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Author Topic: Local Harley Dealer will not return my bike - recall issue  (Read 7996 times)

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Fired00d

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #15 on: September 11, 2014, 03:27:35 PM »

You should have called 911 when they refused to give your bike back... that is grand theft auto (motorcycle). Pay for the service don't sign anything that states you are aware of any defects, recalls,  etc. and ride away. If it was such a big deal they should have notified you by certified mail, came to your house picked up your bike, and either gave you a like model to ride while yours wasn't available (or some monetary compensation if no like model was available ie: what they {MoCo dealers} charge for daily rental of touring bikes), and return your bike to you when the work was complete. It is their Eff up not yours they (MoCo) should be held accountable.

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Cat Eye

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #16 on: September 11, 2014, 03:28:22 PM »

Legally they can't not keep your bike...unless they have an "Order of Repossession" from the lien holder.

Whether you choose to ride the bike is your decision.

I appreciate what your dealer in doing....just not the way they are executing.

Telling you that they can't release the bike because HD says so.... is a lot different than telling you that there is a problem and we need to discuss the safety issue of the clutch and lets work something out.

Regardless....this scares the hell out me....going to OC Bike week today....with all the bikes cruising the strip and now knowing this potential problem.....:'( :'( :'( :'(

Be careful all you guys these clutches

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King2013

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #17 on: September 11, 2014, 06:10:36 PM »

You should have called 911 when they refused to give your bike back... that is grand theft auto (motorcycle). Pay for the service don't sign anything that states you are aware of any defects, recalls,  etc. and ride away. If it was such a big deal they should have notified you by certified mail, came to your house picked up your bike, and either gave you a like model to ride while yours wasn't available (or some monetary compensation if no like model was available ie: what they {MoCo dealers} charge for daily rental of touring bikes), and return your bike to you when the work was complete. It is their Eff up not yours they (MoCo) should be held accountable.

 :pumpkin:
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Fired00d
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Totally agree!  Time for the MoCo to pay for their lack quality control and poor customer care.
We pay time and time again, why shouldn't they? Not like they can't afford it.
 
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mark

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #18 on: September 11, 2014, 08:00:58 PM »

This is the most absurd thing I've ever heard.  Please ask them to cite a federal or state statute/regulation that allows them to seize property they do not own.  Let's think about that for a moment:  the previous owner of a piece of property determines the current owner cannot safely own the property so the previous owner can seize it without so much as a court order or any manner of due process.  I can think nothing in our legal system that allows a private entity to seize property without some type court authorization.  The MoCo gave up ownership rights of that motorcycle when they sold it...I guess the dealership doesn't know that.  Idiots.

Although I would expect the police to say this is a civil matter, I'd like to see you file a theft complaint with your local PD and see how the dealership responds.
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MDW

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #19 on: September 12, 2014, 12:23:52 PM »

Update - I picked up my bike today and recall has been fixed.  It is the seal/plunger in the master cylinder that was replaced.  While I am happy to have it back I am still not happy with them keeping my property hostage.  I contacted the State Attorney General who basically did not help since they state they do not provide legal advice or would get involved here since they viewed this as a civil matter (you have to love our government in action); they simply pointed me to review the Colorado Revised Statutes. 

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Mike
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mark

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #20 on: September 12, 2014, 01:02:46 PM »

Update - I picked up my bike today and recall has been fixed.  It is the seal/plunger in the master cylinder that was replaced.  While I am happy to have it back I am still not happy with them keeping my property hostage.  I contacted the State Attorney General who basically did not help since they state they do not provide legal advice or would get involved here since they viewed this as a civil matter (you have to love our government in action); they simply pointed me to review the Colorado Revised Statutes.

I just noticed you're in Longmont.  If I were you I'd go to Oskar Blues and have a couple to "cool off" after this ordeal.
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wachuko

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #21 on: September 12, 2014, 01:05:50 PM »

Update - I picked up my bike today and recall has been fixed.  It is the seal/plunger in the master cylinder that was replaced...

Thank you for the update!!  Glad you have your bike back.

I need to call the local dealer to check if they have the repair kits available.
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MDW

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #22 on: September 12, 2014, 01:43:00 PM »

I just noticed you're in Longmont.  If I were you I'd go to Oskar Blues and have a couple to "cool off" after this ordeal.

Oskar Blues is always a nice place to cool off. 
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Mike
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wachuko

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #23 on: September 12, 2014, 02:08:55 PM »

Got my appointment done for tomorrow at noon...  :2vrolijk_21:
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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #24 on: September 12, 2014, 05:02:21 PM »

Here is the recall info.

