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      03-29-2008, 04:36 AM   #2113
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Originally Posted by bolmedias14 View Post
Laszlo, are all the double posts really necessary?

And has there been an update? I really can't read through another 15 pages.
why not search for most recent posts by Dooma?

edit.. hmm,. doesnt seem to helpful.
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      03-29-2008, 04:55 AM   #2114
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Quote:
Originally Posted by Laszlo View Post
I think I'm just bored. Although, I should be in bed with my wife. Under the sheets... feeling her warm body... but no... I'm here... looking for answers to a week's worth of waste... And you?
I'm 16, so no wife (duh!), but yeah, I'm extremely bored. Not to say that I don't feel for Dooma. I'm just wondering if the post count for this thread will go
Over Nine Thousand!!!!!!!!!!!!!!!

EDIT: I'm an amateur flash movie maker, and was thinking about making something about Dooma's ordeal. Anyone think I should go ahead? If so, the picture of Fil would feature a lot.
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      03-29-2008, 05:21 AM   #2115
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For anyone interested, I have noted down a few ideas to use for such a Flash movie. Laszlo pm'd me saying it was a good call, so I might as well have a go. I'd need some help with voice acting, and possibly script-writing too.
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File Type: doc Ideas.doc (26.5 KB, 116 views)
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      03-29-2008, 05:38 AM   #2116
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I may be wrong in saying this, but something like twenty pages ago didn't Ken say that his lawyer had already sent the deposit to them? This was like five or so pages after Fil berating Ken on the phone and refusing to take his card. I remember it because it was another case of where it seemed like things were getting fixed again.

Can anybody please dig this post up?

It was either by Ken or by his lawyer, and I think that'll answer a lot of questions.

If that's the case, then that means at least part of the money has been sent in and the financial situation should be moot, not prohibitive as put forth by the dealership's lawyers.
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      03-29-2008, 06:11 AM   #2117
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> I'm 16 ... I'm an amateur flash movie maker, and was thinking about making
> something about Dooma's ordeal. Anyone think I should go ahead? If so,
> the picture of Fil would feature a lot.

No. NOT helpful. Please do NOT do this.

> Dooma's absence must be for a reason. I mean, come on. Be logical. Do
> you really think he'd go through all of this to leave us hanging.

Yes.

I think it is a good time for him to be silent. It is easy. It is a way for him to
give Fil/Husker something they want ... and if his leasing company screwed up
the paperwork, he needs to give them something ... and it is one thing that
he can give them. i.e. It moves the ball forward a teenie bit.

I believe that Fil/Husker genuinely want to close the deal on this M3. I do
NOT agree with the sabotage arguments. Yes, I remember their opening and
mid-course gambits ... but I think they "get it". The risks are just too high
for them to do otherwise.

I am confused by their lawyers. Outside counsel has stated that they are
the point of contact and in-charge; then went scorched-earth. Moments
later Michael M. reappears and makes a goodwill gesture. Who is in-charge?

Perhaps Michael M's posting reflects an impromptu reflection that scorched-
earth was one step too far? Or; perhaps they considered it necessary to
get everyone's attention. Ergo; the unexpected goodwill gesture may be a
peace offering and attempt to de-escalate. Perhaps BMWNA is the force
behind the goodwill gesture. (I'm just guessing here folks.)

I also believe that they want/need Ken in Lincoln for the delivery - for an uber
thorough and guided examination on the rack - perhaps with local BMWCCA
wrenches and/or BMWNA engineers observing or participating, followed by a
nice long, thorough acceptance-test drive to insure that everything is indeed
A-okay. Doing anything that adds miles without Ken present would be nuts.

If this M3 has ANY latent mfg defects that are not found and corrected at
delivery ... the conspiracy theorists will overwhem this thread.

