Unhappy Customer

danger boy

I would handle it they way KAB (Al) did... that seems more than fair.

as for him threatening to post slanderous comments on other forums.. if he does.. sue his **** for defamation. I'm sure a judge would love to hear how he ordered thousands of dollars worth of equipment then defaulted on the payment.. yeah see how far he gets then.

that's why companies like Polk Audio have nice high priced lawyers

give it to legal to handle :biggrin:

dkg999

Let the bodies hit the floor ........... ooops that was the other thread!

As the payments have not continued per the agreement I think Polk has every right not to ship replacement parts under the warranty. Try not making your payments to an OEM auto finance company and then take your vehicle in for warranty service. We have things in place in the database to catch those scenarios, for the same reasons.

If the purchaser is in arrears for 90 days or more then I think Polk is right to send it to collections. The derog needs to hit his credit report so no one else extends financing terms. Taking it to court is good for the attorneys, probably just throwing good money on top of bad money at this point.

Have Mark/Russ alert all the other reputable audio/HT forums so they are aware of what is going on if they see the guy start posting. Also have them post in this forum and alert the crew as to where we can find said posts and give an appropriate response.

And give Jstas and myself his IP address. OK, probably not a good idea and I doubt he lives close enough to a church for me to have his a$$ saved!

cokewithvanilla

I don't think ones personal opinions in this case could be considered defamation. Especially if what is posts is true: Polk did not honor their warranty.

If it is not written in the warranty information that defaulting on payments voids the warranty, from my view, it looks like polk is in the wrong by not honoring a warranty.

If you want my opinion purely based on how life should be: Polk should not only not honor the warranty, but reclaim their property.... and give him a little kick in the **** on general principle

dkg999

I think it is implied, or in the UCC, that warranties do not extend to stolen or fraduently obtained merchandise. I think you would be safe in a legal challenge.

mdaudioguy

All I can say is, it takes a lot of nerve to ask for free service on a product you haven't been making payments on. Wow. Some people. Really?

cokewithvanilla

dkg999 wrote: »

I think it is implied, or in the UCC, that warranties do not extend to stolen or fraduently obtained merchandise. I think you would be safe in a legal challenge.

I don't know enough about the UCC, but it's my understanding that after the issue is made known to a court, they wouldn't have to honor any warranty until judgment, is this correct? Before that, wouldn't they have to honor a warranty?

exalted512

cokewithvanilla wrote: »

If it is not written in the warranty information that defaulting on payments voids the warranty, from my view, it looks like polk is in the wrong by not honoring a warranty.

Polk only authorizes their warranty when you purchase from an authorized dealer. He received the equipment from an authorize dealer, but if he did not pay in full, I don't think he has any right to claim the equipment back because he didn't full purchase the equipment.

As far as I'm concerned, he just returned stolen merchandise to the rightful owner.

Dude's a ****, no two ways about it.
-Cody

txcoastal1

Sticky but I am sure along with others when he pops up and shows his colors he will look the fool when the members get wind...good luck on your decisions...99% will stand by POLK

cokewithvanilla

exalted512 wrote: »

Dude's a ****, no two ways about it.
-Cody

indeed.

I'm just kind of curious as to where the law would stand on this. Surely, Polk would get a judgment in their favor, but would they be able to deny a warranty before bringing the issue to a court?

EDUBAG

It is my personal belief that polk audio is bigger than retaining a piece of equipment in order to collect a debt.

Give him the sub, then get him into legal to collect the money. A big corporation like polk should not be sweating this much for a sub, but i know that you guys appreciate the positive feedback.

Even though you are more than right to be pissed at this a...hole, get him in the proper way (emit a repo legal claim or something like that and then legally get all the equipment) even if you burn it down in your backyard, since right now it is not about the money.

And when all is solved please post the name of this jerk so nobody in this forum ever does anything with him/her (you never know if you might run into this person).

Good luck and i think we all agree that polk audio and it's customer service is second to none.

messiah

Just like a car, home, or anything else that you make payments on, it's not yours until it is fully paid off. In the case of a house or car the bank owns it until you pay the loan in full. In this case Polk Audio is acting as the bank. The person (douchebag) we are speaking of has defaulted on the pre-agreed terms, and a judgement would definitely be awarded to Polk Audio in a court of law. What could be more meaningful however is a lawsuit against the person (idiot) for libel. If Polk has records of all correspondence between Polk and this person (jackass), and can prove that they were more than willing to fix the product if the person (thief) would just pay for it, then Polk would have the upper hand for sure.

dorokusai

Excellent comments.

