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Boat House of Cape Coral - BIG Problems

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Old 05-14-2012, 07:25 AM
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I wonder how much forum member Brett would charge to send a response letter ?
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Old 05-14-2012, 07:48 AM
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Typical SCUMBAG ambulance chasing lawyer crap. They have ZERO leg to stand on. Tell this dime store newbie (debt loaded rookie loser lawyer) to go pound salt! lol, and what a complete joke of a dealership. You need to step things up as they are now threatening YOU. Contact ALL the local TV and newspapers via a call directly to their reporters. The news stations LOVE stories like this where you have black and white proof of a dealer scamming you.
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Old 05-14-2012, 08:48 AM
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Fox 4 "In your corner"; The News Press "Tell Mel"
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Old 05-14-2012, 11:42 AM
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Originally Posted by demjjm View Post
I wonder how much forum member Brett would charge to send a response letter ?
x2. This is just now starting to get good.
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Old 05-14-2012, 03:20 PM
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This has been on the news within the past week, and is something that should be kept in mind when posting comments that go beyond the typical 'flaming' or casual slandering of an individual on a website. This situation though, was somewhat more serious, and eventually resulted in the jury awarding this large sum of money to the victims of defamatory comments.

As reported by ABC NEWS:


'Anonymous' Posters to Pay $13 Million for Defamatory Comments
Mark and Rhonda Lesher of Clarksville, Texas, filed a suit against anonymous commenters who accused them of being sexual deviants, molesters, and drug dealers on Topix, once self-described as "the country's largest local forum site."


Further in the statement made by the plaintiffs attorney:

"Our clients, Mark Lesher and Rhonda Lesher, have triumphed over those who maliciously sought to systematically destroy the very essence of their respective freedoms," read a statement from the Leshers' attorneys, William Pieratt Demond and Meagan Hassan of Demond & Hassan, PLLC."Our clients, Mark Lesher and Rhonda Lesher, have triumphed over those who maliciously sought to systematically destroy the very essence of their respective freedoms," read a statement from the Leshers' attorneys, William Pieratt Demond and Meagan Hassan of Demond & Hassan, PLLC.
"For years, the Leshers have known a special form of pain and suffering imposed by a select few that mistakenly believed they were both above the law and anonymous. This victory does more than just help clear the Leshers' names; it evidences the pricelessness of our reputations, the fundamental importance of free speech, and the relationship of each to the other. For that, we congratulate the Leshers and the juries that have correctly discerned truth from fiction."
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Old 05-14-2012, 03:22 PM
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In reference to the above post


I'm not a lawyer but I've done software development for online systems for about 20 years now. There's plenty of case law similar to this, a lot that even predates the public internet, going back to the Compuserve and AOL era. It's always pretty much the same, anonymous poster finds out that once subpoena is served, online system X will come up off your internet network address in about 2 seconds. Then a subpoena is issued to the ISP who "owns" that internet address, to reveal the physical address of the person who was online at that time. Next thing you know, you're in court because of an anonymous post where you called someone a pansy.

There's one other big tip when using the internet. Unauthorized use of a computer system is a crime. This one seems to get people over and over again, year after year. Just because you _can_ access something doesn't mean that you are legally allowed to. This goes for your neighbor's open wifi network, your ex-employer's vpn, computers you might come across here and there. The caselaw here is old as the hills, also. And, unlike the libel issue, the penalties are criminal (and steep as hell).

This is not legal advise
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Old 05-14-2012, 03:24 PM
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Just a head up just how things can go!


One more question ?

What happens when a cell phone is used, how do they trace that IP?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The phone has an IP address assigned to it by the carrier. The carrier may have to do some log lookups on their end to see which phone IP was using what external IP, but as long as the timestamp of the incident they are looking for is accurate, then they will be able to find it.
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Old 05-14-2012, 05:29 PM
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Default My negative interaction w/ Boat house

