy who did all the bashing. thanks again and enjoy your corvettes while you have them!!!
I will stop posting on this as I do not want to be remembered as the guy who did all the bashing. thanks again and enjoy your corvettes while you have them!!!
Team Owner
Joined: Jun 2005
Posts: 46,295
Likes: 2,596
From: Northern, VA
St. Jude Donor '15
"In honor of jpee"
Take your own advice and talk only with a lawyer. You've got all the documentation. Just do it, and report back when it's all done.
Fighting this out here won't help your case. You'll win the sympathy vote, which you probably already have, but that won't fix your car.
And you'll be spending energy that could be better spent getting your lawyer all geared up to do his/her job for you.
Good luck.
Fighting this out here won't help your case. You'll win the sympathy vote, which you probably already have, but that won't fix your car.
And you'll be spending energy that could be better spent getting your lawyer all geared up to do his/her job for you.
Good luck.
Melting Slicks
Joined: May 2004
Posts: 3,017
Likes: 2
Take your own advice and talk only with a lawyer. You've got all the documentation. Just do it, and report back when it's all done.
Fighting this out here won't help your case. You'll win the sympathy vote, which you probably already have, but that won't fix your car.
And you'll be spending energy that could be better spent getting your lawyer all geared up to do his/her job for you.
Good luck.
Fighting this out here won't help your case. You'll win the sympathy vote, which you probably already have, but that won't fix your car.
And you'll be spending energy that could be better spent getting your lawyer all geared up to do his/her job for you.
Good luck.
You owe no one here an explaination. Internet bashing will just turn into a PiZZing contest where everybody gets wet.. If they don't pony up, then hit them with the big hammer. Then you can come back with the good news of your car being fixed and running like a beast. Good luck..
Moderator
Joined: Dec 2002
Posts: 40,893
Likes: 4,345
From: Lakewood Ranch, FL
Take your own advice and talk only with a lawyer. You've got all the documentation. Just do it, and report back when it's all done.
Fighting this out here won't help your case. You'll win the sympathy vote, which you probably already have, but that won't fix your car.
And you'll be spending energy that could be better spent getting your lawyer all geared up to do his/her job for you.
Good luck.
Fighting this out here won't help your case. You'll win the sympathy vote, which you probably already have, but that won't fix your car.
And you'll be spending energy that could be better spent getting your lawyer all geared up to do his/her job for you.
Good luck.
Some of the best advice on the thread.....
Melting Slicks
Joined: Jul 2008
Posts: 2,014
Likes: 2
St. Jude Donor '09-'10
It will NOT make it to court. They will settle after they talk to their lawyer. The dont have a pinky toe to stand on.
Guys thank you for your support. I have lawyered up. I was just trying to pressure the vendor into a settlement prior to it going to court. I was giving them the opportunity to do the right thing.
I will stop posting on this as I do not want to be remembered as the guy who did all the bashing. thanks again and enjoy your corvettes while you have them!!!
I will stop posting on this as I do not want to be remembered as the guy who did all the bashing. thanks again and enjoy your corvettes while you have them!!!
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Pro
Joined: Apr 2009
Posts: 569
Likes: 3
From: Florida
Take your own advice and talk only with a lawyer. You've got all the documentation. Just do it, and report back when it's all done.
Fighting this out here won't help your case. You'll win the sympathy vote, which you probably already have, but that won't fix your car.
And you'll be spending energy that could be better spent getting your lawyer all geared up to do his/her job for you.
Good luck.
Fighting this out here won't help your case. You'll win the sympathy vote, which you probably already have, but that won't fix your car.
And you'll be spending energy that could be better spent getting your lawyer all geared up to do his/her job for you.
Good luck.
Pro
Joined: May 2007
Posts: 585
Likes: 0
From: Ocean County NJ
And don't forget that every statement made on this public website could be used to impeach you at the time of trial; especially if you make any assertions at trial that a post contradicts - prior, inconsistent statements are bad juju for you.
Even further, while you think you have a slam dunk, what if the finder of fact (judge at bench trial, jury at jury trial) disagrees. Congrats, you just made a ton of libelous statements that could be considered slander and/or slander per se.
