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499Foley Engines responds to the BBB

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  • Flying Pig
    May 1, 2010
      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:

      This response from Foley was sent to the BBB on 4-1 (appropriately, April
      Fool's Day).

      Contact Name and Title: Philip George, Service Mg
      Contact Phone: 508-753-2979
      Contact Email: phil@...
      Dear Sir/Ms.,

      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.

      Best Regards,

      Philip George
      Service Manager

      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 http://www.cyberlibel.com/libel.html#Number%201 : "The
      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
      http://www.sailnet.com/forums/gear-maintenance/11844-foley-engines.html as
      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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