Public Mediation

Gulf Coast Harley Davidson Dispute

N. K. vs. Gulf Coast Harley Davidson
5817 State Road 54, New Port Richey, Florida, 34652-6023, United States
Amount Involved: $1,700.00
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Statement of Claim
Complaints Involved (5) - View
Claimant says:
"I bought a used street glide HD, the sticker price was $15,500. I was told it was a one owner and it was an all original bike and the previous owner worked there in the back and his name was Gary. I rode the bike home and left it in my garage for a couple of days while I rode my car to work. I then flew to Philadelphia for a US Journal conference for six days. When I returned I rode the bike to one of my work stops twice so I put about 300 miles on the bike. The next day I noticed that the paint was chipping off the left rear hard bag and underneath the pewter denim paint it was metallic blue. Needless to say, I was very disappointed, I did not want the bike because the paint was not original. I immediately took the bike back and they told me that maybe it was primer etc. I explained that I used to have a paint shop and there is no such thing as metallic blue primer. The supervisor (big George) then took me to the man who owned the bike (Gary)and they both swore that the bike came from Harley that way and they did everything they could do to convince me of that. Of course I know better than that. So one thing led to another and they realized that I was not going to go for what they were telling me so finally they said "well what do you want to do". I said I don't want the bike, if I would have known that the paint was not original I would have never bought the bike with such a terrible paint job. So big George said ok we will trade you out of it, go pick a bike. (I traded in a 1997 custom beautiful softail and gave $10,200 cash for the street glide I am complaining about.) So I picked a new 2014 Dyna street bob with a sticker of $13,800. I said I will take this one. To make a long story short, they charged me another $923.00. I argued with them that I actually should get money back because this bike is $13,800 and the previous bike I am bringing back was $15,500 a difference of $1,700 and you are going charge me another $923. Then big George began to tell me about shipping and handling and that they were only giving me 13,500 for the trade in. I said I am not trading it in, I am bringing it back because I was deceived into believing that it was all original and the bike was sold to me under false pretenses. No one would admit to painting the bike. Yes, the original title says pewter denim but the bag was blue underneath the pewter denim and I know it did not come from Harley that way. I believe that I have been ripped off for over $2600.00. If I am wrong, you tell me I am wrong and I will forget about the whole thing."
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Additional Communication Between Claimant and Gulf Coast Harley Davidson Hide
  • Oct 28, 2014, Claiming party added:

  • Facebook is starting to get involved.

  • Oct 29, 2014, Claiming party added:

  • I have talked to a lawyer and if it isn't resolved by Nov. 6th she will take the case. She another one pending.

  • Nov 24, 2014, Claiming party added:

  • How about, (at least for now) refunding me the the $499.00 you charged me for the one thousand mile service because I do not want my bike serviced by gulfcoast. Is this a possibility? Can I please have my $499.00 that you charged me for my one thousand mile service that I have not received yet? Remember George? You said that the extra $923.00 that you charged me on top of the $1,700.00 difference in the sticker prices was for shipping and the $499.00 service charge for the one thousand mile service which you initially said was free but then forgot you said it and disclosed it while you explaining the $923.00 charge. Remember? ?. Well, if you haven't forgotten, can you please refund the $499.00? Send it to me please. Thank you. Nelson kowalczyk