Last edited by rainsux; 03-29-2008 at 06:29 AM.
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      03-29-2008, 07:58 AM   #2118
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Here's my take after a week of this forum.
Dooma (ken) works as a sales assistant for Husker Auto. To generate a bidding frenzy he decides to post a low starting bid for the new M3 on e-bay at Fil's direction. The TV dealership's lawyers are hungry and smell potential libel blood in the water. Laszlo also works for Husker and dumps aditional gas on the fire through his postings. After a week of forum and blog chatter Husker auto has in fact increased sales activity on new M3's and places a hundred new orders(north america sales record). The TV dealership's legal team has enough libel suits to keep them employed for the remainder of their careers. As a sidebar, Ken's son in the eighth grade is completing a social studies paper on mob internet mentality and receives an A++ and an immediate PhD. The contract is delayed until April 1 when the greatest hoax of alltime is revealed, rivaling the Sports Illustrated Sidd Finch 168 mph fastballer. Finally, Fil cuts his hair and declares his candidacy for president as an Independent and edges out McCain and Obama for the Whitehouse. His limo turns out to be a version of an extended M3.

Last edited by Mfive; 03-29-2008 at 03:40 PM.
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      03-29-2008, 08:09 AM   #2119
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Quote:
Originally Posted by Mfive View Post
Here's my take after a week of this forum.
Dooma (ken) works as a sales assistant for Husker Auto. To generate a bidding frenzy he decides to post a low starting bid for the new M3 on e-bay at Fil's direction. The TV dealership's lawyers are hungry and smell potential libel blood in the water. Laszlo also works for Husker and dumps aditional gas on the fire through his postings. After a week of forum and blog chatter Husker auto has in fact increased sales activity on new M3's and places a hundred new orders(north america sales record). The TV dealership's legal team has enough libel suits to keep them employed for the remainder of their careers. As a sidebar, Ken's son in the eighth grade is completing a social studies paper on mob internet mentality and receives an A++ and an immediate PhD. Finally, the contract is delayed until April 1 when the greatest hoax of alltime is revealed, rivaling the Sports Illustrated Sidd Finch 168 mph fastballer.
Imagination's a strange thing, isn't it...
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      03-29-2008, 08:20 AM   #2120
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Dooma absolutely needs to limit his posts to factual ones in view of the statements made by the dealership regarding possible legal action, or even better, have his attorney do the postings to protect him (by this I mean by not allowing anything to be posted or disclosed that would put Dooma at risk of legal action). It also makes sense for the dealership's protection to have him take delivery there, and have any mechanical checks run there, and it would be appropriate for Dooma to be able to have a mechanic of his choice check things out--but the dealership also has the right to have their own mechanic validate any findings. With all the cr*p flying, they need to (and absolutely have every right to!) protect themselves against subsequent accusations of tampering/damage. I don't see anything wrong with this, it is common sense amd most likely on the advice of their attorney.

I am NOT taking anyone's side here, just applying logic. Regardless of the auction business, in the end it is a business transaction and the seller has every right to establish the condition of the merchandise at the time of sale.

(note for my own protection--I am not an attorney and this is my personal opinion only)

Last edited by erdoran; 03-29-2008 at 12:00 PM.
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      03-29-2008, 08:20 AM   #2121
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Quote:
Originally Posted by SilentEdge View Post
I may be wrong in saying this, but something like twenty pages ago didn't Ken say that his lawyer had already sent the deposit to them? This was like five or so pages after Fil berating Ken on the phone and refusing to take his card. I remember it because it was another case of where it seemed like things were getting fixed again.

Can anybody please dig this post up?

It was either by Ken or by his lawyer, and I think that'll answer a lot of questions.

If that's the case, then that means at least part of the money has been sent in and the financial situation should be moot, not prohibitive as put forth by the dealership's lawyers.
Here you go; post # 1591
I wanted to look that up too cuz I remembered reading it as well.