While I don't practice law in your state, please be mindful that there are at least three sides to every story - his, yours, and the pure unadulterated, uncolored truth. You see your side through your perception and he sees his own perception. Go easy, go quiet and go with your lawyer. Nothing you post here will make your case any better but you could do something to make your situation worse. If I was you, I would lock the thread and take down my posts in the hopes that Ernie didn't print them yet. And then I would drop the mouse and step away from the keyboard.
Good luck.
Even further, while you think you have a slam dunk, what if the finder of fact (judge at bench trial, jury at jury trial) disagrees. Congrats, you just made a ton of libelous statements that could be considered slander and/or slander per se.
While I don't practice law in your state, please be mindful that there are at least three sides to every story - his, yours, and the pure unadulterated, uncolored truth. You see your side through your perception and he sees his own perception. Go easy, go quiet and go with your lawyer. Nothing you post here will make your case any better but you could do something to make your situation worse. If I was you, I would lock the thread and take down my posts in the hopes that Ernie didn't print them yet. And then I would drop the mouse and step away from the keyboard.
Good luck.
Administrator
Joined: Jun 2007
Posts: 66,409
Likes: 2,061
From: Bel Air (by way of Fort Worth, TX) Maryland
St. Jude Donor '12 thru '21
And don't forget that every statement made on this public website could be used to impeach you at the time of trial; especially if you make any assertions at trial that a post contradicts - prior, inconsistent statements are bad juju for you.
Even further, while you think you have a slam dunk, what if the finder of fact (judge at bench trial, jury at jury trial) disagrees. Congrats, you just made a ton of libelous statements that could be considered slander and/or slander per se.
While I don't practice law in your state, please be mindful that there are at least three sides to every story - his, yours, and the pure unadulterated, uncolored truth. You see your side through your perception and he sees his own perception. Go easy, go quiet and go with your lawyer. Nothing you post here will make your case any better but you could do something to make your situation worse. If I was you, I would lock the thread and take down my posts in the hopes that Ernie didn't print them yet. And then I would drop the mouse and step away from the keyboard.
Good luck.
Even further, while you think you have a slam dunk, what if the finder of fact (judge at bench trial, jury at jury trial) disagrees. Congrats, you just made a ton of libelous statements that could be considered slander and/or slander per se.
While I don't practice law in your state, please be mindful that there are at least three sides to every story - his, yours, and the pure unadulterated, uncolored truth. You see your side through your perception and he sees his own perception. Go easy, go quiet and go with your lawyer. Nothing you post here will make your case any better but you could do something to make your situation worse. If I was you, I would lock the thread and take down my posts in the hopes that Ernie didn't print them yet. And then I would drop the mouse and step away from the keyboard.
Good luck.
Melting Slicks
Joined: Mar 1999
Posts: 2,324
Likes: 0
From: Fort Lauderdale Fl
Please ready the posts James did on the DC forum and go to the end to see what was truly done. The moderater even locked his thread after he lied to him about the engine having prior problems.
Here is the link to the thread:
http://www.digitalcorvettes.com/foru...d.php?t=122795
Here was our response.
Let’s start from the beginning. Mr Indiero had contacted us since Dec of 2008 in regards to getting a head and cam package. He finally decided to go in to get the head and cam sometime in Jan but was not ready to do it yet since we were talking about doing a short block Basically you were not ready to decide what you wanted to do with all your indecisions or flip-flop thinking for at least 45 days. You then decide that you want to go with forged pistons due to your future thoughts of going with nitrous or a pro-charger, you were then told that it was going to take a little longer due to the ordering of the forged pistons and rings now we are at 60 days the next couple of weeks were for the machine shop to do all there work then my shop needed 4 days to install and tune and then 1 more day to test and retune, however you were in such a rage to pick-up the car you did not let me do the test and retune for the proper engine break in instead you demand that I release the car to you. You then take the car home against my advice you overheat the vehicle, did not check the oil level and stopped the car when the oil pressure went down to 4psi you probably over-revved the car in your haste for more power then towed the car back to me. When I received the car we had as hard time starting it actually it was almost seized resulting from a long period of overheating with low oil pressure and levels
Going back to day one after the motor failure you then advised me that you had broken a rocker arm previously with all the needle bearings going in to the motor and GM simply replaced the rocker arm, however never opened up the motor to remove the needle bearings I then removed all the oil lines, oil cooler and dry sump tank to flush them completely there is your real problem, At my expense the machine shop and I agreed to pull the motor and have it completely redone as long as you would pay for the parts. Unknown to me you had contacted the machine shop to deal directly with them where you had bought some other performance items bought and sold to you from the machine shop directly, again causing more delays
In summation I have pulled your motor 3 times, the second time was to inspect the bearings and pistons by a third party all at my expense and still offered to do this again at no labor cost to you to verify the block could possibly be damaged to your neglect to inform me about prior engine failures or again your neglect to properly allow the proper break in process. Regarding the original build (overheating, low oil pressure as well as low oil level). Which you were well informed of upon the removal of your car in February 2009 again removing the vehicle against my advice till the motor was broken in properly.
