Posts: 10,923
Threads: 649
Likes Received: 1,845 in 1,141 posts
Likes Given: 428
Joined: Apr 2011
Johann Wrote:Some old guy, who doesn't know very much about anything, wrote in another thread:
Maybe you should get back to the corporate office - tell them you're not satisfied with the dealer's offer - and let them know you're quite willing to sue, if they don't come around. Be sure to ask for / take names and info for service of documents on the company and ask if that's really what they want. If it is - oblige them. Litigation of that sort is pretty easy; I'm sure that's part of why it's such a popular remedy.
Who knows? If you're convincing enough, you might not even have to go that far, after all. But if you have to... fire away!
Johann
I told them I was considering hiring a lawyer and taking them to small claims court (well, now it's the Justice of the Peace in Texas). I already have a lawyer in mind in Austin who specializes in consumer protection and lemon laws. My case doesn't fall under Texas' lemon laws, but it does fall under consumer protection because of the false advertisement and failure to adhere to the terms of the warranty.
Graduate of Not VUL or ENEB
MS, MSS and Graduate Cert
AAS, AS, BA, and BS
CLEP
Intro Psych 70, US His I 64, Intro Soc 63, Intro Edu Psych 70, A&I Lit 64, Bio 68, Prin Man 69, Prin Mar 68
DSST
Life Dev Psych 62, Fund Coun 68, Intro Comp 469, Intro Astr 56, Env & Hum 70, HTYH 456, MIS 451, Prin Sup 453, HRM 62, Bus Eth 458
ALEKS
Int Alg, Coll Alg
TEEX
4 credits
TECEP
Fed Inc Tax, Sci of Nutr, Micro, Strat Man, Med Term, Pub Relations
CSU
Sys Analysis & Design, Programming, Cyber
SL
Intro to Comm, Microbio, Acc I
Uexcel
A&P
Davar
Macro, Intro to Fin, Man Acc
•
Posts: 454
Threads: 7
Likes Received: 248 in 139 posts
Likes Given: 282
Joined: Aug 2014
I was going to suggest that the whole point of small claims court is that you don't need a lawyer, but I suppose if you sue a big company that they'll bring one, and you'll have brought a knife to a gunfight....
BS, Information Systems concentration, Charter Oak State College
MA in Educational Technology Leadership, George Washington University
18 doctoral level semester-hours in Business Administration, Baker College
In progress: EdD in Educational Leadership, Manhattanville College
More at https://stevefoerster.com
•
Posts: 898
Threads: 121
Likes Received: 50 in 15 posts
Likes Given: 27
Joined: Mar 2013
10-02-2014, 10:04 AM
(This post was last modified: 10-02-2014, 10:09 AM by soliloquy.)
In some states lawyers are not permitted in small claims court - period. But, I believe in Texas it's optional so I would suggest one absolutely because I'm sure they will have one.
Don't miss out on something great just because it might also be difficult.
Road traveled: AA (2013) > BS (2014) > MS (2016) > Doctorate (2024)
If God hadn't been there for me, I never would have made it. Psalm 94:16-19
•
Posts: 898
Threads: 121
Likes Received: 50 in 15 posts
Likes Given: 27
Joined: Mar 2013
If I see a company has anything other than an A, that is certainly a deterrent for me to work with them. However, even if they have an A with the BBB, I would ALWAYS check consumer reports and websites that give reviews from real people - not just the BBB's take on things.
Don't miss out on something great just because it might also be difficult.
Road traveled: AA (2013) > BS (2014) > MS (2016) > Doctorate (2024)
If God hadn't been there for me, I never would have made it. Psalm 94:16-19
•
Posts: 390
Threads: 77
Likes Received: 0 in 0 posts
Likes Given: 0
Joined: Aug 2012
You're going to be paying more money out of pocket to sue the jerks than to pay to repair the car yourself. With your busy life you really want to take the time out of school and research work to present and pay for a lawsuit.
Completed:
FEMA: 20 credit hours, B&M: 33 credit hours, AARTS: 14 credit hours, certifications
ALEKS: Intermediate Algebra, College Algebra
CLEP: Analyzing & Interpret. Literature CLEP - 66, English Composition Modular CLEP - 58, American Government CLEP - 58, Social Sciences & History CLEP - 63
DSST: Intro to Computing DSST - 452
Straighterline: Business Ethics (88%), Criminal Justice (94%), World Religions (93%), Cultural Anthropology (92%), Intro to Sociology (94%)
Sophia: Biology, US History I
Study.com: English Comp II, Presentations for the Workplace
•
Posts: 454
Threads: 7
Likes Received: 248 in 139 posts
Likes Given: 282
Joined: Aug 2014
defscarlett Wrote:You're going to be paying more money out of pocket to sue the jerks than to pay to repair the car yourself. With your busy life you really want to take the time out of school and research work to present and pay for a lawsuit. I doubt most people want to engage in litigation no matter how much spare time they have. But sometimes it's better to err on the side of principle rather than profit.
