Aftermarket catalytic coverter held hostage (LONG)???

[green95ss]

One of the flares on the passenger side catalytic converter of my aftermarket exhuast was not manufactured correctly, and would require modification for it to fit properly. I sent it to the company who I thought made it (they made the rest of my exhaust system)so they could fix the flare and send it back to me.

Since I did not purchase it from them originally, I didn't expect them to warranty the product and I knew that I would have to pay for the work.

However, once they received it, they said that it was not made by them. They also would not fix the flare either. I told them "fine"--that's no problem, just send it back to me and I'll pay the shipping and be on my merry way. I'll just have a local muffler shop weld a new flare on that would work better and not leak.

This is where the whole thing gets interesting. They said they would not send it back to me unless I found out who made this product, as they have a patent on the design of a catalytic converter that fits their exhaust system. This cat is evidence that there is someone who is infringing upon their patent. Once I found out who made it, then this company can photograph my catatlytic converter and pursue litigation against the manufacturer of my "non-geniune" part.

Why is the onus (sp?) on me to find out who made this? This is a product I bought secondhand and now they won't give me back my property. I don't owe them money for labor, since they didn't do anything. WTF?

They have been somewhat courteous about this whole thing, but the situation remains that I am getting screwed in that it is not MY patent that was infringed upon, yet I'm required to do the leg work to find out who's infringin upon it, all to only to get my cat back that still doesn't fit right!!! Can they do this to me? It is not their property. They can take pictures of it if they want, but they still need to send it back to me and let them find out who the f!ck made it!

What should I do?

Thanks,

Guhan

[Wavey]

Greater minds than mine will reply, but I can not believe that they can get away with this. Their claim is against whoever made the cat, not you. As far as I know it is not illegal to be in possession of an item that may or may not infinge on a patent. You own the part. If it is indeed "evidence", then it should be in the posession of the police, not them. My position would be they damn better well return it to you immediately. Might I ask who these *********s are?

[green95ss]

I don't want to publicly denounce (slander/libel or whatever) this company unless I have a solid plan on how to both protect myself and get my stuff back. I'll leave it at it being a "very popular brand".

[BruceC]

If they want to keep it, they should buy it from you.

[Steve 82SC]

Wavey made reference to the issue that if your property is being regarded as "evidence," then it should be in the posession of the police rather than this unknown company. The police will only inventory property regarding criminal issues, not civil issues such as this. However, it is turning into a criminal issue regarding the fact that this company will not return your rightfully owned property. Here's an example: there are plenty of these "knock-off" Gucci purses on the market. The real Gucci purse sells for $500-$800 and the knock-off costs a consumer $35. It's illegal for the seller of the counterfeit purse to sell the item and could, in fact, be arrested, prosecuted, and/or sued for the copyright infringement, etc. However, no law enforcement agency is going to arrest the buyer, unless he bought such items in such bulk that it could be constured or proven that he's going to re-sell such items for monetary gain. We're talking about a single catalytic converter here.....it really doesn't matter what they think. It's your property. It's incumbent upon them, NOT YOU, to dertermine who copied their design. You could involve the local law enforcement agency where their business is located, but if you're doing this long-distance, alot is going to get lost in the translation and it's really not the kind of case that's going to propel some police officer's career. Keep in mind that the law does not allow someone to hold your property when there's no active civil or criminal case pending. Good luck.

Steve

[green95ss]

I've asked for my property's immediate return. If they decline, can they pursue legal action against me if I disclose their name to this board?

[Steve 82SC]

You haven't slandered or libeled them, you just related a story, and I must say, you've remained quite polite in recounting the incident. If you mention their name without being accusatory, you have every right to express your dissatisfaction regarding their policies of doing business.

Steve

[Hugh R]

I'd take them to small claims court. If they're out of state you'll probably get a default judgement. Trouble is trying to collect. At least threaten them with this since they have absconded with your property.

[Danny_Ocean]

FWIW: Being a watch dealer, I can relate. If you (inadvertently) send a counterfeit Rolex to their factory service center for repair, they keep it and you receive a nasty letter from their attorney.

[Zeke]

Originally posted by Danny_Ocean
FWIW: Being a watch dealer, I can relate. If you (inadvertently) send a counterfeit Rolex to their factory service center for repair, they keep it and you receive a nasty letter from their attorney.

I suppose that relates and I've heard the same, not even being a watch dealer. Somehow, I wonder about the cat deal. This company must have an attorney. Contact the attorney tomorrow and get the story from him. If he/she stands by the decision that they will keep your cat, call the police and file a report ant let it go.

But, my opinion is the same as above, you have no obligation to them. If anything, they have an obligation to you. Anyone who knows me well enough can tell you that if I were in your position, their name would be in this thread.

[green95ss]

I'm waiting for a response to my email. They've been courteous so far, so I'll wait to see if they remain courteous after I demanded the return of my property. If they come back rude--I will describe the exact details of my experience with them, naming names, and not feel bad doing it.

This company is known for excellent customer service and high quality products. I have not seen any complaints on this forum about them, so I'll just consider this a minor hiccup if they make good on this issue. I will keep everyone posted.

Guhan

[snowtire]

What happened?

[green95ss]

No response yet--but I am going to send another message right now...

[mambodave]

what they should do... Is exchange it for the real part...and keep the one you sent as evidence for a civil suit...

But ..Thats only me if I owned that Company.

[ianc]

If you got a few spare minutes on your cell phone, I'd definitely give the local PD a ring and give them the short version and ask their opinion on the matter,

ianc

[Head416]

Most people/companies can get away with whatever they want just because nobody calls them on it. My understanding is that they cannot hold your property, regardless of whether you owe them anything or not (which I don't think you do).

In any case, make sure you communicate in writing and send it certified mail - keep copies. (Old school, I know, but it's still the standard for this sort of thing.) In the letter, make reference to any emails and phone conversations that have taken place and summarize the relevant points. ("In your email on... you refused ....") Indicate that you expect them to respond to you in writing, and that you will take action if your property is not returned to you. If they're paying any attention this should send a very clear message that you're laying the groundwork for legal action.

[sammyg2]

They have had plenty of time to reply to you and are obviously blowing you off.
I say out them. Tell the world who they are and you will get your part back. I figure after a couple hundred e-mails from fellow pelicans they will hand deliver it to your door.
Bad publicity is more damaging to them than one copy-cat (get it? CAT? I made a pun).

[Danny_Ocean]

Originally posted by ianc
If you got a few spare minutes on your cell phone, I'd definitely give the local PD a ring and give them the short version and ask their opinion on the matter,

ianc

It's not a criminal matter. The local po-po will

[MattAlpha]

Make the company a deal:

Tell them that they can keep the cat for evidence only if they will sent you one of their's in its place.

Its a simple trade per-say. You both win, they get their evidence and you get the cat you wanted.

If they refuse, tell them that you will contact the police since they are refusing to return your property. If they still refude call the police and report them. Then write back and tell us what company it is. It would be interesting to know at least.

Just my opinion,
Matt

[ianc]

It's not a criminal matter.

Theft always has been, to the best of my knowledge,

ianc