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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 00:50 
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but you were willing to settle for 18k right? So you're going to court over the difference between 18 and 25k, no?

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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 00:52 
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Username Protected wrote:
Yes. I think the operative phrase is "that's how my maintenance program was written". We were presented no evidence nor could we find any to suggest it was so written for this airplane.

So, it was only 25 hours past the nominal HSI interval?

The HSI interval, and any tolerance, is usually specified in document provide by the engine maker.

SB 7003, rev 21:

https://support.cessna.com/custsupt/con ... s_id=15344

This one suggests HSI has a +/- 50 hour tolerance. See page 5.

Quote:
In fact , the owner indicated that PW could provide a grace period at the cost of $10k but that wasn't economically justifiable.

So the lessor wants to lease you an airplane up against HSI, have YOU pay for the HSI or extension, then take back the airplane?

Well, that's ballsy.

I can understand the bitterness here, but given you are out 20 hours of operating costs, I don't think the legal angle will pay off. You are in for a frustrating long process where you won't recover all of your money, perhaps none of it, and none of your time.

There is a time to stand up for one's principles, and there's a time to chalk it up to experience and move on. This feels like it is in the latter category to me.

Mike C.

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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 01:01 
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Username Protected wrote:
but you were willing to settle for 18k right? So you're going to court over the difference between 18 and 25k, no?


But he didn't agree to anything so the baseline is $0. Not $18. I am going to court for $25k and legal fees. $18k makes me go away.

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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 01:12 
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Username Protected wrote:
Yes. I think the operative phrase is "that's how my maintenance program was written". We were presented no evidence nor could we find any to suggest it was so written for this airplane.

So, it was only 25 hours past the nominal HSI interval?

The HSI interval, and any tolerance, is usually specified in document provide by the engine maker.

SB 7003, rev 21:

https://support.cessna.com/custsupt/con ... s_id=15344

This one suggests HSI has a +/- 50 hour tolerance. See page 5.

Quote:
In fact , the owner indicated that PW could provide a grace period at the cost of $10k but that wasn't economically justifiable.

So the lessor wants to lease you an airplane up against HSI, have YOU pay for the HSI or extension, then take back the airplane?

Well, that's ballsy.

I can understand the bitterness here, but given you are out 20 hours of operating costs, I don't think the legal angle will pay off. You are in for a frustrating long process where you won't recover all of your money, perhaps none of it, and none of your time.

There is a time to stand up for one's principles, and there's a time to chalk it up to experience and move on. This feels like it is in the latter category to me.

Mike C.


So your vote is take the loss $25k ...lesson learned. Ok. Understand. Would you involve the FAA? Would you go social ninja on him? Or just tip your hat to him that he conned you and life goes on.
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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 01:16 
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Seriously if there is a consensus that getting screwed for $25k is just the price of doing business I have to consider that. You ok if I just drop it and let each successive guy learn th same lesson?

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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 01:21 
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Username Protected wrote:
Mark,
I think you are 100% correct
However suing is a losers bet.

Between your time and what you will spend on lawyers there is now way that you will not spend the 25k or more.

Settle with the guy move on and enjoy life.

My .02


I like it. How? Two to tango and all that. Give me some ideas.


Mark,
First I would try to understand where he is coming from. Then see if he can understand all the reasons that you feel screwed (write your points down before the conversation) If you understand his side then settlement ideas can come from that.

Right now you both are doing the lawyers dance and it's costing you both. Better use of those funds is to settle.

Maybe you both could agree to binding arbitration where you both tell your story and the arbitrator makes a decision and you are done.

Make sense?

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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 01:22 
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Username Protected wrote:
Seriously if there is a consensus that getting screwed for $25k is just the price of doing business I have to consider that. You ok if I just drop it and let each successive guy learn th same lesson?


Losing won't change his character.

You could lose and be out a grip with a countersuit.

You got 7 hours so the loss is something less than $25K.

Nobody really wins in a lawsuit.

Life is too short.

Tell your story accurately with detail and documentation online. This will serve your stated purpose and save the money and headache.

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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 01:26 
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Username Protected wrote:
So your vote is take the loss $25k ...lesson learned. Ok. Understand. Would you involve the FAA?