Rest assurred none of you will be in a legal battle, it's simply a query amongst our residents...our straight laced and fair minded....and equally insane.

Not every post has been a BJ for Polk, keep that in mind, and it shouldn't be in any way shape or form. Sorry to get nasty but it is what it is.

Please, speak your mind. There is a zero, ZERO retribution reading in this thread....go crazy and let it be known....one way or the other. You can say what you want here....live it up but stay on topic.

exalted512

cokewithvanilla wrote: »

indeed.

I'm just kind of curious as to where the law would stand on this. Surely, Polk would get a judgment in their favor, but would they be able to deny a warranty before bringing the issue to a court?

I would again have to assume that Polk is the legal owner of this sub. Not the **** bag sending it in. He was behind on his payments and as far as I'm concerned, the sub was repoed.

Being the legal owner of the sub, they're choosing not to warranty it to themselves...which I don't see as a legal matter.

exalted512

EDUBAG wrote: »

It is my personal belief that polk audio is bigger than retaining a piece of equipment in order to collect a debt.

I personally think less of a company that doesn't stand by common sense principles. The customer is NOT always right. Case in point...this thread.

The guy made an agreement and didn't pay up. He broke the agreement, so he should not reap benefits from it.

Polk is a business like any other, I'd also venture to guess they're not rolling in cash since they had to let some of the 12V guys go.

I've got more immune to it, but every once in a while people like this guy still amaze me with how truly dumb they are.
-Cody

nooshinjohn

dorokusai wrote: »

Please, speak your mind. There is a zero, ZERO retribution reading in this thread....go crazy.

Well, since you put it that way:eek::rolleyes:...

Send the sub back to him, UNREPAIRED with instructions to finish paying his debt, at which time repairs will be made. If that is not good enough, provide him with a new instruction manual(the secret one they have at every CS support desk) that instructs the customer on how to solve is own problems by applying the proper lubricant and tell him to shove it up his ****.

dorokusai

Don't forget the rest of the forum guys, folks need simple help and serious help...this is just a time ticking venue ok?

cokewithvanilla

Send him back the percentage of the sub that he paid for

gimpod

This guy sounds like a jerk!! He can bad mouth Polk all he want's I don't care! I have loved Polk speakers since my first pair of SDA 2's (with SL1000's) and I love my 1C's as a mater of fact I'm going to have them buried with me when I die!. As far as Polk CS go's TOP NOTCH there's no better company to deal with. So screw this jerk he can F.O.A.D.

punk-roc

Polk probably must also entertain the idea of repairing the sub, returning, and not collecting any more money. Many companies have built a phenomenal reputation for world-class customer service by taking things on the chin (like this) and doing what is "right". With "right" being defined as the customer is always right.

Nordstrom's comes to mind, their employees are instructed to take returns on items regardless of whether they've be worn-to-death (when they claim it just didnt fit) or if they don't even sell car tires anymore and someone brings in some tires they used to sell (but didn't to this customer )and wants to return them.

While karmically its a shame for losers to get away with things like this.. It does set the standard that "If Polk will go the extra mile for this **** bag, imagine what they would do for a good customer like me!"

Not stating that is what should be done, but certain companies have built incredibly successful businesses on such ideals.

Jason

Jetmaker737

punk-roc wrote: »

Polk probably must also entertain the idea of repairing the sub, returning, and not collecting any more money. Many companies have built a phenomenal reputation for world-class customer service by taking things on the chin (like this) and doing what is "right". With "right" being defined as the customer is always right.

Nordstrom's comes to mind, their employees are instructed to take returns on items regardless of whether they've be worn-to-death (when they claim it just didnt fit) or if they don't even sell car tires anymore and someone brings in some tires they used to sell (but didn't to this customer )and wants to return them.

While karmically its a shame for losers to get away with things like this.. It does set the standard that "If Polk will go the extra mile for this **** bag, imagine what they would do for a good customer like me!"

Not stating that is what should be done, but certain companies have built incredibly successful businesses on such ideals.