Harley Davidson Motor Co—2014 H-D FL Touring Hydraulic Clutch
PRA number: 2014/14315
Date published: 12th September 2014
Product information
Product description
Certain 2014 FLHTCU, FLHTCU TC, FLHTK, FLHTK SHRINE, FLHTP, FLHX, FLHX SHRINE, FLHXS, FLHTKSE and FLHRSE model motorcycles built 22103/2013 through 18/07/2014 (US) and 25103/2013 through 20108/2014 (outside US), equipped with original equipment Clutch Master Cylinders or Chrome Accessory Clutch Master Cylinders may have a condition affecting motor vehicle safety.
Identifying features
Recall campaign number: 0159
What are the defects?
These motorcycle models may develop a tear in the primary cup (seal) of their Hydraulic Clutch Master Cylinder piston.
What are the hazards?
If this condition occurs, the system may lose the ability to maintain enough lift to keep the clutch disengaged and if this condition remains undetected, it could allow the motorcycle to "creep" forward from a stop, which could lead to a loss of control of the vehicle possibly causing a crash.
Where the product was sold

    Nationally

Traders who sold this product
Harley Davidson dealers
Supplier
Harley Davidson Motor Co
What should consumers do?
A letter will be sent to affected owners.

If the motorcycle is affected, dealers will replace the Clutch Master Cylinder Piston Assembly with replacement components provided in a kit specifically for this recall.
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halfcirclej

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #25 on: September 12, 2014, 05:10:58 PM »

I guess this is a new part an not like the one on my 2011 CVO hydraulic clutch? It's probably made in china with inferior parts, improper assembly or improper bleed at moco. Some one help me out here should I be concerned?
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Mitch

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #26 on: September 12, 2014, 07:16:55 PM »

I guess this is a new part an not like the one on my 2011 CVO hydraulic clutch? It's probably made in china with inferior parts, improper assembly or improper bleed at moco. Some one help me out here should I be concerned?

The recall notice gives very specific build dates.  It would appear your 2011 is well clear of the issue.   :2vrolijk_21:
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b407driver

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #27 on: September 12, 2014, 07:48:32 PM »

While I'll agree that the dealer has no right to hold your vehicle, he is looking out for his own liability. If you take the bike out without having the recall done and you are injured, the dealer can be sued. Weather or not you will win is subject to debate, but the dealer still has to bear the cost of legal fees to defend himself. Here is an example: A friend of mine is an aircraft mechanic. He was working on an airplane and needed to replace a cable that he had to order. He put in a temporary fix and told the owner "do not fly the aircraft". Sure as sh!t, the guy flies the airplane, crashes and is injured. He sues the mechanic, wins the lawsuit (damn juries) and my buddy loses his A&P license and has to pay 70 grand in legal fees.
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mark

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #28 on: September 12, 2014, 09:41:46 PM »

While I'll agree that the dealer has no right to hold your vehicle, he is looking out for his own liability. If you take the bike out without having the recall done and you are injured, the dealer can be sued. Weather or not you will win is subject to debate, but the dealer still has to bear the cost of legal fees to defend himself. Here is an example: A friend of mine is an aircraft mechanic. He was working on an airplane and needed to replace a cable that he had to order. He put in a temporary fix and told the owner "do not fly the aircraft". Sure as sh!t, the guy flies the airplane, crashes and is injured. He sues the mechanic, wins the lawsuit (damn juries) and my buddy loses his A&P license and has to pay 70 grand in legal fees.

The dealership may have been concerned with liability, but that still doesn't give the them the authority to seize property.  I imagine this was one of those instances that as word passed thru the dealership, the actual wording from the MoCo was obscured.  I'm sure mother Harley's legal eagles didn't tell dealerships to keep customers bikes, against their will, until parts could be replaced.
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grc

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Re: Local Harley Dealer will not return my bike - recall issue
« Reply #29 on: September 13, 2014, 09:11:24 AM »

While I'll agree that the dealer has no right to hold your vehicle, he is looking out for his own liability. If you take the bike out without having the recall done and you are injured, the dealer can be sued. Weather or not you will win is subject to debate, but the dealer still has to bear the cost of legal fees to defend himself. Here is an example: A friend of mine is an aircraft mechanic. He was working on an airplane and needed to replace a cable that he had to order. He put in a temporary fix and told the owner "do not fly the aircraft". Sure as sh!t, the guy flies the airplane, crashes and is injured. He sues the mechanic, wins the lawsuit (damn juries) and my buddy loses his A&P license and has to pay 70 grand in legal fees.

Where your buddy screwed up was in putting in that "temporary fix" and then "telling" the owner to not fly the plane.  He should not have put in that temporary fix, and that is why he was held liable.  Telling someone something doesn't mean diddly in a court of law, even if you can prove you actually did tell them.

Jerry
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