View Poll Results: What to do... <please read it all first>

Voters
34. You may not vote on this poll
  • Pay whatever the guy asks for

    0 0%
  • Don't pay anything "cya in court!"

    33 97.06%
  • Try offering something around $250 -- if rejected, "sorry, cya in court!"

    1 2.94%
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Results 21 to 40 of 58
  1.    #21  
    Quote Originally Posted by Chick-Dance
    I am not a lawyer but I play one on TV

    Seriously though Joebar, I think there are two separate issues at hand:
    1. A receipt and a verbal estimate from the ‘garage.’
    2. Your “responsibility” to check your warranty.

    Clearly the first issue voids the second. Since you have both a receipt and an estimate for ONLY $150, you can’t be expected to pay beyond the $150. I strongly encourage you NOT to offer the garage anything or it would look like an admission-by-guilt, and would not help your cause should the case go to court/judge. It is the garage’s responsibility to solve this case so let them take you to court if that’s their choice. But if you negotiate with the garage’s manager to pay something, no court will be kind to you.
    Very good points Chick.... Thx for the advice (and everyone else too).... I will let you all know how it unfolds.

    One thing, I really dont have a lawyer to call my own. I should give them the number of the NY atty general's office!


  2.    #22  
    Quote Originally Posted by topher
    Bottom line, sounds like the service department needs to work this out with whoever is writing your extended warranty and come to an arrangement with them. You've paid what you were quoted and billed and they seem to have made the mistake of "assuming" it was still warranty work.
    hmm never thought of it that way. I should tell the service guy it's your mistake and I think you're trying to work it out with the wrong party (me). You need to work out your problems and mistakes with the OEM manufacturer.


  3. #23  
    I cant believe that you havent already told them to FO
    Well behaved women rarely make history
  4. #24  
    atta girl!
  5. #25  
    Quote Originally Posted by clairegrrl
    I cant believe that you havent already told them to FO
    you go girl
  6. #26  
    Im no lawyer but it sound like you dont owe them another penny
  7.    #27  
    Quote Originally Posted by jamespaulritter
    Im no lawyer but it sound like you dont owe them another penny
    I think that's the general consensus

    But the common guy's general feeling is "F the man".... "tha man" being the dealerships we all know try to screw us at any chance. It's great revenge for all the little guys, but I do wonder what a real lawyer would think of this?

    thx all...


  8. #28  
    Quote Originally Posted by Joebar
    I think that's the general consensus

    It's great revenge for all the little guys, .....
    Joe...it's not just about "the guys."
    Well behaved women rarely make history
  9. #29  
    An estimate and subsequent bill, becomes a contract. Whe I underbid jobs and am awarded them, I am not able to ask for more money after the completion just becuase I made a mistake. They effectly removed your options to get other opinions. You might have been able to get the work done for less somewhere else. Its also possible that some of the work wasn't needed. They CANT just do a bunch of work telling you that its under warranty and then bill you later. For all you know the "mistake" was intentional.
  10.    #30  
    Quote Originally Posted by sxtg
    They effectly removed your options to get other opinions.
    Good way to put it! thx


  11. #31  
    Nice.. you quoted my spelling mistake

    I meant effectively
  12. #32  
    Joe, I was in a very similar situation. I told the company there was no way in Hell I was going to give them another penny when I had proof of fulfillment of my obligation in my hand! They pushed, (I guess they have to TRY...successful or not), I threatened with a non-existent lawyer and they never called again.

    I don't see how they can possibly get another dime from you...just an opinion, though. Hopefully a nice (what am I saying?) ;-)
    a lawyer will chime in and advise....enlighten all of us!
  13. #33  
    Joe,

    Attempt to call some lawyers on the phone and give them the quick 5 minute story. Most of the time, for me this works. If I call 10 or 15 maybe 8 will provide some quick advice... they will not make any money on $1000, but they will tell what you need to know in two or three minutes (well, provide the basic law to be applied to your case).

    My story was not to happy... long story short, we settled out of court.

    I took the FO route thinking I was in the clear. Suddenly I had a red note on my door (being sued -- small claims). I showed to a couple of attorneys, and they said, you have a good case, but it could go the other way... depending on what judge you get! LOL Then I was told if I lost, I would pay all court cost!

