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Originally Posted by gra8fuldd ed
Based on the above information ... The following question begs to be asked:
Did D.Harland give his express permission to OSH that gave OSH the right to loan his (Harlands) car out to anyone OSH chooses to drive it as a loaner or for any reason OSH saw fit ... Other than for test purposes?
Quite obviously, under normal circumstances ... 1000mi, 1500mi, 2000mi and or 4000 miles is NOT considered Test Driving. 
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Okay. Let's get the facts straight since Osh is putting his own spin on things and the more I read the more outraged I become.
In late December I told Osh I wanted to sell the car and Osh said he was interested in buying it. He then asked me if he could drive it and I said he could. Several weeks elapsed and when I next asked Osh if he was still interested he said he couldn't afford the car. At that point we agreed that he would complete the performance work and either locate a buyer or return the car to NYC. (We briefly spoke about RMS converting the new M5 that I was considering purchasing to a Superfast, but within a few days I decided not to pursue this option.)
In the 3 weeks that elapsed between these 2 conversations, I never expected Osh to use the car as his own. and at most would have expected him to have driven the car no more than 200 miles since by using the car he was incurring wear and tear on a vehicle that only had 20,000 miles and thus was diminishing the value of the car (which would impact its resale value). (Paranthetically, I would mention that Osh asked me to maintain the insurance on the car while he considered buying it. Obviously, who in their right mind would have agreed to this if they thought Osh was going to treat the car as his own and run up 4000 plus miles. In addition, I only learned that Osh had put 4000 plus miles on the car approx. 1 month ago when I got wind that the car was still being used and for the first time had the sense to ask how many miles had been put on the car since it had arrived at RMS in November. When I confronted Osh and told him that I had driven the car a total of 7000 miles in 2 years, his response if you can believe it was that THIS IS CALIFORNIA. COME ON -- a teenager could come up with a better excuse. When I continued to insist that this was outrageous he said "Well I could have always rolled back the odometer and then you would never have known." Why not just say someone stole the car!! What type of person thinks this way!!!
Once Osh realized that he wasn't going to buy the car, anyone who was honest and/or reputable obviously would have stopped using the car immediately, but Osh didn't and that is the point. You don't need to be a rocket scientist to realize what was going on.
1. Osh never intended on buying the car
2. Osh mislead me in to believing he was going to buy the car
3. Osh wanted the free use of a car (who wouldn't)
4. Osh continued to use the car even after he told me that he wasn't going to buy it
5. Osh. based on information and belief. allowed others to use the car as a loaner without my permission after he told me he had no intention of purchasing the car
6. Osh from the moment that he told me that he wasn't going to buy the car new that he was nolonger authorized to use the car
7. Osh was never authorized by me to allow others to use the car at any time whaysoever
8. No one at RMS EVER told me that the car was being driven after Osh told me he didn't want to buy the car since he had obviously told them not to say anything
What we are dealing with is someone who obfuscates the facts to his own personal gain and advantage. No one and I mean no one who I have spoken to about this can believe this story.
And come on, who would. You give a purportedly reputable shop your car and the next thing you hear they have racked up 4000 plus miles and they are saying well with the benefit of 20/20 hindsight I shouldn't have done this.
The only type of person who would engage in this type of behaviour is a crook and that is what we have here. The operation was rotten at its core and Osh contiues to dole out rot.
The other thing is this. This business if that is what you can call it should have been shut down a long time ago. When is it going to be so that unsuspecting consumers can avoid being duped?