Jason Birch. Warning. - Page 2 - PeachParts Mercedes-Benz Forum

Junkman · #16 12-23-2018, 11:47 AM

I'm taking a guy to small claims court over a paint job on my SD. He has the materials, skills and more of my money than I usually front. So far, over a year on a 3 week project that was to be the first of about $20k counting referrals. I file the complaint after receiving a response to my formal demand for payment. I'll NEVER go against my policy of not fronting money again. Credit card payments can be disputed. Checks can't.

Clemson88 · #17 12-23-2018, 12:18 PM

It's bad business to pay someone before a product or service is delivered. You're just making it tough on them. I could get a draw from my builders before I started a job. That was over the many years I subcontracted drywall, painting and elite siding projects.

I would never take that last draw until the job was finished or I was on site finishing the job. It's too difficult for even an honest man to remain faithful without incentive. That's how you end relationships and end up losing on a deal.

Paypal is priceless when doing long distance business.

ngarover · #18 12-23-2018, 12:48 PM

Quote:

Originally Posted by greazzer

You left out a digit- 1101 E. 8th. d/b/a Birch’s Garage.

Ah, thats just the address he had listed on FB I think. I'm still sure that the parts will come now.

1985 Euro 300TDT giving it some love thread...

Shows the car the parts came out of. the interior was 100% shot. He was very honest about the condition of the car and send videos and pictures of the parts as he took them off, which I have since lost due to a HD failure.

Here I pasted more pictures he sent of the parts after removing them... 1985 Euro 300TDT giving it some love thread...

Again, I understand we all have issue and things happen. and we both had things going on during all this, hell I got divorced and remarried, causing me to move twice. Life happens. I'm still positive it will all work out fine in the end now.

As to the bearing, seems like most require a puller to remove https://www.youtube.com/watch?v=Y8Z3e6GpnJo

97 SL320 · #19 12-23-2018, 08:44 PM

Quote:

Originally Posted by ngarover

Again, I understand we all have issue and things happen. and we both had things going on during all this, hell I got divorced and remarried, causing me to move twice. Life happens. I'm still positive it will all work out fine in the end now.

You have been waiting a year for shipment with many e mails along the way. Jason says he didn't ship due to a shop move circa Aug / Sept 2018. What caused the delay from Dec 2017 to Jul 2018?

There is a reason why cops hate responding to domestics. . . .

Quote:

Originally Posted by ngarover

As to the bearing, seems like most require a puller to remove https://www.youtube.com/watch?v=Y8Z3e6GpnJo

Nope, the vid is for a pilot bearing not a throw out bearing / release bearing that is allegedly stuck. The pilot bearing goes into the back of the crankshaft or flywheel depending on the car. The pilot bearing is at 1:15 and puller 1:30.

I " think " the pilot bearing on this car presses into the flywheel. Someone please state if this is correct. If the pilot bearing is in the flywheel, it will press out with a socket on the OD once the flywheel is removed. Even at that, there is zero reason to remove the pilot bearing to ship parts

Going off on a tangent: Don't have a puller for a pilot bearing in the crank? No problem, pack the ID with grease, insert a socket or shaft that nearly fills the ID, then strike socket / shaft with a hammer. This will hydraulic the bearing out in under 30 seconds.

Back to the throw out / release bearing. The throw out / release bearing slides on the trans snout when you depress the clutch. Again, if it is stuck to the point it needs a puller, the trans snout will be rusted enough that the trans will be unusable.

I have 40+ years in and around the car business coupled with about 20 in industrial machinery. I've been told lots of tales that don't match up with the physical facts.

97 SL320 · #20 12-23-2018, 08:56 PM

Quote:

Originally Posted by greazzer

You left out a digit- 1101 E. 8th. d/b/a Birch’s Garage.

His current shop might be in the Competition Cars ( top center ) building or on the adjacent street James Ct, Wilmington, DE 19801

https://www.google.ca/maps/place/101+E+8th+St,+Wilmington,+DE+19801/@39.7270698,-75.5562979,260m/data=!3m1!1e3!4m5!3m4!1s0x89c6fd41751ac463:0x2ba1f89dedf6aac6!8m2!3d39.7430358!4d-75.5483765?hl=en-CA

97 SL320 · #21 12-23-2018, 08:59 PM

Nothing turns up on this site for Birch’s Garage.

https://www.courts.delaware.gov/tradenames/

Junkman · #22 12-23-2018, 09:47 PM

Start the legal process or write it off if not worth the effort. The guy is not going to ship or he would have. No one "forgets a transmission. Life is too short.

My favorite econ professor was forever reminding us about the importance of understanding sunk costs. You've already lost your money. Will expending more money or effort make you better or worse off than you are now? It is a yes/no question.

I'm willing to spend $200 and a few hrs to possibly get $3k or a paint job if the guy decides to do the job. I'm not going to expend more. I'll still probably fix the car regardless of this outcome.

rwd4evr · #23 12-23-2018, 11:45 PM

I just found this thread, I only saw what was posted on my build thread. I have this being shipped tomorrow. Yes I forgot about this purchase but in my defense it's not that smple as a 1000 bucks in my hand and thank you see Ya never. He gave me a deposit then disappeared for a bit. Then couldn't pay the rest because of some problems, I held it till he could. I then pulled all the parts and he didn't have a place to work on the car so it sat there. When he was ready for it the **** hit the fan and my slum Lords forced me out with lies about the building being set for demolition and paid me to vacate asap. All business got put on hold while I moved 30 cars and 4500 square ft shop full of parts and tools. I've been working my job and setting my new place and it was in a plastic tote on a shelf and I completely forgot. I'm not making excuses just saying what happened. I'm taking care of it. The price I gave was extremely fair I'll add for a full manual 5cyl swap Shipped. You will find no one else with a complaint about me like this. Again I'm sorry Corey. It wasn't intentional.

rwd4evr · #24 12-23-2018, 11:52 PM

Quote:

Originally Posted by 97 SL320

You have been waiting a year for shipment with many e mails along the way. Jason says he didn't ship due to a shop move circa Aug / Sept 2018. What caused the delay from Dec 2017 to Jul 2018?

