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Engine/Transmission (1998.5 - 2002) I Won!!!!!!!

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Engine/Transmission (1998.5 - 2002) BOMBs AWAY!!!

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Oo. Oo. Some of you might recall a few posts I made over the past five months about a dealer in Cottage Grove, OR getting my warranty voided because of my modifications, and charging me $600. 00 to replace the lift pump.



I took them into small claims court last Monday. The dealer sent their General manager and their service manager to represent them. They brought along copies of two pages out of their service manual.



I brought along a copy of the Magnuson/Moss act, copies of all the posts on the TDR I could find concerning failures of the lift pumps. copies of articles from the TD Register along with a few other pertinent documents. The stack was about 3 inches thick.



After giving my side of the case and saying dealers don't like to do warranty work, the opposition got up and said: "we love warranty work. "



Anyway to make a long story short, the judge after listening to us said he had never had a case where there was a violation of a Federal Law involved and would delay judgement until he studied the Magnuson/Moss Act.



Yesterday I got my information back in the mail that I left with him along with a letter saying: judgement was found in my favor and the dealer was to pay me back what he charged me plus all court costs.



I think the biggest thing in my favor was the statement made by the service manager "We Love Warranty Work. "



Thanks to all you guys for all the information I took off the site that backed up my case.



Dewdo in the other Washington
 
I had about the same thing happen to me.

Dewdo,

Glad to hear of your outcome. I might have to visit court myself before my warranty is up. I took my truck in when the check engine light came on. The truck has probably been in there 20 times for oil changes and a few minor things and a lift pump replacement (which they warrantied) every time with mods in place. The service (or lack of) guy called me back after a couple of hours and said they were voiding my warranty for all the mods on the truck even though they just replaced my pump under warranty 2k miles earlier. The guy who worked on the truck said he thought the pump could be going but the codes that came up were for low voltage from the map sensor and overboost. I told the guy if my vp44 goes out they will see me in court. He told me only the vp44 and lift pump would have their warranty revoked, which was a surprise to me. I have bought 3 trucks from this same dealer in the last 3 1/2 years and the last one I bought is the last I will buy from them.



****** in Idaho

Nathan
 
When I first went into the dealer it was pouring rain and I thought my boost hose had come off since I was getting those symptoms. Being physicaly challenged I decided to take it to the dealer to have them replace the hose and didn't bother to remove my VA box. They told me my boost hoses were OK, but the lift pump was below minimum of 10 lbs and had to be replaced.



I told them I had modifications and they said they could work around that. A few minutes later the service advisor came back and said Chrysler had voided my warranty because of the modifications and I would have to pay $600. 00 for a new fuel pump. That was when I decided on the small claims route.



I have also filed a complaint with the Federal Trades Commission against Chrysler for voiding my warranty. Don't let them screw over you. Most of them will if the opportunity arises :cool:
 
I'm not gonna let them screw me over.

It just makes me pretty **** mad when they think they can do anything they want because they have deaper pockets than the rest of us. I guess that is what small claims court is all about. I just hope I dont have more than 3k, the limit in small claims here, in work done in the next 36k miles.



Nathan
 
You should post all the critical information regarding your case against the dealer. Such as You VS The Dealer, County, State and Dates, and the Judges decision/write up. That information alone could save alot of TDR members the trouble of arguing with the dealer. It can also provide "Case Law" for others to use if they take the dealers to court. Judges like it when their decision has already been made for them by another judge, saves them the time of having to research the Laws/Acts.



Come On Share the Wealth,

-Matt
 
Good job Dewdo

STICK IT TO THE MAN





They really tried to bend you over :mad:



Congratulation,

Washington Boys are proud of ya :)
 
I was going to scan the letter, but my scanner have given up the ghost, so here is what it say's:



Circuit Court of the State of Oregon For Lane County, Lane County Courthouse 125 E. 8th Sve. Eugene, OR. 97401-2926



Re: Dewey M. Reynolds vs Paul Skillern DBA Kendall Auto Center Cottage Grove, OR.



Lane County Circuit Court Case Number 70-02-08083



Dear Mr. Reynolds



The Court has had an opportunity to review the documents and the testimony previously given in this Small Claim's case tried July 8, 2002. The Court has concluded that Mr. Reynolds should prevail, and that the Court will award a judgement in the sum of $589. 04, plus costs of $67. 00 and prevailing party fee of $85. 00, for a total of $741. 04.



