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  1. #376
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    Click here to enlarge Originally Posted by Benz280SL Click here to enlarge
    Does this resonate with you?

    "The rule against hearsay is aimed at prohibiting the use of a person's assertion, as equivalent to testimony to the fact asserted, unless the assertor is brought to testify in court where he may be placed under oath and cross-examined"
    We aren't in court, we aren't trying this, it is as simple as reporting an eye witness account. JRCART is directly involved in his insurance issues, I hope this resonates with you.

    So, what point are you making exactly? That JRCART has been lying this whole time? He just made the insurance issues up? That he isn't a reliable source? You state you would be angry if someone stated something as fact if it wasn't true. Well, it is true, so you can stop being angry now.

  2. #377
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    I'm amused watching laymen talk about hearsay. Y'all know there are exceptions, right? There's also a best evidence rule that comes into play...as well as document authentication. It's pointless to even bring up the word "hearsay" when speaking of assertions where there is no legal claim even made.

  3. #378
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    0 out of 4 members liked this post. Reputation: Yes | No
    Click here to enlarge Originally Posted by Sticky Click here to enlarge
    We aren't in court, we aren't trying this, it is as simple as reporting an eye witness account. JRCART is directly involved in his insurance issues, I hope this resonates with you.

    So, what point are you making exactly? That JRCART has been lying this whole time? He just made the insurance issues up? That he isn't a reliable source? You state you would be angry if someone stated something as fact if it wasn't true. Well, it is true, so you can stop being angry now.
    Well, just for fun, lets pretend we are in court....and you are asked to produce evidence that establishes the clams made by YOU as FACT. I gather that you are prepared to do so and look forward to that opportunity?

  4. #379
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    Click here to enlarge Originally Posted by Benz280SL Click here to enlarge
    Well, just for fun, lets pretend we are in court....and you are asked to produce evidence that establishes the clams made by YOU as FACT. I gather that you are prepared to do so and look forward to that opportunity?
    Looks like Brad called in the cavalry.

  5. #380
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    Click here to enlarge Originally Posted by Yomama69 Click here to enlarge
    I'm amused watching laymen talk about hearsay. Y'all know there are exceptions, right? There's also a best evidence rule that comes into play...as well as document authentication. It's pointless to even bring up the word "hearsay" when speaking of assertions where there is no legal claim even made.
    Yes, there are indeed exceptions.....and I'm very familiar with best evidence rule. You've missed the "no legal claim even made" part by a mile counselor.

  6. #381
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    Click here to enlarge Originally Posted by Benz280SL Click here to enlarge
    Yes, there are indeed exceptions.....and I'm very familiar with best evidence rule. You've missed the "no legal claim even made" part by a mile counselor.
    I did? I haven't seen a complaint or petition. All I've seen is a condescending and unprofessional threat.

  7. #382
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    so, i have a question:


    Guy A tell guy B something, Guy C sues guy B for saying it. doesnt hearsay turn to fact when guy A is called upon to confirm both what happened and what was said?

  8. #383
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    Click here to enlarge Originally Posted by LostMarine Click here to enlarge
    so, i have a question:


    Guy A tell guy B something, Guy C sues guy B for saying it. doesnt hearsay turn to fact when guy A is called upon to confirm both what happened and what was said?
    Rules of evidence are complex and not clear cut. Can't just say Guy A can testify to it, because it has to meet relevancy requirement before anything else, but there's limine procedure that comes into play concerning evidence before even starting the trial.

    I don't even know why this is being discussed.

    Just about every body shop inflates the amount of labor repair cost to the insurance company. If you want to call that insurance fraud, then yes, insurance fraud is a standard practice in the industry.

  9. #384
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    just curious is all. thanks

  10. #385
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    I'd like to start a new poll on Benz280SL's identity....

    Todd Serota OR Christopher Mears

    Either way, the intention seems to be to cause problems.

  11. #386
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    Click here to enlarge Originally Posted by Benz280SL Click here to enlarge
    Well, just for fun, lets pretend we are in court....and you are asked to produce evidence that establishes the clams made by YOU as FACT. I gather that you are prepared to do so and look forward to that opportunity?
    How about just for fun we don't? What, we are playing mock court now online? Let me guess, you want to play dress up as the judge?