BS, Information Systems concentration, Charter Oak State College
MA in Educational Technology Leadership, George Washington University
18 doctoral level semester-hours in Business Administration, Baker College
In progress: EdD in Educational Leadership, Manhattanville College
More at https://stevefoerster.com
•
Posts: 798
Threads: 48
Likes Received: 0 in 0 posts
Likes Given: 0
Joined: Jul 2011
SteveFoerster Wrote:I doubt most people want to engage in litigation no matter how much spare time they have. But sometimes it's better to err on the side of principle rather than profit.
Most companies do not ever want to see the inside of a court room and will settle if pushed hard enough if you have documentation to raise a hint of doubt. They also have to balance cost v. benefit, and corporate attorneys' time is not cheap, even if they are on the payroll. The cost of a set of tires versus the possible damage to reputation and their attorney's wages/fees? If you sue them, they usually may need to countersue to reclaim their expenses, and that isn't going to be worth their time.
Edited to add: In other words, if you are going to stand up on the principle, I'd do it without an attorney (and the expense). Small claims judges are going to grant some leeway for a layperson, particularly if a glitzed out corporate attorney is on the other side of a small claims courtroom.
BSBA, HR / Organizational Mgmt - Thomas Edison State College, December 2012
- TESC Chapter of Sigma Beta Delta International Honor Society for Business, Management and Administration
- Arnold Fletcher Award
AAS, Environmental, Safety, & Security Technologies - Thomas Edison State College, December 2012
AS, Business Administration - Thomas Edison State College, March 2012
•
Posts: 561
Threads: 0
Likes Received: 160 in 119 posts
Likes Given: 155
Joined: Jun 2012
10-02-2014, 03:47 PM
(This post was last modified: 10-02-2014, 03:56 PM by Johann.)
mrs.b Wrote:Most companies do not ever want to see the inside of a court room and will settle if pushed hard enough if you have documentation to raise a hint of doubt. They also have to balance cost v. benefit, and corporate attorneys' time is not cheap, even if they are on the payroll...
Edited to add: In other words, if you are going to stand up on the principle, I'd do it without an attorney (and the expense). Small claims judges are going to grant some leeway for a layperson, particularly if a glitzed out corporate attorney is on the other side of a small claims courtroom.
I agree with pretty well all the above, but I'd say "many companies" rather than "most" will often settle. Some are rabid hard-liners.
And I'll stop right here. If someone prefers not to get involved in court action, for whatever reason, then I won't encourage It further. It's a personal decision. However, if there is to be any suit, be well-prepared. Be sure to get the testimony of the qualified technician previously mentioned.
Johann
•
Posts: 10,923
Threads: 649
Likes Received: 1,845 in 1,141 posts
Likes Given: 428
Joined: Apr 2011
10-02-2014, 04:14 PM
(This post was last modified: 10-02-2014, 04:17 PM by sanantone.)
It's not just the tires. The shocks and the mass airflow sensor need to be replaced. They agreed to replace the damaged wheel they tried to cover up with spray paint. With everything that still needs to be repaired, I'm probably looking at close to $1,000. The car is not worth as much as they sold it for because it was priced based on being in good condition. So far, the car has had the transmission rebuilt, an oil leak fixed, a power steering hose replaced, and some other minor things like a taped on piece of chrome that fell off. I told them about the mass airflow problem, but they refused to put it down on the work order. They said it would come up on their diagnostic scan. When I got the car back, they had done nothing about it. Now, my car is increasingly running at reduced power.
I'm hoping to scare them into a settlement. This company advertises a thorough inspection and claims to only sell quality used cars. If that is so, then how come I got a car with dirty fluids, cracking tires, a leaking power steering hose, and a malfunctioning transmission?
Graduate of Not VUL or ENEB
MS, MSS and Graduate Cert
AAS, AS, BA, and BS
CLEP
Intro Psych 70, US His I 64, Intro Soc 63, Intro Edu Psych 70, A&I Lit 64, Bio 68, Prin Man 69, Prin Mar 68
DSST
Life Dev Psych 62, Fund Coun 68, Intro Comp 469, Intro Astr 56, Env & Hum 70, HTYH 456, MIS 451, Prin Sup 453, HRM 62, Bus Eth 458
ALEKS
Int Alg, Coll Alg
TEEX
4 credits
TECEP
Fed Inc Tax, Sci of Nutr, Micro, Strat Man, Med Term, Pub Relations
CSU
Sys Analysis & Design, Programming, Cyber
SL
Intro to Comm, Microbio, Acc I
Uexcel
A&P
Davar
Macro, Intro to Fin, Man Acc
•
Posts: 561
Threads: 0
Likes Received: 160 in 119 posts
Likes Given: 155
Joined: Jun 2012
10-02-2014, 04:54 PM
(This post was last modified: 10-02-2014, 05:04 PM by Johann.)
sanantone Wrote:I'm hoping to scare them into a settlement. I hope you're successful. You first told us about this back in in July, so I advise you to scare them ASAP. The longer you wait, the less frightened they're likely to be. Don't wait for Halloween!
Johann
•
|