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Originally Posted by dooma350 View Post
Anyway, the deal is supposed to be completed tomorrow and my credit card (information sent to Mr. Maledon by Scott) was charged the deposit. So all I have to do is fill out the paperwork. But it seems strange that after acting as it had Lincoln BMW now tries to pull its chestnuts out of the fire by offering my car to someone else. Seems awfully cheesy to me.
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      03-29-2008, 08:24 AM   #2122
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Quote:
Originally Posted by eillim View Post
Here you go; post # 1591
I wanted to look that up too cuz I remembered reading it as well.
my point exactly..if that indeed happened,why are they stating they have received no payment,it seems that if a deposit was taken off of doomas card,that it would be verifiable.and if that had happened he would have mentioned getting it back or the dealers refusal, IM SORRY BUT IM GONNA HAVE TO CALL SHENANIGANS!
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      03-29-2008, 08:29 AM   #2123
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Quote:
Originally Posted by BMW M5 Power View Post
My only intent for putting down my title was that I knew that the "data miners" would be searching for my ISP address, seaching for my employ status at BMW of Lincoln etc. I just thought it would be easier to verify as I am all over our chapter website, which I would have posted but it is against the rules to self edify on this forum. Clearly I only posted that ONCE and only for that purpose.

Insert discalimer here: Be clear, my postings in no way reflect the position of BMW CCA, the Missouri Valley Chapter, its members or anyone except for me alone. I have not conspired with anyone, anywhere and only went on a fact finding mission and have reported what I found. I did this because I am local and I could!! Period. I will state again, I have no agenda here...it does not affect me financially, personally etc. I shared the information I had attained and now it looks like I am slowly becoming a target. That was also not my intent. For all I know, I may have said things BMW of Lincoln didn't want said. If so I will hear about it from them.

If Ken has any issue with what I have said, he can contact me as well. I would love to speak to him, reassure him the car is fine and that I am very jealous as it looks 10x better in person. My last conversation with BMW of Lincoln was just this. "The car is his, we have extended the timeframe another 72 hours until Monday. We just want the money before it ships." Seems fair to me.

Now, in my opinion, and the opinion of many locals not posting for obvious reasons, if Ken really had things preapproved, ready to go before he hit send, then the financal people owe him some explanaition as to why it is taking so long to send the money. The screen shot would show he did so something is not kosher. Others think perhaps Ken hit "bid now" thinking the price would be sniped many times over as other auctions had done and found himself the only bidder..OOps!! Understandable, and maybe completey false, but hey, like everyone else here, I am entitled to my "theory" as well.

Even if the latter was a mistake, by the time he posted his question on the Blogs, this thing took off and he couldn't go back, not with all the excellent advice he was getting about they owe you the car, BMW NA should give it to you, we will set up a paypal and everyone donate $5 and get it paid for...etc. etc... Talk about painted into a corner. Hey, like a said, all theory...and not all mine. I cannot take credit for all of that.

Ken...PLEASE find a way to get the money to them and end this. I know both sides want this to work out. Lets hope Monday is a Happy day for everyone!!
Jeff
If this were indeed true, I don't understand the reason for the lawyer rants? That's what is propagating the firestorm...
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      03-29-2008, 08:33 AM   #2124
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Quote:
Originally Posted by BMW M5 Power View Post
Now, in my opinion, and the opinion of many locals not posting for obvious reasons, if Ken really had things preapproved, ready to go before he hit send, then the financal people owe him some explanaition as to why it is taking so long to send the money. The screen shot would show he did so something is not kosher. Others think perhaps Ken hit "bid now" thinking the price would be sniped many times over as other auctions had done and found himself the only bidder..OOps!! Understandable, and maybe completey false, but hey, like everyone else here, I am entitled to my "theory" as well.