Jason

You're absolutely right, but guess who pays for this customer service largesse? We honest people, that's who. Nordstrom's stuff is pricey... in some measure due to their CS policy. You can't just give crap away and make a profit.

I applaud Polk Audio's stance on this **** bag.

messiah

punk-roc wrote: »

Polk probably must also entertain the idea of repairing the sub, returning, and not collecting any more money. Many companies have built a phenomenal reputation for world-class customer service by taking things on the chin (like this) and doing what is "right". With "right" being defined as the customer is always right.

Nordstrom's comes to mind, their employees are instructed to take returns on items regardless of whether they've be worn-to-death (when they claim it just didnt fit) or if they don't even sell car tires anymore and someone brings in some tires they used to sell (but didn't to this customer )and wants to return them.

While karmically its a shame for losers to get away with things like this.. It does set the standard that "If Polk will go the extra mile for this **** bag, imagine what they would do for a good customer like me!"

Not stating that is what should be done, but certain companies have built incredibly successful businesses on such ideals.

Jason

I would lose respect for Polk if they sucked this guys balls like Nordstroms does. Would you like to work for a company that makes the customer more important than the employee? The customer is never wrong? No thanks.

coolsax

I like the idea, of returning it to him with a court summons on a judgement, but if him sending it to Polk is a legal way of repoing it then I say don't send it back and let him worry about it. I'm sure if he trys badmouthing on the boards those of us who see it will have Polk's back.

cokewithvanilla

Clothing stores also benefit from selling items that cost $5 for $75... larger margins allow for more leniency in that area

polrbehr

The title of this thread should be changed to read Temporarily Unhappy Customer - Polk will undoubtedly make this right, as that is how they roll from what I've seen.

As for how/when they will accomplish that, only time will tell. It's a tough call though, as they can't allow themselves to be bullied or extorted into keeping someone happy. I hope they pursue whatever legal means are available to them.

kab

Thanks for the support but I didn't mean to instigate a mob. I just wanted to make you aware that we may be smoked on a few forums.

shack

I would guess this falls under the "consumer installment sales" section of the UCC. If that is the case then Polk has a security interesst in the sub and has the right under the contract to take possesion of the goods for failure of the buyer to fullfill the contract by making the payments. There are legal provisions that Polk must follow...but the fact that the buyer who defaulted on the installment contract actually delivered the goods back to Polk (even if it was not intended to act as a voluntary repossesion) should have no negative impact if Polk follows their legal remedies.

Polk and this customer have a contract IMO...and Polk should enforce their rights under that contract.

messiah

kab wrote: »

Thanks for the support but I didn't mean to instigate a mob. I just wanted to make you aware that we may be smoked on a few forums.

This isn't a mob, but rather a reaction to the actions of a douchebag. The person in question is a loser. If you want a mob in the future, I'm sure it won't take much, but I doubt that will be necessary :biggrin:

rdb2001

Wow, what is the six payment option, I have never seen that option before and I have bought from polk direct before. Is it just on certain items

inspiredsports

cokewithvanilla wrote: »

Clothing stores also benefit from selling items that cost $5 for $75... larger margins allow for more leniency in that area

???

I remember a few years back I financed a Cub Cadet Tank zero turn mower for 36 months years. For 36 months I sent in an identical automated payment a week or so before the due date. A short time after the final payment was made, I received a statement for 9 cents plus a $35 late fee.

It turns out there were 35 equal payments plus a 36th for 9 cents more because the total amount wasn't divisible by 36. I mailed in the $35.09, carefully read over the finance agreement, and called the finance company a week later to talk things over.

They understood how it happened and refunded the $35, but . . . in the discussion I learned that the agreement I signed actually gave then the right to REPO that $9,000 tractor for 9 cents!

Polk has every right to the items if the note is not paid in FULL.

cokewithvanilla

inspiredsports wrote: »

???

Someone mentioned that certain stores will satisfy even the worst **** of a customer. Like clothing stores excepting returns on extremely worn used clothes without tags... I was just saying that it is easier to do something like this when you are dealing with low dollar items with a lot of markup. Many clothing stores are still selling above cost of production even at 90% discounts. Of course, this doesn't include all the other marketing/logistics/administration costs. But still, it's a lot easier than a store like Sears accepting a return on a battered lawn mower where margins aren't quite so high.