    I gather there is more than enough evidence just with what I have to prove JRCART is telling the truth. I have text messages from JRCART, as well as others, regarding the insurance issues plus he told me directly. You want me to go ahead and post everything up as if this would go to court? LOL, yes, why not just reveal everything in case that happens right, you would love that?

    I stated it was a fact I was told by JRCART about the events and relayed those events which he supported. If the events are true then I have nothing to worry about right? Click here to enlarge

  12. #387
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    Click here to enlarge Originally Posted by Yomama69 Click here to enlarge
    I'd like to start a new poll on Benz280SL's identity....

    Todd Serota OR Christopher Mears

    Either way, the intention seems to be to cause problems.
    Who cares, guy isn't even doing a good job. He wants to play online court? Why doesn't he just ask JRCART if he is so curious?

  13. #388
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    Click here to enlarge Originally Posted by Sticky Click here to enlarge
    Who cares, guy isn't even doing a good job. He wants to play online court? Why doesn't he just ask JRCART if he is so curious?
    I love how he's so focused on the insurance statement from JRCART. Pretty easy to subpoena insurance records anyway.

  14. #389
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    Gentlemen, it's as simple as this. I called JRCART to ask about the insurance situation and he said that the situation changed from what he thought it initially was. At first he thought from the pictures the cost was inflated and when he looked it all over the $20k or so seemed to be accurate. So, I am updating the thread and initial post in the interest of accuracy to reflect this change.

  15. #390
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    Click here to enlarge Originally Posted by Yomama69 Click here to enlarge
    I love how he's so focused on the insurance statement from JRCART. Pretty easy to subpoena insurance records anyway.
    Exactly... as well as text message records.

  16. #391
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    gotta be careful with that back-tracing stuff.. the consequences will never be the same

  17. #392
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    3 out of 3 members liked this post. Reputation: Yes | No
    I think it is absolutely despicable (yet predicable) what is going on of late regarding this fiasco:

    Evosport and/or supporters (be that legal or otherwise) have just about succeeded in turning this story around 180 degrees to make them look like the victim. Shady (yet masterful) spin to say the least. If they end up going bust, they should definitely pursue a career in politics.

    Over the past week or so, it has become very clear that the veracity of the claims against Evosport have waned (not from Sticky though). I predicted that would be the case, and it is not surprising at all.
    It doesn't take a brilliant lawyer like Benz280SL to see that certain customers have been instructed to hush-up if they want to get the service/products they already paid for.

    Lest muppets like Benz280SL spew nonsensical legalese in response to this post: do yourself a favor and read this thread in its entirety. If you do so, you'll realize that everything Sticky purports has been verified by jrcart or others in the past. That those who are owed something by Evosport are not as 'vocal' as they were 1 week ago is inconsequential.

  18. #393
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    Click here to enlarge Originally Posted by Eirebenz Click here to enlarge
    Lest muppets like Benz280SL spew nonsensical legalese in response to this post: do yourself a favor and read this thread in its entirety. If you do so, you'll realize that everything Sticky purports has been verified by jrcart or others in the past. That those who are owed something by Evosport are not as 'vocal' as they were 1 week ago is inconsequential.
    Exactly. And at the time of posting everything was 100% correct and now they are trying to do the right thing (finally) and clearly some customers are happy to just get what is owed to them and be quiet. That is fine, ultimately, this thread spurred customers/users getting what was owed to them and I am happy with that. Unfortunate that now they are hushing up so to speak but that is how some people are.

  19. #394
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    1 out of 1 members liked this post. Reputation: Yes | No
    Not only are they not as vocal, but there has been at least one post of someone being told that their pulley is shipping. I still call bull$#@! until that user posts a $#@!ing picture of the pulley. Regardless, Evosport STILL breached their contract by failing to perform, i.e., deliver the product within a reasonable time. I'm assuming customers were not told they would receive product whenever Evosport decided to ship it.