Just remember sir I have been in business long before you came around and I will still be in business long after you go. I regret the whole situation and wish you well, please in the future why don’t you continue to email or call a business in regards to a situation instead of attacking them in a very unprofessional manner.
Even worse is a email I recieved from James where he threaten us which I did not post.
Ernie
www.BreathlessPerformance.com
Here is the link to the thread:
http://www.digitalcorvettes.com/foru...d.php?t=122795
Here was our response.
Let’s start from the beginning. Mr Indiero had contacted us since Dec of 2008 in regards to getting a head and cam package. He finally decided to go in to get the head and cam sometime in Jan but was not ready to do it yet since we were talking about doing a short block Basically you were not ready to decide what you wanted to do with all your indecisions or flip-flop thinking for at least 45 days. You then decide that you want to go with forged pistons due to your future thoughts of going with nitrous or a pro-charger, you were then told that it was going to take a little longer due to the ordering of the forged pistons and rings now we are at 60 days the next couple of weeks were for the machine shop to do all there work then my shop needed 4 days to install and tune and then 1 more day to test and retune, however you were in such a rage to pick-up the car you did not let me do the test and retune for the proper engine break in instead you demand that I release the car to you. You then take the car home against my advice you overheat the vehicle, did not check the oil level and stopped the car when the oil pressure went down to 4psi you probably over-revved the car in your haste for more power then towed the car back to me. When I received the car we had as hard time starting it actually it was almost seized resulting from a long period of overheating with low oil pressure and levels
Going back to day one after the motor failure you then advised me that you had broken a rocker arm previously with all the needle bearings going in to the motor and GM simply replaced the rocker arm, however never opened up the motor to remove the needle bearings I then removed all the oil lines, oil cooler and dry sump tank to flush them completely there is your real problem, At my expense the machine shop and I agreed to pull the motor and have it completely redone as long as you would pay for the parts. Unknown to me you had contacted the machine shop to deal directly with them where you had bought some other performance items bought and sold to you from the machine shop directly, again causing more delays
In summation I have pulled your motor 3 times, the second time was to inspect the bearings and pistons by a third party all at my expense and still offered to do this again at no labor cost to you to verify the block could possibly be damaged to your neglect to inform me about prior engine failures or again your neglect to properly allow the proper break in process. Regarding the original build (overheating, low oil pressure as well as low oil level). Which you were well informed of upon the removal of your car in February 2009 again removing the vehicle against my advice till the motor was broken in properly.
Just remember sir I have been in business long before you came around and I will still be in business long after you go. I regret the whole situation and wish you well, please in the future why don’t you continue to email or call a business in regards to a situation instead of attacking them in a very unprofessional manner.
Even worse is a email I recieved from James where he threaten us which I did not post.
Ernie
www.BreathlessPerformance.com
Team Owner
Joined: Aug 2003
Posts: 38,314
Likes: 35
And don't forget that every statement made on this public website could be used to impeach you at the time of trial; especially if you make any assertions at trial that a post contradicts - prior, inconsistent statements are bad juju for you.
Even further, while you think you have a slam dunk, what if the finder of fact (judge at bench trial, jury at jury trial) disagrees. Congrats, you just made a ton of libelous statements that could be considered slander and/or slander per se.