Thank you for your time and consideration to this matter. I am also enclosing herein the material provided to the Court at the time of trial.





Daryl L. Larson

Circuit Court Judge.





I don't know if this will help anyone without the full transcript of the trial as well as the documentation furnished to the Court. If anyone out there needs any further information E-mail me, and I will furnish you with what information I have.



Dewdo in the other Washington
 
Allright!!!



I have preached this since I became a member- get them to put in writing what exactly voided your warranty, and fight it. 90% of the time, that will stop them, but if it doesn't, keep going after them!!



Gene
 
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Good Job!

Thanks for letting us fellow rammers know about the practices of Dealers when warrenty issues are involved.

I was going to buy a new truck from them in a month or so, not now.

Brian Cobb
 
When I told the dealer I was taking him to court to get my money back, I don't think he realized I was taking him to a court where no lawyers are allowed.
 
Not only did they screw you out of the warranty but they charged you $600. 00 to replace that lift pump WHAT A CROCK. As far as them saying "we love warranty work" This is 100% true, as I am good friends with a dealer and he told me everybody thinks we dont want to do warranty work but thats a load of BS he said bring it on. We get $75. 00 per hour paid from chrysler its better then cash. So thats a "myth". I had a lift pump replace already with no questions asked. The mechanic was in "aw" when he drove my truck :D . These guys who void warranty for minor stuff just got a stick up there a$$. Im glad you had the opertunity to shove it up there a little farther. :p ;)
 
Originally posted by dewdo

When I told the dealer I was taking him to court to get my money back, I don't think he realized I was taking him to a court where no lawyers are allowed.



Great job!!!! I like to hear stories like this (sticking it to 'em when they want to screw over the "little" guy).



I'm kind of dumb when it comes to the law and how or what to do in instances like this. Can you briefly explain what you had to do to get the dealer into court? I'm sure there must be a bunch of paperwork to file, waiting periods, costs, etc. Did you consult with an attorney before hand? Was the process straight forward where the common person can understand what's going on, or is it a bunch of legal mumbo-jumbo that only people with legal knowledge can understand?



I think if you could could give a brief rundown of all the steps involved it may help other members (like myself) know what they are up against and maybe even alleviate some fears, etc. With any luck this kind of info could start a trend where more truck owners will not tolerate this kind of treatment from dealers or DC anymore :p
 
Unless there is a lot of money (Some states more than $5,000. 00) It is best to file a small claims case against the offending party providing you feel you have a good case against the opposing party. No attorney's are allowed in this court, but you can get advise from an attorney prior to court.



All you have to do is to call the County Court House in which the wrong or percieved wrong was committed, and ask them to send you the forms for filing a small claims case. Filling out the form is simple. In Oregon they advise you to write the offending party a letter to see if an agreeable settlement can be made prior to court.



If no settlement can be made, then you file the claim and send in the required filing fee which in my case was $45. 00. In my case since I live in the Seattle area I also paid $35. 00 to have the claim delivered to the opposing party by the local police department.



You will then be sent a court date for the trial which for me was about two months after the claim was filed. If you have a wittness, they can be present, but no attorney's.



As the plaintiff you will be asked to give your side of the story and present any evidence you might have to the judge.



After you, the defendant will give his side of the story and present any evidence he or she might have.



You will be given a chance at the end to ask any question of the defendant or make any comment you like. Dress apropiately, I wore coat and tie as did the defendant's. I noticed that in cases prior to mine that I watched, the plaintiff's wore jeans and were poorly dressed and their defendant's who were better dressed won in most of those cases. Proper attire shows the judge you have respect for his court, and will help your case.



The judge will weigh each arguement and in most cases make a decision when both parties have presented their case. In my case the judge was not familiar with the Magnuson/Moss act, and delayed his decision until he could study that law. I was notified of my favorable outcome a few days later.



Small claims court is the best way to go if you don't have a five figure claim. The losing side pays for the others court expenses plus in some cases a small judgment fee. Mine was $85. 00.



GO FOR THEIR THROAT IF YOU FEEL YOU ARE BEING SCREWED OVER BY A STEALERSHIP!!!!!



Dewdo in the other Washington
 
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