What Claimant Wants Hide
1. Compensation: The difference between the two sticker prices of the bikes bought Nov 10, 2014 $1,700.00
2. Other – Copy claim to regulators Nov 10, 2014 $14.99
3. Other – Pay for claim posting cost Nov 10, 2014 $7.99
4. Other – Physical delivery charges Nov 10, 2014 $2.99
Just make me happy!
Claimant invites Gulf Coast Harley Davidson to make a fair offer to resolve this complaint.
Cash total : $1,725.97
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Peoples Claim.com Claim # 2721728-189831 Filed by: Nelson Kowalczyk, October 26, 2014
    Named individuals in this response:
    Nelson Kowalczyk , purchaser of a 2007 street glide , model designation FLHX from Gulf Coast Harley-Davidson.
    George Kazery, General Manager of Harley Davidson of New Port Richey. Cody Hansen, Fixed Operations Director, Gary Williams (previous owner), Parts & Accessories Associate at Harley Davidson of New Port Richey .
    Conducting the complaint investigation: Gary A. Postle, Executive Manager of Tampa, Brandon, New Port Richey, Tallahassee and Panama City Beach Harley Davidson.
    Mr. Kowalczyk came into Harley Davison of New Port Richey on 10/8/14 and purchased a used 2007, FLHX street glide. Mr. Kowalczyk traded in his 1997 FXSTS. Retail on the used 2007, FLHX Street Glide was $15,495. Mr. Kowalczyk paid $ 10,200 cash for the motorcycle. On October 25, 2014 Seventeen days later, Mr. Kowalczyk returned to the dealership and asked George Kazery to accompany him to look at the 2007 FLHX, street glide he purchased. As they began to look over the bike, it was brought to George Kazery attention that there were several paint chips on the left saddle bag and the left side panel. There was also a hint of blue paint or possibly blue primer underneath the paint. Mr. Kowalczyk then proceeded to claim that the motorcycle was not previously owned by only one person. He also then claimed that the motorcycle had been repainted and was not of its original factory paint set. Cody Hansen contacted Harley-Davidson Motor Company reference the painting and primer used. Everything is according to factory specifications; Guest care number 1-800-258-2464 ref. number 2351954
    The 2007, FLHX street glide that Mr. Kowalczyk purchased was traded in by and previously owned by one of Gulf Coast Harley Davidson’s employee’s, Mr. Gary Williams. At that point George Kazery proceeded to ask Mr. Williams if would discuss the matter with Mr. Kowalczyk , in order to clear up an issues regarding the authenticity of the paint on the 2007 FLHX. After speaking with Mr. Kowalczyk, Mr. Williams then proceeded to show Mr. Kowalczky the SWR, motorcycle vehicle history report, clearly showing the original factory color of the motorcycle was Pewter Denim which was the current color of the motorcycle at the date of purchase. Cody Hansen, the Fixed Operation’s Director for Harley Davidson of New Port Richey also confirmed with Mr. George Kazery that the SWR report was correct and accurate. Mr. Hanson additionally confirmed the color of the 2007, FLHX based on the fact that he was an employee of the company at the time Mr. Williams purchased the bike and clearly remembered the bike being purchased in its original factory color of pewter denim.
    Mr. Kowalczyk disagreed and stated that at this point he longer wanted the motorcycle. George Kazery then asked Mr. Kowalczyk would he prefer to trade him out the 2007 FLHX and get him on another motorcycle of his liking.
    George Kazery informed him that he would give him the absolute best deal possible. Mr.Kowalzcyk then proceeded to pick out a brand new, 2014 FXDB which retailed at $13,345.
    George Kazery gave him a bottom line price of $ 926.00. George Kazery appraised the 2007 FLHX for the same amount originally put into the bike at his time of purchase. The 2014 FXDB was limited to a less than $300 profit for the company, clearly showing Gulf Coast Harley-Davidson commitment to satisfy Mr.Kowalczyk. Mr.Kowalczyk then proceeded to tell George Kazery that he should have purchased the 2014 FXDB in the first place and that he had made a $2,000 mistake by purchasing the 2007, FLHX.
    It should also be noted that the 2007, FLHX was a used motorcycle. Paint schemes or factory paint was never discussed or brought in conversation by Mr. Kowalczyk at the time of purchase. Gulf Coast Harley-Davidson had no indication whatsoever that he was unsatisfied or unpleased with the 2007, FLHX at the time of purchase.
    After a complete and thorough review, Gulf Coast Harley-Davidson did not overcharge, intend to defraud or fail to honor any promise made to Nelson Kowalczyk on his original purchase. Mr. Kowalczyk was treated more than fairly on the purchase of his new 2014 FXDB as noted above.
    Gary A. Postle
    Executive Manager
    "

This claim will remain posted until resolved.

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  • Comment: by Claimant On: 11-07-2014
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  • There is no such think as metallic blue primer. You can argue and brain wrestle and twist and turn the facts all you want but the truth will stand the test of time and lies will be exposed. The bag had been repainted with pewter denim over blue metallic and it did not come from the Harley Factory that way. I was told that the bike was a one owner and that it was original but the paint on the bag was not original. I did not argue the fact that it was a one owner, I knew it was owned by an employee who bought it new, I was told that from the beginning. My whole disappointment and argument is the fact that the bike did not have an original paint job in its entirety, period. If I had of known that from the beginning, I never would have purchased the bike. Nobody would be man enough to admit that the bag (or bags?) had been replaced or damaged and repainted. I even brought the salesman out and showed him and his statement was (sure enough, it is metallic blue underneath) So you can add all the unnecessary and untruthful manipulative information you want but it doesn't change the facts, the truth, the bag had been repainted and it was a terrible paint job, no primer no sanding (if there was any sanding it was a quick 1200 wet sand) I am an experienced painter, my son is a professional Ford and Lincoln dealership painter. Why continue to lie abut the bag, Ray Charles could see it was Pewter denim shot over blue metallic and the paint was flaking off with the slightest bump or scuff. Man up and tell the truth. If you would have been truthful when I brought it back,,,, an open channel can accomplish a lot but that wasn't the case, you guys tried to play me like I was a freakin idiot and make me believe that the bike came that way from Harley seven years ago. Is that actually the way you treat the people who sign your checks? Hey, I'm done with the brain wrestle and lies. Its not about the money, it never was, its about what's right. People do the right thing because the right thing is the right thing to do. Now I'm apprehensive about bringing my new bike in for the 1000 mile service (that I have already paid for in advance) because as petty as this thing is getting someone might sabotage my bike. Speaking of the 1000 mile service, when I was trying to talk about the $923.00 that I was being charged and the $1700.00 difference between the two sticker prices on the bikes I purchased, (big George) was telling me that my 1000 mile $499.00 service was free, "see if Jim's HD will service your 1000 mile service for free". After a few more words about the $923.00 he slipped and the $923.00 is for shipping and your 1000 mile service. Oh! I exclaimed, really? I thought you said it was free? Come on people, Truth, the truth will set you free, try it sometime. You can't wiggle your way out of the truth because it is what it is, the truth. You guys failed to disclose the truth about the repainted bag. Like I said before, if it had been a good paint job, I may have never known and we wouldn't be going through this right now.
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