    The other side knew that as well, so we had a meeting and put all "I am right" feelings to the side and discussed the issues. Within 20 minutes we had a resolution. Honestly, I think we all walked out feeling like we had got stiffed -- both sides. But it was cheaper.

    Just be careful... don't ignore these guys... don't offer anything, unless you know the conversation is not being recorded.

    Most of all, be honest with yourself. How much work did they do? Is your car out of warranty? What would Jesus do? How much would the same work cost at another place... maybe you split the cost or something.... you need a ride.

    This is the stuff a judge will ask right before making a ruling... remember small claims is a different animal...

    Your car light came on again, and you now have this issue to deal with... you need to be speaking to someone.
  14. hsk
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    #34  
    I dunno, I think I'm a pretty fair person, I thought the "you gave me a quote, you're out of luck" option was reasonable. Particularly since the check engine light is coming on again. I can't ever remember whether my car is under warranty (who can remember what month 5 yrs ago they bought a car??), if they challenge it, I'd have to provide proof, but usually they'll tell me.

    I'm not a lawyer either, but I can't imagine why you'd want to spend money retaining someone, don't you have any lawyer friends you can bounce this off of? I'm pretty sure you're on the right side, and red notes are just scare tactics.

    I can't imagine the laws in NY are much different from here: they can't put a lien on your car here without some kind of authorizing documentation, and you don't get awarded court costs unless it was REALLY cut and dried that the other guy should have paid up and not caused you to incur the expense.

    On the other hand, it's not THAT much money, if it's causing you grief it might be better to settle and be done with it.
  15.    #35  
    Quote Originally Posted by theog
    Then I was told if I lost, I would pay all court cost!
    You sure about that? In small claims court?? I dunno. I can't see any judge dealing me a loss. At worst I think a 50/50 split of the $1000 "bill".

    Quote Originally Posted by theog
    Most of all, be honest with yourself. How much work did they do? Is your car out of warranty? What would Jesus do? How much would the same work cost at another place... maybe you split the cost or something.... you need a ride.

    This is the stuff a judge will ask right before making a ruling... remember small claims is a different animal...

    Your car light came on again, and you now have this issue to deal with... you need to be speaking to someone.
    They replaced 5 or 6 parts over two days, but did I need all this work? (especially since the light is back on) Did they just do all this extra work because they thought it was under warranty and would get reimbursed by the OEM? A family member who once worked at a dealership said it's basically open season when a warranty repair comes in -- cha ching.

    I dunno what Jesus would do, but I'm sure he wouldn't side with a shady car dealership guy.

    The car is running and not stalling now (although we're bringing it to another independent guy on Monday to have the code checked out -- wonder what it'll say the problem is!?!?).

    I dont know what the work would cost at another place because I dont know how much of it was really necessary. Maybe line item #1 was enough to solve the problem and they just did all the extra stuff anyway for more $$$.

    thx


  16.    #36  
    Quote Originally Posted by Christinac130
    Joe, I was in a very similar situation. I told the company there was no way in Hell I was going to give them another penny when I had proof of fulfillment of my obligation in my hand! They pushed, (I guess they have to TRY...successful or not), I threatened with a non-existent lawyer and they never called again.
    re: your "i guess they have to try" comment..... When I spoke to the woman (before speaking to the manager) she said (after I told her I'm not paying $1000) "well we have to get something out of you" (those exact words)...


  17.    #37  
    Quote Originally Posted by hsk
    On the other hand, it's not THAT much money, if it's causing you grief it might be better to settle and be done with it.
    thx hsk....

    Yeah, not TOO much, but not causing me THAT much grief almost no grief at all really , but it's more the principle... I wouldn't mind going to small claims to battle this out -- may be interesting..


  18. hsk
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    #38  
    Quote Originally Posted by Joebar
    it's more the principle... I wouldn't mind going to small claims to battle this out -- may be interesting..
    In that case I'd fight it, I'm sure you're in the right. Assuming they actually file a claim, red notes and nasty lawyer letters are not the real McCoy. At least not here, they have to actually serve you with the papers (are you JB? Yes, I am. OK, here's your notice that you're being sued), not just leave it on your door.
  19.    #39  
    Well today is Monday and I haven't heard anything from the service manager. He said he was gonna call today with [his idea of] a solution fair to both of us.

    I'm wondering if they're just gonna drop it and never call me. hmm


  20. #40  
    If they call, just say No Hablo Ingles
    Well behaved women rarely make history
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