While I don't practice law in your state, please be mindful that there are at least three sides to every story - his, yours, and the pure unadulterated, uncolored truth. You see your side through your perception and he sees his own perception. Go easy, go quiet and go with your lawyer. Nothing you post here will make your case any better but you could do something to make your situation worse. If I was you, I would lock the thread and take down my posts in the hopes that Ernie didn't print them yet. And then I would drop the mouse and step away from the keyboard.
Good luck.
Even further, while you think you have a slam dunk, what if the finder of fact (judge at bench trial, jury at jury trial) disagrees. Congrats, you just made a ton of libelous statements that could be considered slander and/or slander per se.
While I don't practice law in your state, please be mindful that there are at least three sides to every story - his, yours, and the pure unadulterated, uncolored truth. You see your side through your perception and he sees his own perception. Go easy, go quiet and go with your lawyer. Nothing you post here will make your case any better but you could do something to make your situation worse. If I was you, I would lock the thread and take down my posts in the hopes that Ernie didn't print them yet. And then I would drop the mouse and step away from the keyboard.
Good luck.
I have seen some big messes involving mods, but this one probably takes the cake by a long shot. Guy says that he is going to have to have a new long block at a cost of $10,500.00.
That thread in the other site is way more detailed than the ones the original poster put in here, and the mods are a good bit more lenient in letting the discussion continue.
But as it continued, even they had to lock it down.
Last edited by '06 Quicksilver Z06; Jun 17, 2009 at 10:42 AM.
Intermediate
Joined: Mar 2008
Posts: 37
Likes: 0
While I don't practice law in your state, please be mindful that there are at least three sides to every story - his, yours, and the pure unadulterated, uncolored truth. You see your side through your perception and he sees his own perception. Go easy, go quiet and go with your lawyer.
The lawyer will want a huge retainer (thousands) to get started on the case, then need more money (thousands) a couple of weeks later because he's already burned through the first dough. If breathless won't settle, you must be prepared for the long haul and an expensive case that could go on for years.
If you win any money it'll just go to pay for the lawyer.
I just read the thread over at digital corvettes and it seems your story keeps changing. I think you've already said enough to sink your own battleship.
Team Owner
Joined: Aug 2003
Posts: 38,314
Likes: 35
In my experience getting a lawyer involved in this type of situation is only going to make the situation cost you even more money and time.
The lawyer will want a huge retainer (thousands) to get started on the case, then need more money (thousands) a couple of weeks later because he's already burned through the first dough. If breathless won't settle, you must be prepared for the long haul and an expensive case that could go on for years.
If you win any money it'll just go to pay for the lawyer.
I just read the thread over at digital corvettes and it seems your story keeps changing. I think you've already said enough to sink your own battleship.
The lawyer will want a huge retainer (thousands) to get started on the case, then need more money (thousands) a couple of weeks later because he's already burned through the first dough. If breathless won't settle, you must be prepared for the long haul and an expensive case that could go on for years.
If you win any money it'll just go to pay for the lawyer.
I just read the thread over at digital corvettes and it seems your story keeps changing. I think you've already said enough to sink your own battleship.
The bottom line is, he is going to have to pay a lawyer, and could posssibly still lose his case. You are probably right. A lawyer is going to need or want some upfront money just to get started on any case that he thinks he may have.
Lawyering up is no guarantee that he will win, what with the legal process being so unpredictable, time consuming, plus the wide variance in the legal "skills" of various lawyers.
He could wind up with significant legal fees on top of the $15,000.00 he has already lost, plus whatever it costs to get his car fixed.
So it is a gamble, no doubt.
Last edited by '06 Quicksilver Z06; Jun 17, 2009 at 01:26 PM.
Administrator
Joined: Jun 2007
Posts: 66,409
Likes: 2,061
From: Bel Air (by way of Fort Worth, TX) Maryland
St. Jude Donor '12 thru '21
DC very rarely locks down threads.They let a LOT of stuff slide over there
Too much at times. That's not a knock on this site (I post over here FAR more than I do over there) but it puts the leniency being shown by the mods in this thread in perspective. Kudos to the mods for that
Too much at times. That's not a knock on this site (I post over here FAR more than I do over there) but it puts the leniency being shown by the mods in this thread in perspective. Kudos to the mods for that