Foley Engines responds to the BBB - a followup to a post of about a month
ago titled "Dr. Diesel, Foley Engines, and me..." and subsequent thread
expansion which included reference to the Better Business Bureau...
As I was under sail and out of internet communication, I didn't see this
until just recently...
For those interested in seeing any other stuff which may appear, you can go
to the link in the BBB - click on the "more" for expansion of any section:
Better Business Bureau
This response from Foley was sent to the BBB on 4-1 (appropriately, April
Contact Name and Title: Philip George, Service Mg
Contact Phone: 508-753-2979
Contact Email: email@example.com
We sold Mr. Gundlach a set of fuel injectors for his Perkins Marine engine.
The transaction was quite simple. Mr. Gundlach called to place an order with
us. We took his order in good faith. The parts he purchased were
remanufactured and sold exchange (the old parts have to be sent back to us).
The old injectors came back and we shipped a set of Factory Remanufactured
injectors out to Mr. Gundlach. In the interim, Mr. Gundlach says he left a
very small fitting on his old injectors. By the time this was brought to our
attention Mr. Gundlach's old injectors had been processed along with the
hundreds of other injectors we process every week. We could not entertain
Mr. Gundlach's request for our people to "dig" through approximately 3000
injectors cores to look for these fittings. At that time we advised him to
simply go to his local Perkins dealer and obtain the replacement fittings
that he had said he had sent to us. The total cost for these parts should
not have exceeded $15. We can not take responsibility for Mr. Gundlach's
decision to remove or nor remove these fittings from his old injectors. For
all of the above reasons we unable to offer Mr. Gundlach any money for his
Furthermore, Mr. Gundlach has a track record of writing long winded
complaints about issues with little or no merit. We are getting phone calls
from past customers in the caribbean telling us that Mr. Gundlach is posting
negative comments about our 96 year old company on various sail boat
internet discussion sites including Sailnet and the Morgan 41 owners site.
(Apparently Mr.Gundlach's boat, The Flying Pig is a Morgan). Our customers
also tell us to disregard his rants because he has a pattern of posting
daily on many different sites and he doesn't have the highest credibility.
We urge the BBB to overturn this complaint. We have referred this matter to
our attorneys and they tell us that they will be pursuing this matter in the
courts of the Commonwealth of Massachusetts for damages resulting from
"interference with a beneficial business relationship" and slander.
Please feel free to contact me with any questions.
I'd be interested to see on what basis I can be found responsible for (Open
Quote) "interference with a beneficial business relationship" and slander
(close Quote) given that most of my post on which the complaint would be
based consisted of verbatim transcripts of our email communications, of
which half were theirs (and, of course, theirs, proving my point).
Not to mention that slander is verbal defamation (from the Legal Dictionary:
"1 : defamation of a person by unprivileged oral communication made to a
third party"); I believe Mr. George intends Libel, the publishing of
untruths (from FAQ's
classic definition is: "a publication without justification or lawful excuse
which is calculated to injure the reputation of another by exposing him to
hatred, contempt or ridicule." (Parke, B. in Parmiter v. Coupland (1840)
GM&W 105 at 108)" - and many other interesting points found at the same
site, all of which point to a fruitless enterprise on the attorney's part, -
but if his attorneys say it's slander, who am I, not a lawyer, to disagree?
And, do my numerous confirmatory respondents in public fora also run the
risk of such approbium???
And then there's his audacious and scurrilous mendacity with his customers, some (others) found at Sailnet, of all places, given his citation using Sailnet as part of his rant. I'm hardly alone - see
just a single point of reference for some perspective :**)) I'd have done
myself a world of good to have seen this link before my encounter (but I
didn't). To the above paragraph, did his attorneys go after all those posters, as well?? Note his "our customers tell" them to disregard me. Interesting that I've not heard from any of them in his defense, nor get the criticism (I get plenty of criticism - read: polarity of views - about some of my posts on various levels, but not usually about stuff I have first-hand experience with) cited. Am I now to take _him_ to libel action? :**))
Note, of course, the total lack of response to the bait-and-switch part of
the complaint, let alone the customer service attitude and followup
(including offering to sell me the missing parts and then demanding an
additional $50 purchase when I tried to do that, as seen in my original -
another bait-and-switch, in my view). However, back to his response
Foley Engine, the self-proclaimed diesel engine experts, should not have had
to be notified of a part sent into them (the banjo bolts) which should have
been retained. I've never before worked on them (if I had, I might have
known not to include them when I sent off the cores, despite my - new -
spares having them on them). However, even given my lack of practical
experience, if I'd seen 3000 injector cores come in (implied in the last 2
weeks between receipt and my notification) without them, I believe I would
recognize that this was out of order.
These so-called experts should have had that stick out like a sore thumb,
and have mentioned it in the requirement that I pay them $200 more than I
was quoted at the beginning. Without their having seen them, as seen in the
original, nothing would have happened (meaning, they had my injectors in
hand - had they not been acceptable cores, the order would have been
rejected, which suggests that they were inspected before I was called - and
were proceeding with the order, however it may have concluded). The
suggestion that I go to the local Perkins dealer, given that I was in the
Bahamas, was disingenous at best. Even when I was in the states, it
involved a drive of a couple of hours, as seen in my original post.
Failing that, as pointed out, in my last letter to them, and his response to
the BBB, it's less than $15 for the required parts. Don't you suppose that
it would have been REALLY good business (particularly, since I agreed, under
stress, to pay $100 more than I'd originally agreed), prompting a very
different sort of reaction from me, to have sent me those parts, new, with
the new injectors, saying something to the effect of "You'll need these;
they're not normally included, but since your engine won't run without them,
we've included them here. Remember us when you need more parts!"?
Those of you who follow my "rambling and nonsensical posts" (an assertion
from a followup poster to the BBB site, but softened to include that Foley
had a rough reputation in dispute resolution) know that I make repetitious
very positive noises about vendors I find going out of their way either in
good customer service or in delivering more than they promise, including
links to how to find them, in case one of my thousands of readers might like
to take advantage of such superior vendors. Imagine the difference
(counterweight to all the negative stuff which appears other than in a
thread originated by me, if one searches, as I SHOULD have done, before my
order) if I'd been singing their praises not only on this but on future
encounters with them!?!
You (regular readers) also know that I'm not shy about admitting dumb
mistakes. Likely, my retelling of this (different!) tale would have
included laughing at myself, and congratulating Foley on catching my error
(admitted, based on the new spares I had already in stock) and rectifying
it - whether by customer service of free parts, or, even, just a simple
sale of the parts to me (which should, of course, have occurred by their
immediate offer, instead of only after my many attempts to reach them, and,
especially, without requiring an additional $50 purchase).
Their loss, I've already eaten mine. If, in the EXTREMELY unlikely event
I'm so much as contacted by an attorney, let alone served, I'll follow up,
but, aside from this thread continuing, I expect this is the end of it.
Skip, lying George Town Exuma Bahamas
Morgan 461 #2
SV Flying Pig KI4MPC
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