  20. #395
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    Click here to enlarge Originally Posted by Sticky Click here to enlarge
    Exactly. And at the time of posting everything was 100% correct and now they are trying to do the right thing (finally) and clearly some customers are happy to just get what is owed to them and be quiet. That is fine, ultimately, this thread spurred customers/users getting what was owed to them and I am happy with that. Unfortunate that now they are hushing up so to speak but that is how some people are.
    Not everyone is willing to take up consumer advocacy.

  21. #396
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    Click here to enlarge Originally Posted by Sticky Click here to enlarge
    That comes straight from JRCART sir.

    I "heard" the bodywork cost is being "re-adjusted" so tell my why would that be taking place?

    Why would the insurance company be involved? That is not something pulled out of thin air, it is from directly speaking to Jim as well as texts.
    The insurance company is still involved because I asked them to keep the claim open because the paint work was not satisfactory. That is the only reason they are still involved in this matter. I posted an update here a few days ago saying things were for the most part cleared up and the final renining details should be handled this week before I fly back out there. I also posted a clarificstion on the Jalopnik page because there were a few things that were not quite accurate on that article. I don't mind people quoting me but make sure its the correct and current info befote doong so.
    Click here to enlarge

    1000+WHP WEISTEC 2008 CLK63 Black Series
    790WHP WEISTEC 2012 C63 Black Series
    725WHP WEISTEC 2014 SLS Black Series

  22. #397
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    Click here to enlarge Originally Posted by JRCART Click here to enlarge
    The insurance company is still involved because I asked them to keep the claim open because the paint work was not satisfactory. That is the only reason they are still involved in this matter. I posted an update here a few days ago saying things were for the most part cleared up and the final renining details should be handled this week before I fly back out there. I also posted a clarificstion on the Jalopnik page because there were a few things that were not quite accurate on that article. I don't mind people quoting me but make sure its the correct and current info befote doong so.
    Any issues you have with Jalopnik as I stated feel free to take up with them to clarify whatever it is you wish to be clarified.

    As I said in my phone call to you, I wished to accurately report what was taking place which I stressed heavily and what was said about the insurance was based on your own comments to me. I understand your position on the insurance claim has shifted from a view of inflated cost to, with more documents being sent to you, one that believes the cost is accurate. I have updated the thread to reflect this change in the interest of accurately conveying information.

    The insurance issue is just one small part of this but even so I want that part to be correct. There was something about a chargeback with the insurance company that you mentioned but I have no idea where this is at and frankly it isn't even my concern. I just want to make it clear that what we have is correct and was correct at the time as you supported it at that time.

    I'm glad they are now taking care of you and I hope the remaining loose ends are tied up to your satisfaction Jim, glad we could help you.

  23. #398
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    Click here to enlarge Originally Posted by Yomama69 Click here to enlarge
    Not everyone is willing to take up consumer advocacy.
    No, and even once you do, consumers won't necessarily support you the way you supported them.

    What matters is ultimately doing the right thing, and I believe I have. Hopefully everyone gets what is owed and I do wish Evosport the best and that this never happens again. Also, I hope the censorship that has taken place they learn from although this I doubt.

  24. #399
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    Jesus, LOL, please don't hang me because of all the typos in my last post typing from a phone.

    Please don't twist my words around. Everyone knows I am very vocal and I do not have a problem speaking my mind. The insurance company IS NOT still involved because of any insurance fraud reasons, they are still involved because the paint work done by evosport/their sub-contractor body shop was not to my satisfaction. IMO this part of the story is done.
    Click here to enlarge

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    790WHP WEISTEC 2012 C63 Black Series
    725WHP WEISTEC 2014 SLS Black Series

  25. #400
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    1 out of 1 members liked this post. Reputation: Yes | No
    Click here to enlarge Originally Posted by Eirebenz Click here to enlarge
    I think it is absolutely despicable (yet predicable) what is going on of late regarding this fiasco:

    Evosport and/or supporters (be that legal or otherwise) have just about succeeded in turning this story around 180 degrees to make them look like the victim. Shady (yet masterful) spin to say the least. If they end up going bust, they should definitely pursue a career in politics.

    Over the past week or so, it has become very clear that the veracity of the claims against Evosport have waned (not from Sticky though). I predicted that would be the case, and it is not surprising at all.
    It doesn't take a brilliant lawyer like Benz280SL to see that certain customers have been instructed to hush-up if they want to get the service/products they already paid for.