My negative interaction with the boat house today!! Don't have a restraining order agains me, so here's my experience from today! I've been looking at a boat on ebay and the seller (dealer) had the boat serviced at ....what else...the boat house. the seller was great and told me give Chris a call and he'll give me whatever info I would need. We couldn't agree on price, but wanted to see what kind of dispostion the boat house had so called them. didn't get chris the first time so tried back again and was greeted with an abrubt "hellow". I explained to him the situation and asked what can you tell me about this boat and the service you did with it? his response was another abrubt "wad da ya wanna know?".
Me: "well would like to know what kind of service you did with the boat"
Chris "you should ask the seller...it's his boat and he should know"
Me: "I spoke with the seller and he said you may be able to give me a update on the hours and what service your provided"
Chris "I'm no honda dealer so I don't know the hours. And there was some broken stuff so I fixed it".
With the attitude that was portrayed I figured the OP's original post is spot on. In today's economy everyone has great prices, but it's attitude and customer support that really make a business stand out. This business definitely stood out,but for the wrong reasons. I don't generally go off of others opinions' until I've had an experience for myself. I'm done with this company and hopefully the OPs debate gets settled with some better responses than what has come out before.....Am I going to get sued now too for my "freedom" of speech? GOOD LUCK OP!!!!
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Old 05-14-2012, 10:20 PM
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parkerman, is there a point to your 3 post's above? I'm Ass/u/ming there is


Originally Posted by parkerman View Post
Just a head up just how things can go!


One more question ?

What happens when a cell phone is used, how do they trace that IP?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The phone has an IP address assigned to it by the carrier. The carrier may have to do some log lookups on their end to see which phone IP was using what external IP, but as long as the timestamp of the incident they are looking for is accurate, then they will be able to find it.
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Old 05-15-2012, 04:09 AM
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Default Yes there is a Point

This guy will get all your IP's and then go after you.

Maybe you have the disposable income and time to handle it, but just think about it.

One person had a problem, asked a question and out turned into a bashing contest.

At the least this thread should be locked for all your sakes if not totaly deleted.

I have no problem with the original post asking the question, but it seems all the so called experts had to through there 2 cents in.

Not only does it open the door for liabilty for anyone knocking this guys jock off , it also open the door for THT letting it go on..
Believe me , don't believe me...I really don't give a rats AZZ.

All i know is that when it comes back an bites you right in the butt, then maybe the light will come on.
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Old 05-15-2012, 04:10 AM
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An old tactic is to picket the company on week ends. Get a chair sign and sit on public property out front and display your side of the story. This should be perfectly legal and at all costs avoid starting a confrontation. If the company tries to have you removed have police present. You may have to apply for a permit to do this.

The whole case is that they supplied you a document saying you received motor A and you received motor B. This has nothing to do with consignment boat (I would look at a consignment agreement and see if the Boat House has recourse against the person who consigned the boat. This could all be in the sales contract motor numbers and boat numbers, if so case closed Ms. Hussy write the check. The letter from the lawyer is amusing but your website might give some ammunition for a counter suit. Be careful as consul has been retained against you and believe me they are documenting everything. You have been very good at stating your story with facts to back it up and haven't slandered them. Like any business there will be unhappy customers and how you deal with them is how you make your reputation. Funny if there was liability on web based reviews that are credible Trip Advisor wouldn't be in business any more! (just a thought for the attorney's)

Last edited by First Choice Charters; 05-15-2012 at 05:40 AM.
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Old 05-15-2012, 04:30 AM
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"Be carefull as consul has been retained aginst you and believe me they are documenting everything. You have been very good at stating your story with facts to back it up and haven't slandered them."

It's all the other comments from the experts what to do with his problem.

I agree, they very well could have registered under a false name and just lurk, get the person IP either from home or a phone and they will be named in the lawsuit.

Like I said believe me or don't believe me but when that summons get attached to your door, or handed to you at work (in front of your boss) maybe then people will learn there lesson.

As a moderator on another site we trace IP's all the time when we have a problem, not only can we ban the person we can ban there IP address to insure they don't reregister under another name. And for those who think using a phone or an AOL address that can't be traced..think again..thats why I made those post.

There have been a few instances with member getting out of control,but it's mostly spam we have the problem with, ban the name then ban the IP and its very easy to see where they live and come from.

Last edited by parkerman; 05-15-2012 at 05:09 AM.
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Old 05-15-2012, 05:17 AM
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," it also open the door for THT letting it go on.."