No. Possible backfire on you. Possible he can actually explain the issue satisfactorily. Will not get back any of your money.

Quote:
Would you go social ninja on him?

That bell can't be unrung as this thread illustrates. Realize that you are seeking only vengeance by doing so.

Quote:
Or just tip your hat to him that he conned you and life goes on.

Yes.

You only have so much emotional energy and hours of life, spend it elsewhere.

If you knew you would die soon, would you spend time on this? I bet you'd find something more rewarding to do with what life you have left. In the end, all you have is time, use it wisely.

Mike C.

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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 01:33 
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Username Protected wrote:

If you knew you would die soon, would you spend time on this? I bet you'd find something more rewarding to do with what life you have left. In the end, all you have is time, use it wisely.

Mike C.


Excellent

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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 06:10 
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Joined: 05/29/13
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Username Protected wrote:
So your vote is take the loss $25k ...lesson learned. Ok. Understand. Would you involve the FAA?

No. Possible backfire on you. Possible he can actually explain the issue satisfactorily. Will not get back any of your money.

Quote:
Would you go social ninja on him?

That bell can't be unrung as this thread illustrates. Realize that you are seeking only vengeance by doing so.

Quote:
Or just tip your hat to him that he conned you and life goes on.

Yes.

You only have so much emotional energy and hours of life, spend it elsewhere.

If you knew you would die soon, would you spend time on this? I bet you'd find something more rewarding to do with what life you have left. In the end, all you have is time, use it wisely.

Mike C.


Fascinating. Thanks.

What amount of money should you suggest justifiies pursuit?

What sort of mahlfeasence would have to occur to compel you to make your fellow pilots aware of the risks of doing business with certain companies?

Seems to me if this happened to you and you didn't attempt to inform me of the risks I was walking into you would be to some degree culpable no?
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Last edited on 01 Jun 2016, 06:31, edited 2 times in total.

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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 06:22 
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Joined: 05/29/13
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Username Protected wrote:

If you knew you would die soon, would you spend time on this? I bet you'd find something more rewarding to do with what life you have left. In the end, all you have is time, use it wisely.

Mike C.


Excellent


Well if I knew I was going to die soon I wouldn't spend a lot of time on BT I suppose.
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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 06:22 
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Username Protected wrote:

If you knew you would die soon, would you spend time on this? I bet you'd find something more rewarding to do with what life you have left. In the end, all you have is time, use it wisely.

Mike C.


Excellent


But the irony is delicious :lol:
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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 06:43 
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Mark,

No one can make this decision but you. I've been on both end of lawsuits and there are no winners in cases like these. $25k in trivial when you accurately account for your time and the stress that will be associated with this suit. Unfortunately regardless of the outcome it won't change the owner's character, and it certainly won't bring about sweeping reform.

Everyone always says the attorneys are the only winners - that's a bit crazy - as they are simply doing the job we hired them to do.

One final thing - if you think you will find more "support" on the Cessna boards - you might be in for a surprise - there might be a lot of owners who interpret the rules about HSI the same as the guy you want to bring suit against, and a lot of pilots "operators" who either are clueless or do what many others accept as a standard practice....

Good luck with your decision.

Peace,
Don


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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 07:46 
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I could argue with the folks that say move on. Life is too short. The only thing we spend that is not recoverable is time.... and as one gets a bit older time becomes more valuable.

I could also argue that it takes and effort to do the homework. (Not saying it wasn't done, as sometimes we can't get all the info we need to do a deal). I could argue to not put deposits down unless there's an iron clad way to get them back if you feel you're being screwed... and have someone else hold them. Sometimes you just have to pass on a deal or treat the deposit as a "possible education" and walk from it, if the deal is good enough.

Mark, you're choice, and best to whatever you do. You do have great council so you're in good hands. Just a thought... you might find someone over on the Cessna board in the same situation that may be an asset. Good luck.

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 Post subject: Re: Suing a Citation aftermarket modifier
PostPosted: 01 Jun 2016, 08:16 
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Quote:
Realize that you are seeking only vengeance by doing so.


That may be your impression, I think (my impression) that he wants a con exposed to save others from being taken. Or at least to have the owner understand the HSI requirement.

Jeff

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