    Lest muppets like Benz280SL spew nonsensical legalese in response to this post: do yourself a favor and read this thread in its entirety. If you do so, you'll realize that everything Sticky purports has been verified by jrcart or others in the past. That those who are owed something by Evosport are not as 'vocal' as they were 1 week ago is inconsequential.
    This.

    Does anyone actually believe that Evosport is not telling people to shut their mouth's or parts won't get delivered to anyone?

    I'm intrigued by the about face that JRCART has done in this thread, by editing his posts on MBW and by commenting on Jalopnik in Evosports favor.

    http://jalopnik.com/#!5792464/mercedes-tuner-fights-online-forum-over-hundreds-of-thousands-of-dollars

    Click here to enlarge Originally Posted by JRCART1 on Jalopnik
    Hello, I am the JRCART mentioned in this article. I want to point out and clarify a few issues and inaccuracies I have with with the article. First off evosport has now delivered on pretty much everything they were contracted to on my vehicle. There are a couple of small misc small tidbits that need closure but for the most part they have now delivered on what was promised to me. I am flying out to California next Wednesday to meet with management and owners of evosport so we can finally put this to rest on move on.

    I personally do not have a problem with journalist or person posting factual information about a business regardless of if it appears"harmful" to the business. Consumers have the right to know the truth about a company or business. However, the key words in my previous sentence being FACTUAL INFORMATION. ALthough I can not comment on all the various details mentioned above becuase some of it does not pertain to me the article does have many mis-quoted or inconsistant FACTS about my(JRCART's) part of the story.

    Were there delays and problems with this project envolving evosport? Unfortunatley, Yes there were. Are those problems/delays spelled out accurately in the article above? No they are not. Please let me attempt to clarify. First of all the amount of the supercharger was not $30k, it was $15k, I contracted evosport to do alot of other work in addition to the super charger install, it was a much bigger project than just a SC install. The total of all that other work along with the supercharger totaled just over $32K. In addition to the supercharger install there was some slight body damage to the car as a result of a fender bender that I had evosport take care of. A claim was my to my insurance company as a result of the fender bender, some of the paint work done by evosport/their sub-contractor was not done to my satisfaction. The paint issue is one of the things that I am confident will be finalized on my visit next week. I have indeed contacted my insurance company but the work is being handled to my satisfaction so no further action should be required at this time. I also have indeed spoken to my attorney(2 attorneys actually) but now that evosport has pretty much delivered on everything promised there will be no need for my attorney to get involved or take any further action as I see it at this time. The way the above article was written makes it appear that there is pending legal action or a suit filed against evosport and that is NOT acccurate. I do not anticipate any suits being filed on my behalf becuase again, the vast majority of what evosport was contracted to do has now been delivered.

    Should anything change between now and my visit/meeting with evosport management next week I will let everyone know, but I don't anticipate any further problems or delays at this point. I had a long conference call last night with the evosport management and all parties involved are in agreement of what is happening moving forward.

    For those of you that know me or follow me on any of the auto forums you know I don't have any problem with speaking my mind so I don't need any 3rd parties speaking up for me, especially if it is not accurate information.

    I would like to also add that I have been dealing with evosport for over 3 years, they have done ALOT of work on my vehicle and up until this latest round of modifications everything went well, their quality was and still is top notch. Obviously there were some bumps in the road on this go round, it did leave a very bad taste in my mouth but I can still say they do good work. Hopefully they are working through the bumps and issues and deliver on any customer back orders and it appears they are. (Edit comment)
    Just to clarify that's not a clarification post, that's an update. The info reposted by Jalopnik originally posted by Sticky on this site was accurate when it was posted, and at that point you were looking for help from other MBW members to help bring the situation to light. So no, I guess not everyone on the net knows you don't need third parties help when you specifically ask for it. I was one of the people that posted on your behalf on MBW without even knowing you, I won't make that mistake again.

    Members and friends came to bat for you and now after you're taken care of, largely if not solely due to this thread and the support you were given, you just shrivel up and disappear like a grape drying on the vine.

    Just goes to show everyone's out for themselves I guess.

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