Am in agreement with this comment. The HT seems to allow endorsements for all types of business most positive but also negative. Does the practice of allowing a member to recommend or write a negative review have liability? Not my call and above my pay grade but the law seems to think it does. Is a boating forum a place to settle this dispute? not really but it is interesting to watch the process unfold. If I were the dealer I would want this to go away as it has become more trouble than it worth with the negative connotations that have affected the company. I am sure this was the OP's plan from the start and his right to do so. Maybe this will be a ground breaking supreme court case!

This talk of lawsuits etc. seems to be a diversion or a warning to the OP ?
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Old 05-15-2012, 05:40 AM
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I am just quoting what the letter says form the lawyer...


"This talk of lawsuits etc. seems to be a diversion or a warning to the OP ?"

Apperently reading that letter where his name is blacked out seems like it's directed at him personally.

This interent bashing, for what ever reason, and lawsuits are old hat. Lawsuits take a long time in courts, 3, 4, 5 years sometimes as any other lawsuit, but it seems that they are coming to fruitation at this point and I am sure there will be more documented settlements in the future.

IF THT was smart this thread should dissapear!
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Old 05-15-2012, 06:13 AM
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The letter from Ms Huusy specifically states the web page that was posted is the reason for the objection. The attorney has simply asked them to remove the website in veiled threats of future legal action The other demands of not contacting the media or BBB are silly. The guys feels he was wronged and the dealers paperwork is not in order with some numbering issues but the "As is sales" document means something also here along with the time and hours issue. I am also sure the sales contract has a lot of small print that already settles all of this but the only leg the guys got is the print out from the dealer with engine numbers. I do notice that the boat invoice was not posted showing all of the serial numbers and assume that the sales contract doesn't have the engine numbers on the document or this would have gone away months ago. There is NO documentation posted by the OP to substantiate his case and if I were going to the court of public opinion I would have it all posted. I also can understand the dealers position after six months a claim on a used boat engine repair not being covered under any warranty with a question of motor serial numbers.I also believe that if there was legal remedy for the buyer he would have pursued that course and with none available he has taken his case to court of public opinion.

Is this whole post an effort to apply pressure on the dealer ? Yes. Is this the correct place to settle this? No. Does the dealer represent themselves as reputable by there responses on this forum? Not really and are meant to antagonise the OP and are arrogant in there nature. Does this subject require to be examined by the moderators? Probably as all posts should be monitored for content.

Last edited by First Choice Charters; 05-15-2012 at 07:22 AM.
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Old 05-15-2012, 06:14 AM
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Agreed
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Old 05-15-2012, 06:20 AM
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Why would boat house go thru the trouble of switching an engine on a consignment boat? Seems like alot of trouble and legal exposure for a couple grand of profit to me.
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Old 05-15-2012, 06:41 AM
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Originally Posted by CharlieFoxtrot View Post
Why would boat house go thru the trouble of switching an engine on a consignment boat? Seems like alot of trouble and legal exposure for a couple grand of profit to me.

In my opinion, they did not switch an engine, they simply provided a report for an engine that was not on the boat they sold. Whether this was on purpose or not, will probably never be known. The facts still appear to be that for whatever reason they listed the engine as a specific engine during the sales process, however that was not the engine that was actually on the boat, and in the end the engine sold with the boat had issues.

Again in my opinion the dealer needs to step to plate and fix the issue, however they chose to come on here with a couple of ridiculous responses and then shoot out an absurd letter from an attorney.
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Old 05-15-2012, 07:14 AM
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parkerman,
i have to say for someone who says he has no skin in the game your posts seem awfully one sided. how many times do you want to state that tht should shut down this thread? i'm sure we all appreciated your first post detailing the potential liability everyone may have(as laughable as it may seem to some) but you continue to post the samebullshit over and over. we get it and most of us are smart enough to retain the invaluable info you've shared. Thanks


Originally Posted by parkerman View Post
I am just quoting what the letter says form the lawyer...


"This talk of lawsuits etc. seems to be a diversion or a warning to the OP ?"

Apperently reading that letter where his name is blacked out seems like it's directed at him personally.

This interent bashing, for what ever reason, and lawsuits are old hat. Lawsuits take a long time in courts, 3, 4, 5 years sometimes as any other lawsuit, but it seems that they are coming to fruitation at this point and I am sure there will be more documented settlements in the future.

IF THT was smart this thread should dissapear!
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Old 05-15-2012, 07:29 AM
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good keep laughing..was hoping you gave some responce like that
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