Steve6443 wrote:
Cobalt wrote:
While it may seem that going after a company’s reputation is a bit, umm, vindictive, it is unfortunately the way things go.Vindictive? Really? So taking money but not providing the goods for it is, in your mind, ethical, is it? If a company is being unethical, they deserve everything they get. The more people who avoid them, the better. Maybe then they won’t make promises they can’t keep / take money under false pretences….
I write seem for a reason – if the purpose is to get the other side to act, it helps to achieve the goal, which is delivery or compensation. Going after a bully/liar/etc is not vindictive, but part of the arsenal to enforce the contract, and often more successful than negotiation and ultimately going to court.
If they don’t keep the promise because they don’t want to, they deserve what is coming. And one is doing it to get what they promised
If they don’t keep the promise because they genuinely can’t, then, IMO, it becomes vindictive, and it looks more like one is doing it to get revenge.
I have to say that when I first read this thread, I thought “Promise…..I wouldn’t put too much faith in a promise by a salesman”.
But seeing the voucher, I feel this is far more than a promise. It looks to me as a formal part of the contract to buy. They put to paper their committment to supply the upgrade, so there can be no doubt about what was promised nor the fact that it was promised.
I think Timothy is right to purse this.
Cobalt wrote:
If they don’t keep the promise because they genuinely can’t
…then they should give full financial compensation, which, in my case, would be to pay for the supply, fit and certification of a GTX345. The only company that genuinely can’t is a dead company.
I am not sure why this shouldn’t be a legal case. But I’m not familiar with the UK legal system.
And you seem to have many reasons to be upset.
…oh, and by the way, I managed to unsell another IFD this morning. Friend of a friend called to ask about Aspen, and I talked him from IFD to GTN, fully explaining the rationale.
Was I being vindictive toward Avidyne or trying to protect my friend? Maybe some of each, but mainly the latter.
EuroFlyer wrote:
I am not sure why this shouldn’t be a legal case. But I’m not familiar with the UK legal system.
Because, in legalistic terms, it would be very difficult to enumerate the losses, they would be bound to be less than the cost of rectification.
Also they can afford to bury me. They would ensure that it lasted forever and cost a fortune. That would be the same in UK and US, I’d be surprised if it were different in Edit: Germany.
In my experience, only two types of people recommend going to law: lawyers and those who have never done it.
I sued Zurich Insurance and won a full settlement, but if I had known how much effort, grief and time it would take, I would not have started. Only vindictiveness kept me going! (That was a very straightforward case of “we are not going to pay your claim because we are bigger than you and have lawyers on staff so 
you”)
Timothy wrote:
Was I being vindictive toward Avidyne or trying to protect my friend?
No. Of course when asked, be honest. Even bring it up on a forum, that’s just normal. But somewhere between this and picketing their stand at an aviation event holding up a sign “Avidyne are cheating b*stard$” there probably is a line…
…yeah, well, as you probably know from Biggin chatter, I probably can’t be there this year anyway, so the point is somewhat moot.
Do they have UK assets / a UK business identity?
If not, the difficulty is 10×.
It’s obvious that they could pay for a GTX345 etc but equally obvious that they won’t because they know it would get out and open the floodgates to hundreds or thousands of similar claims. However an individual settlement (under an NDA) is possible – Lycoming have done those in the SB569 days. AFAIK, you had to actually engage lawyers to get it however.
Timothy wrote:
on staff so you”)
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