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Discussion Starter · #1 ·
Hunting Ridge Motor Sports owes me some $$ for service manuals I ordered but never received. They were put on backorder but HRM asked me to pay for them up front. I'd like to ask for that $$ back. Who do I ask?

There must be a lawyer or business that's taking care of things like this.

Yes, I know its been a long time - almost a year. :shrug:
 

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Discussion Starter · #7 ·
Do you have any recourse then?
I don't know yet. :shrug: Mark said he would put me in touch with his lawyer.

AFAIK, bankruptcy filing wipes out any claims that predate the filing are wiped out, unless the debtor (HRM) lists them on the filing papers or the creditor has good reason for not presenting the claims earlier. He's already filed so that deadline has passed. If a decision has not yet been handed down, there might still be time. If the judge has already granted the bankruptcy, I'm probably SOL. :(

Even if the bankruptcy trustee entertains my claim, I would be at the end of a long line of creditors. :(

Maybe they set aside a sum for misc. small claims.

Dave said: Since it's an OE part, you might also give Lotus corporate a call. I hope to do that tomorrow. What is an "OE part?"

I might still go after Mark directly, since he was owner. If he starts another business, it would be good business practice for him to settle with me.

Do any other members of ET have claims against HRM?
 

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Dan,

I am VERY familiar with Hunting Ridge Motors v. Hunting Ridge Motor Sports status but I suggested you spoke to Mark as he would be the one who could direct your inquiry properly.

To go after Mark directly, you would need to "break the corporate vail". While this can be done, if Hunting Ridge Motors did their accounting properly, it would be very difficult. Remember that when it all boils down, corporations are designed to protect the shareholders/ partners/ owners. The amount of your manuals is relatively small ($250?). It's going to be very difficult for you to get it back if you didn't use a credit card. If you did, simply dispute the charge. The problem is that too much time has likely passed. Why did you wait so long? It was fairly well announced here that HRM closed it's doors about 6 months ago.
 

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Discussion Starter · #13 ·
Dan,

I am VERY familiar with Hunting Ridge Motors v. Hunting Ridge Motor Sports status but I suggested you spoke to Mark as he would be the one who could direct your inquiry properly.

To go after Mark directly, you would need to "break the corporate vail". While this can be done, if Hunting Ridge Motors did their accounting properly, it would be very difficult. Remember that when it all boils down, corporations are designed to protect the shareholders/ partners/ owners. The amount of your manuals is relatively small ($250?). It's going to be very difficult for you to get it back if you didn't use a credit card. If you did, simply dispute the charge. The problem is that too much time has likely passed. Why did you wait so long? It was fairly well announced here that HRM closed it's doors about 6 months ago.
Needless to say, it was strange to talk to Mark, in a different capacity than when he was co-owner of HR Motors. As I said, I expect him to e-mail information about where to direct my claim.

The expression is "piercing the veil of corporate entity." Regardless, it would be difficult to go after Mark directly. I did not use a credit card but paid by check.

Why did I wait so long? No good excuse. I had amassed a huge quantity of papers in looking for a car and just started going through them now. I honestly didn't know I had prepaid for these manuals until I found this receipt.

Robert says, "I am VERY familiar with Hunting Ridge Motors v. Hunting Ridge Motor Sports status". As an employee of HR Motors, you would be familiar with the distinction between HR Motors and HR MotorSport. However, I wasn't. There must be many members of ET in between us, or who never gave it any thought.

Robert, you don't need to protect Mark. He's quite capable of taking care of himself.
 

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Discussion Starter · #17 ·
Mark Starr gave me the name and address of his lawyer. So the next step is to contact the lawyer.

I want to make something clear. My claim against HR Motors does not involve animosity or any allegation of wrongdoing. I have nothing against Mark and am not saying he did anything wrong. Management did not refuse to refund my prepayment on the books since I did not ask for a refund. It remained under the radar. This claim is no different than a claim by a supplier who hasn't been paid. Although I am a lawyer, I don't take a ruthless approach on claims like this.

I liked the HR Motors shop and am sorry its gone. They were professional and treated customers with respect. Although I bought my Elise new from Manhattan Motor Cars (their prices were lower than HR Motor's), I intended to have it serviced at HR Motors.
 

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Discussion Starter · #18 ·
Mark Starr gave me the name and address of his lawyer. So the next step is to contact the lawyer.

I want to make something clear. My claim against HR Motors does not involve animosity or any allegation of wrongdoing. I have nothing against Mark and am not saying he did anything wrong. Management did not refuse to refund my prepayment on the books since I did not ask for a refund. It remained under the radar. This claim is no different than a claim by a supplier who hasn't been paid. Although I am a lawyer, I don't take a ruthless approach on claims like this.

I liked the HR Motors shop and am sorry its gone. They were professional and treated customers with respect. Although I bought my Elise new from Manhattan Motor Cars (their prices were lower than HR Motor's), I intended to have it serviced at HR Motors.
Correction: HR Motor Sports, not HR Motors.
 
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