Even if the latter was a mistake, by the time he posted his question on the Blogs, this thing took off and he couldn't go back, not with all the excellent advice he was getting about they owe you the car, BMW NA should give it to you, we will set up a paypal and everyone donate $5 and get it paid for...etc. etc... Talk about painted into a corner. Hey, like a said, all theory...and not all mine. I cannot take credit for all of that.
Jeff
Jeff: now it's clear you are a hypocrite or just plain incompetent. How can you so convincingly tell people that you are "neutral" when you "have your own theory" as you stated? Your "theory" doesn't make sense. If he couldn't afford to buy and/or didn't want to complete his ebay transaction, HAG's refusing to sell him the car in the FIRST place, and putting all kinds of barriers and conditions toward deal completion, admitting they made a mistake in the ebay posting, and genarally defiant stand in the media - all these would have helped Ken to walk away from the deal he "couldn't afford", no? If this were the case, Scott, his lawyer, wouldn't have represent him.
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      03-29-2008, 08:54 AM   #2125
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Originally Posted by g00fba11 View Post
Jeff: now it's clear you are a hypocrite or just plain incompetent. How can you so convincingly tell people that you are "neutral" when you "have your own theory" as you stated? Your "theory" doesn't make sense. If he couldn't afford to buy and/or didn't want to complete his ebay transaction, HAG's refusing to sell him the car in the FIRST place, and putting all kinds of barriers and conditions toward deal completion, admitting they made a mistake in the ebay posting, and genarally defiant stand in the media - all these would have helped Ken to walk away from the deal he "couldn't afford", no? If this were the case, Scott, his lawyer, wouldn't have represent him.
Perhaps, and I'd love to hear Dooma explain it; there may be an explanation. But look, this thing has gotten bigger than just a guy buying a car. You've read the letter HA's attorney sent him about the shenanigans that have been going on now that the internet is aware of this -- can you imagine having to come back to that crowd and tell them that, oh, actually, for whatever reason you no longer want the car?
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      03-29-2008, 08:58 AM   #2126
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Dooma absolutely needs to limit his posts to factual ones in view of the statements made by the dealership regarding possible legal action, or even better, have his attorney do the postings to protect him. It also makes sense for the dealership's protection to have him take delivery there, and have any mechanical checks run there, and it would be appropriate for Dooma to be able to have a mechanic of his choice check things out--but the dealership also has the right to have their own mechanic validate any findings. With all the cr*p flying, they need to (and absolutely have every right to!) protect themselves against subsequent accusations of tampering/damage. I don't see anything wrong with this, it is common sense amd most likely on the advice of their attorney.

I am NOT taking anyone's side here, just applying logic. Regardless of the auction business, in the end it is a business transaction and the seller has every right to establish the condition of the merchandise at the time of sale.

(note for my own protection--I am not an attorney and this is my personal opinion only)

+1 Well-said
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      03-29-2008, 08:59 AM   #2127
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I cannot believe this is still dragging on, but Dooma's absence is a necessity I suspect. He needs to limit what he's saying right now and just try to get this taken care of. It certainly sounds like the ball is in his court and if the financing is not done w/ the necessary info to the dealer, he needs to get on the financing company's behind.

The dealer isn't likely going to do anything to damage the car... too much at stake. Hell... as someone else said, anything that's wrong w/ the car in the next 6 months is a potential risk for more bad press.

Both parties need to get this thing done and move on. The latest attempt by the big gun lawyers on their end seems to me to be an attempt to get past the bad publicity and limit the negative impact this has had. I also suspect the dealership will survive just fine. In a few months, most folks won't even remember this happening. It will pop up periodically when someone makes a post on an automobile forum about a car they see for sale on eBay, but that's about it.

Still rooting for you Ken... hang in there. But you really need to get the financing noise taken care of or just throw in the towel and go somewhere else for your M3.

edit: Oh.. and to reiterate one more thing... please refrain from contacting the dealer, Fil, or anyone else involved in this. Show your support in this forum, but doing anything else to interfere, even with good intentions, will possibly only hurt Dooma's case.
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      03-29-2008, 09:09 AM   #2128
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wow, im so confused now anyone wanna update me and make it a little simple
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      03-29-2008, 09:19 AM   #2129
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Originally Posted by eillim View Post
Here you go; post # 1591
I wanted to look that up too cuz I remembered reading it as well.
Whilst reading that, also review other actual statements made indicating a total refusal of the selected method of complete payment. Be objective, but be objective globally. A public request for relational experiences has turned into a global phenomena. Armchair quarterbacking and offering conspiracy theories to detract from what has occured does little to assist, if assisting is truly one's intent. Again, there are very real persons involved in a multi-state transaction requiring counsel practicing in multiple states under multiple jurisdictions with multiple entities who claim to have been slighted, damaged, libeled, etc. The wisest move of all involved, and especially with the original poster, with the threat of litigation underfoot, may be to remain moot unto and until negotiations can resume, ACH transactions can complete, legal issues can be sorted, counsel can resume private discussions, etc.

