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Scion FR-S / Toyota 86 GT86 General Forum The place to start for the Scion FR-S / Toyota 86 | GT86

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Old 04-11-2018, 06:31 PM   #57
Summerwolf
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Do you know if it started for them at the dealer after it was towed? Before they worked on it anyways. Were you there for the unloading?
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Old 04-11-2018, 11:28 PM   #58
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Also, what about miles on the car? Service/maintenance history? Year of the car? Etc...
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Old 04-12-2018, 07:32 PM   #59
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I was there when the car arrived on the tow truck but they did not try to start it while I was there, it was left in the parking lot. It's a 2016 with 20,000 miles, no prior issues. The state inspector said no one else complained, and he gets at least 10 calls when a station actually has bad gas. The returned spark plugs are dirty, not sure if that is unusual. I'm not interested in suing, I'm not even sure they did me wrong, although it does feel like I was overcharged. I'll probably just leave them a bad review on Yelp and elsewhere to warn others.
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Old 04-12-2018, 09:42 PM   #60
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Originally Posted by finch1750 View Post
A demand letter is usually all it takes. Not saying OP would win but SC court costs are low. If he feels the dealership really was out of line this would be the legal way to get proof.
Absolutely agree 1000%...that's why you wait the 30 days for a response. when you send that original demand letter.

You have to act really nice and request documents from them showing how they came to the decision they did.

Judges love to have their time wasted because the defendant didn't cooperate and give you the proper documents.

In cali, you can do cool things to swing things in your favor. Like you may have a 1 or 2 years statute of limitation to file a suit, but if you combine "unfair competition" into the suit, now magically it's 4 years. You sit on this for 3 years and 10 months, send demand letter. File court papers 30 days later, making sure you keep your copies of all the information you will need. The defendant things got settled 3 years ago and throw away their evidence and are blind sided by a sudden lawsuit 3 years and 11 months later. They are unprepared, can't find records, are basically up against the wall.

The beauty of this is, paper trail is golden. That mechanic may not even work there anymore. Even if he does, "how many cars have you worked on since this one", you can start attacking recollection, bad documentation, etc. You hint at all this, 30 minutes before your court time when the judge asks you if you would like to discuss a settlement in the attorney chambers with the defendant. At that point, they are ready to settle which is pretty good idea to do. You don't want them to appeal a judgment to superior court and if you lose there, you may have to pay for their attorney's fees and yours. Their promise to settle is on the court record and now comes the fun on collecting.

Courtroom apocalypse now. "God I love the smell of napalm in the morning"

Cali is only f'ed up for dumb defendants.
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Old 04-13-2018, 02:42 AM   #61
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Originally Posted by pcguru2000 View Post
Absolutely agree 1000%...that's why you wait the 30 days for a response. when you send that original demand letter.

You have to act really nice and request documents from them showing how they came to the decision they did.

Judges love to have their time wasted because the defendant didn't cooperate and give you the proper documents.

In cali, you can do cool things to swing things in your favor. Like you may have a 1 or 2 years statute of limitation to file a suit, but if you combine "unfair competition" into the suit, now magically it's 4 years. You sit on this for 3 years and 10 months, send demand letter. File court papers 30 days later, making sure you keep your copies of all the information you will need. The defendant things got settled 3 years ago and throw away their evidence and are blind sided by a sudden lawsuit 3 years and 11 months later. They are unprepared, can't find records, are basically up against the wall.

The beauty of this is, paper trail is golden. That mechanic may not even work there anymore. Even if he does, "how many cars have you worked on since this one", you can start attacking recollection, bad documentation, etc. You hint at all this, 30 minutes before your court time when the judge asks you if you would like to discuss a settlement in the attorney chambers with the defendant. At that point, they are ready to settle which is pretty good idea to do. You don't want them to appeal a judgment to superior court and if you lose there, you may have to pay for their attorney's fees and yours. Their promise to settle is on the court record and now comes the fun on collecting.

Courtroom apocalypse now. "God I love the smell of napalm in the morning"

Cali is only f'ed up for dumb defendants.
......and I hope you keep that crap thinking down there ......


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