There is a reason why cops hate responding to domestics. . . .

Nope, the vid is for a pilot bearing not a throw out bearing / release bearing that is allegedly stuck. The pilot bearing goes into the back of the crankshaft or flywheel depending on the car. The pilot bearing is at 1:15 and puller 1:30.

I " think " the pilot bearing on this car presses into the flywheel. Someone please state if this is correct. If the pilot bearing is in the flywheel, it will press out with a socket on the OD once the flywheel is removed. Even at that, there is zero reason to remove the pilot bearing to ship parts

Going off on a tangent: Don't have a puller for a pilot bearing in the crank? No problem, pack the ID with grease, insert a socket or shaft that nearly fills the ID, then strike socket / shaft with a hammer. This will hydraulic the bearing out in under 30 seconds.

Back to the throw out / release bearing. The throw out / release bearing slides on the trans snout when you depress the clutch. Again, if it is stuck to the point it needs a puller, the trans snout will be rusted enough that the trans will be unusable.

I have 40+ years in and around the car business coupled with about 20 in industrial machinery. I've been told lots of tales that don't match up with the physical facts.

It was frozen with petrified grease(thank God) the car sat a long time. The snout is fine.

97 SL320 · #25 12-24-2018, 10:59 AM

Quote:

Originally Posted by rwd4evr

Yes I forgot about this purchase but in my defense it's not that smple as a 1000 bucks in my hand and thank you see Ya never. He gave me a deposit then disappeared for a bit. Then couldn't pay the rest because of some problems, I held it till he could.

If this is true, the buyer was very negligent is not posting this. He gave the impression that he paid in full a year ago then was waiting. I'd like to hear what the buyers defense is for not posting this vital piece of info.

Quote:

Originally Posted by rwd4evr

I then pulled all the parts and he didn't have a place to work on the car so it sat there. When he was ready for it the **** hit the fan and my slum Lords forced me out with lies about the building being set for demolition and paid me to vacate asap.

Given the buyer was possibly deceitful in his prior postings, you are given some room.

97 SL320 · #26 12-24-2018, 11:00 AM

Quote:

Originally Posted by rwd4evr

It was frozen with petrified grease(thank God) the car sat a long time. The snout is fine.

OK, I'll accept that however, a razor blade and solvent will solve the problem.

ROLLGUY · #27 12-24-2018, 11:41 AM

I am not a fan of Soap Operas, but this is sounding like one the more it unfolds. I won't take sides on this one, I will just wait and see what happens. I do hope that in the end, everyone is satisfied. It is just sad to me that this has happened at this time of the year.

Diesel911 · #28 12-24-2018, 05:09 PM

Quote:

Originally Posted by 97 SL320

If this is true, the buyer was very negligent is not posting this. He gave the impression that he paid in full a year ago then was waiting. I'd like to hear what the buyers defense is for not posting this vital piece of info.

Given the buyer was possibly deceitful in his prior postings, you are given some room.

The Buyer claimed he had emails back and forth.----- I find it strange the seller did not mention the emails which one would assume would support the sellers claim that the buyer could not accept shipment when the seller was ready to ship.---------------Also the seller could have simply have told the buyer he was not able finish the deal in the situations both of them were in and refunded the money and kept the Transmission to sell to someone else.

Diesel911 · #29 12-24-2018, 05:15 PM

Quote:

Originally Posted by ROLLGUY

I am not a fan of Soap Operas, but this is sounding like one the more it unfolds. I won't take sides on this one, I will just wait and see what happens. I do hope that in the end, everyone is satisfied. It is just sad to me that this has happened at this time of the year.

My opinion is the seller had all or part of the money and also the Transmission it seems to me it is the seller that is ahead if that is still the case (this is not a judgment who is right or wrong).-----This seems like a good case for Judge Judy.

rwd4evr · #30 12-24-2018, 06:35 PM

Yeah the emails are real. I've got them too. It was a like 4 months from when I had the parts pulled from the car till he paid in full, (for shipping to occur) one month no response from him one I'll pay 'friday" and dragged it out, and backed out of the hitch I was selling him, I let it get broken down into some payments. He had some things going on and so did I at different times, I'll leave it at that. It was close to ready to ship but in a plastic tote when I found the stuck bearing, it got shelved and I got busy with other stuff and forgot. I'm not trying to make soap opera BS. It's been too long since he was ready for it and I'll take blame for that but there is no malicious ripping anyone off going on here. When I was ready to do it and had time and motivation he couldn't take it. Then I was out of town for three months and came back trying to get caught up and it didn't get sent. My fault again. I have a job also this business is part of my income and I've done right by 99.9 pevent of my customers over the last three years. I'm making this right now. I built a crate last night it's ready to go. All 190 lbs of it. Freight shipping terminal is closed till Wednesday the 26 when it will ship. I'd post a pic but my phone isn't playing nice with this forum. I'll have to get on my desk top. My parts usually ship within a couple days, please don't think this is my normal business model.
Sorry again