In my opinion, the primary objective was to, and continues to be, obtaining an item won legally and without inside knowledge, hacks, run-ups, shill bids, or any other behavior that may be considered a violation of the as-stated auction rules. I believe that, inspite of the intervention of counsel for both sides, the underlying goal remains. Because of legal intervention, time-frames, stated refusals, official responses, negotiations, and the like, progression of this seems likely when representation for both are available to resume, using and pulling from their additional man-power resources. Within the legal world, the times for such are quite often Monday through Friday, 9am to 5pm under whatever time zone representation operates under. Considering the time differences, the negotiation windows between counsels may be reduced. Purely speculatory, perhaps, but far more plausible than aliens having landed, fabricated the whole affair, then returned back onto a ship and vanished.
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      03-29-2008, 09:24 AM   #2130
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Originally Posted by murfysflaw View Post
Still rooting for you Ken... hang in there. But you really need to get the financing noise taken care of or just throw in the towel and go somewhere else for your M3.
As of now, giving up is not a solution for ANY of the involved parties.

Ken has summed up a bunch of lawyer fees that will stick to him even if he decides to bin this M3 and get one elsewhere. That would put him into the "loser" position, paying up a lot and not getting ANYTHING in return.

Husker/Fil/VT have a lot of bad press on their asses, so for them it's either a) sell the car (while still making it a hell of a hassle to Ken and trying to squeeze a few hundred $ here or there) and then brag about how customer oriented they are in order to turn the bad press into good press or b) make Ken give up, so they can drag him through the mud and turn the bad press good this way (i.e. by claiming he was a fraudulent bidder who started this libel and slander campaign all on wrong premises).

So, yeah, we entered headbutt territory quite some time ago. Sure as hell, I would not like to be in Ken's position. Also, I am pretty sure, once this is done, a careful evaluation of money spent to lawyers and time involved will ring up the price Ken paid to 75k easily.
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      03-29-2008, 09:32 AM   #2131
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Originally Posted by advancedlogic View Post
Whilst reading that, also review other actual statements made indicating a total refusal of the selected method of complete payment. Be objective, but be objective globally. A public request for relational experiences has turned into a global phenomena. Armchair quarterbacking and offering conspiracy theories to detract from what has occured does little to assist, if assisting is truly one's intent. Again, there are very real persons involved in a multi-state transaction requiring counsel practicing in multiple states under multiple jurisdictions with multiple entities who claim to have been slighted, damaged, libeled, etc. The wisest move of all involved, and especially with the original poster, with the threat of litigation underfoot, may be to remain moot unto and until negotiations can resume, ACH transactions can complete, legal issues can be sorted, counsel can resume private discussions, etc.

In my opinion, the primary objective was to, and continues to be, obtaining an item won legally and without inside knowledge, hacks, run-ups, shill bids, or any other behavior that may be considered a violation of the as-stated auction rules. I believe that, inspite of the intervention of counsel for both sides, the underlying goal remains. Because of legal intervention, time-frames, stated refusals, official responses, negotiations, and the like, progression of this seems likely when representation for both are available to resume, using and pulling from their additional man-power resources. Within the legal world, the times for such are quite often Monday through Friday, 9am to 5pm under whatever time zone representation operates under. Considering the time differences, the negotiation windows between counsels may be reduced. Purely speculatory, perhaps, but far more plausible than aliens having landed, fabricated the whole affair, then returned back onto a ship and vanished.
Do you really need to keep posting this over and over? I'm beginning to think you just might be associated with one of the parties involved. Continued speculation with regard to what is actually transpiring is meaningless. On the surface it seems pretty cut and dry. But if that were in fact the case this would have been settled long ago.
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      03-29-2008, 09:48 AM   #2132
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Do you really need to keep posting this over and over? I'm beginning to think you just might be associated with one of the parties involved. Continued speculation with regard to what is actually transpiring is meaningless. On the surface it seems pretty cut and dry. But if that were in fact the case this would have been settled long ago.
The reverse could easily be stated as well...that said, just to be absolutely clear, I have no vested interest, association beyond this forum, official insider correspondence, and the like. So here's the deal:

I, as a consumer, automotive enthusiast, ebay participant, BMW owner, yada yada, wants to ensure that this comes to a positive conclusion. I am well aware and versed in PR machinery and the like. I want to offer supportive members a possible, plausible, rational explanation. Others may or may not have other motives contrary to what I state. Therefore, it is in my interest for the stated reasons to continue to offer plausible explanations when I feel such is needed to counter other points-of-views. I ask you, what is YOUR affiliation, if any, to any party involved?

I'll repost my introduction (post #2079) below for your edification. I am an ACTIVE, CONTRIBUTING member of a BMW forum. Please, I invite you to post your introduction, update your location to something verifyably more localized than "earth", and show your prior postings on other forums as a reciprocal show of good faith. Thanks.


Wow. I've spent the better part of 2 days perusing through 94 pages and 2000+ comments, replies, counter replies and such. Ken, you're definitely setting both precedent and class with your pursuit of this. Before I write anything further, I want to say "thanks" for your efforts thus far.

I am an owner of a 2004 545i, and a proud contributing member of BMWCCA & E60.net, a forum for current generation BMW 5 series owners (I am NOT an admin or owner of the site, merely a contributing member). My member name there is the same as here - advancedlogic.

My ride is here:

http://forums.e60.net/index.php?auto...bum&album=1497

I found the link to this posted here:

http://forums.e60.net/index.php?showtopic=52412

Judging by your responses and your continued and repeated requests to the members of this community to cease and desist with any harassment, libel, case-related direct contact with the dealership or its entities, employees, and related assets, I opine that I cannot fathom the legal standing or ground with which counsel for the auto group seems to threaten you with for recovery. This is in no way legal advice or counsel (such should only be provided by your retained attorney). You definitely have my support as both a BMW enthusiast and general consumer who partakes in E-Bay auctions often. Continue to state only the facts as presented and only on the advice of your attorney.

At the very least, you've shown the power of one, when one is an entire community of persons who detest corporate arrogance and greed.


~Al

Last edited by advancedlogic; 03-29-2008 at 10:37 AM. Reason: Edit to add info
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      03-29-2008, 10:37 AM   #2133
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As of now, giving up is not a solution for ANY of the involved parties.

Ken has summed up a bunch of lawyer fees that will stick to him even if he decides to bin this M3 and get one elsewhere. That would put him into the "loser" position, paying up a lot and not getting ANYTHING in return.

Husker/Fil/VT have a lot of bad press on their asses, so for them it's either a) sell the car (while still making it a hell of a hassle to Ken and trying to squeeze a few hundred $ here or there) and then brag about how customer oriented they are in order to turn the bad press into good press or b) make Ken give up, so they can drag him through the mud and turn the bad press good this way (i.e. by claiming he was a fraudulent bidder who started this libel and slander campaign all on wrong premises).

So, yeah, we entered headbutt territory quite some time ago. Sure as hell, I would not like to be in Ken's position. Also, I am pretty sure, once this is done, a careful evaluation of money spent to lawyers and time involved will ring up the price Ken paid to 75k easily.
I agree with most of this, but it's a fact that Husker has more money behind them than Ken does. They seem to be taking a tact now that at least threatens to drag this out beyond the final transaction. What Ken has to now decide is how far he wants to push this. It's not just a game a chess as others have said... now it's on to poker. If Husker is bluffing, that's great for Ken, but if they aren't, and if they decide to take the whole libel/defamation thing further, even after the deal is done, he'll be out much more just to defend himself.

Just saying... I hope he continues the fight myself, but then again, my financial future isn't at stake in this game.
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      03-29-2008, 10:44 AM   #2134
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Originally Posted by impulsoren View Post
Is this really bigger than the internet gambling pedophile on the NSX forum a few months ago?
Link??? I hadn't heard..
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