Didnt want it to come to this, but I am going to file paper work at the small claims courts againstXXX Volvo in Wakefield, Ma.

they owe me 2300$ refund in repair + 1000$ refund from an original warranty. We call every 2-3 days, and they say constantly, "So and so isnt in,with out him we cant give you a decision, we'll call you back later." This has been going on for 1 to 1.5 months, they cant seem to sort it out, and furthermore we dont get calls back to them.

for one they lost and misfield all the paper work on my original warranty. Plus they put the starting date of the warranty on the copy we have as 06/2005, when the warranty was suppose to start 09/2006 have credit card statements to back that up.

I cancelled my old warranty and purchased a new one on 01/2008, so there was 9 months to go on my old one---this is where the 1000$ refund comes from. Thenew warranty denied the 2300$ in repairs, and the old one BECAUSE it was never cancelled was still in effect, but all the paper work was messed up, so in that aspect we're still covered for the warranty. Even so I could turn around and say that I dont want the new one and stay with the old one...

the two managers we spoke to never call us back, always us calling them. I have never seen such bad service from the filing paper work area. The service work on the car is great, but the service upfront is terrible.

lol any advice?---> so frustrated :O >< ...

I dont think VCNA can help this out..

 

Sorry none from me.

 

Threaten them with legal action or file a complaint at the BBB. They will respond to you.

 

yeah Ill give that a shot tommorow thanks, I think the BBB thing might do the trick we'll see.. O.o

 

Call and make an appointment to see the president/owner of the dealership. Bring in all your information (with copies to give to them). Write down a list of all dates, times, who you talked to, etc. Calmly go over this information with them. Don't threaten but simply state that if a reasonable accomodation cannot be made between you and them that you will have no other alternative but to seek redress through the legal system. Give them a final date for a resolution and if this is not met then file your papers. Good luck.

 

Should it come to your having to go to small claims court (and let's hope it doesn't), seriously consider taking an attorney with you. You can bet that the dealer won't simply send the service manager(s) to tell their side of the situation. They'll have an attorney show up to defend their position.

Even if the attorney ends up not being needed, the couple of hundred bucks it will cost you to have him attend will show you are serious about this and are determined to see it through. They also won't be able to bamboozle you with a bunch of legal mumbo jumbo that you may or may not understand completely.

Never take a knife to a gunfight!

 

yeah I gave them one last chance today to make it right, If I dont hear from them tommorow sometime between 12-2, I guess I have no choice but to take them to court..

 

well this has been worse thana night mare... we gave them up and until today to get back to us... all and said nothing accomplished, today we go see a lawyer O.o ....

 

Let us know what the lawyer has to say.

 

did I mention that he said he would put afile that for the next volvo to give us a deal? is that bs or what.... the crimity....

 

I was reading the previous thread, where some people said that the extended warranty was worth it. I was against it and stated thatbusinesses could come up with excuses not to pay your warranty. No offense, and I'm sorry that there are such ill-minded businesses out there.

I used to say that extended warranty was 80-85% of the time waste of money. I now revised it to 90%.


JPN

 

Ummmm............... I don't want to sound professorial here but the purpose of a small claims court is to eliminate the necessity for an atty............hence the reason for such a low ceiling on the 'amount' that can be eliminated. IE: you cannot have an atty represent you in small claims court. As an aside, if the warranty services want to win this thing that you file against them, they can simply have the matter removed from small claims and re-filed in district court which will cause you to reevaluate your position about hiring council.

r.
I have no idea why I wrote the word: "elimininated". Please make that read: "collected".

 

lol technically I have 2 overlapping warranties.

So I swung by the delearship one last time after talking to the lawyer... hoping to reach a resolution...

The only paper work the delearship has is the copythey got from us (mistake), before this they had no paperwork. Even then the copy from us is messed up because the mileage is crossed out. It states that we purchased the warranty on 06/2005 (paper work says this)--this is the day I bought the car WITH no WARRANTY, The warranty was purchasedwhen in 09/2006 (credit card statements say this). So the warranty company that got the paperwork there for declares the warranty is expired, when it was suppose to expires in 09/2008. That copy is signed also by me...legally I think he has me there, but im not buying into that.

We paid for a 2 year warranty, and only got 1 year outof it...

Then he told me that as soon as I buy a new warranty that It automatically voids the old one...

The lawyer was definately seeing that it was there wrong, and was the one to tell me to go and swing by ther..

Oh and when I asked for the owner information of the dealership, completely denied the contact information or even the name, address etc. He tells me that they are intouch only once a month...

I have all these service historys which shows that at 49k all repairs were done good will Volvo Delearship, and then starting at 60kish the repairs were taken over bythe extended warranty....

My Goodness, lol I probably confused you all ...

I know what the story is, its so boggled and confusing, makes me confused just thinking about it. The manager at the delearship is being stubborn and only sees whats on the contract.. Didnt even care too look at the card statements, kept pointing back to the paper that was signed and had the date of june 2005.......

well, supposedly he will be intouch on the 15th with the owner, which i Doubt and to call on Monday...


I dontreally want to go the court way b/c the lawyer said it can take a year to 2 years to resolve, but the options are pointing to this.

anyways thanks for hearing me out lol...

 

Hi Reg,

Thanks for the feedback. While you're correct thatsmall claims is vehicle that allows self representation, the determination on whether an attorneymay or may not be present is apparently up to individual states.

Here in Michigan for instance, one cannot have an attorney represent them and that right actually has to be waived. Ref. the following link on Michigan small claims court: http://courts.michigan.gov/scao/self...ivil/small.htm

In Illinois on the other hand, an attorney is permissible in small claims, the Attorney General website http://www.ag.state.il.us/consumers/smlclaims.html states:

"Is an Attorney Required?

In small claims court you can handle your personal or business legal matters without an attorney; however you can hire an attorney to represent you if you wish. If the other party has an attorney, your chances of winning might be better if you also have an attorney."

If memory serves, Ohio also allowed legal representation in small claims, thoughI haven't lived there in 25 years and laws may have changed since then.

Not knowing the specifics of where Gordon lives and etc., my suggestion was for him to consult with and take an attorney with him to small claims. If his state, like Michigan, disallows that practice, his attorney would counsel him on that. Despite that,Gordon could still have the benefit of an attorney guiding him in the background even if the attorney could not attend the proceedings. It was prudent advice to make sure Gordonhad all the ammo possible on his side, i.e. stacking the deck in his favor. Sounds like he already did that, given his response in the interim.

b.

Edit: despite this sidebar, the focus is on Gordon's situation, or should be...

Gordon, good luck to you in pursuing your claims against that dealer and dealership!!!

 

You are correct re: Michigan. About 100 years ago I spent some time in the Michigan courts. Quite frankly that was early on in my career and interestingly not all states had the small claims venue available. I am far removed from those days and now spend my time in Superior court exclusively. At any rate, 100 years ago no council could represent an individual and so if you were perturbed enough, the matter could be removed to district court and voila.......the opposing party then had the burden of hiring council................or dismissing............or representing themselves (not a good idea).

r.

 

I feel he has me on the paper we gave him a copy - the only reason he got it is b/c he was going to fix it and never did.

That paper says that the warranty started on June 2005....Completely wrong, credit card statements state Sept 2006 it was bought, infact I have service dates from the delearship that show "100% good Will Volvo" and then a little later "extended warranty coverage."

That paper also has the mileage of the car crossed out on it, and more importantly, when I was sold the warranty for 2 years and the cost X dollars, the new warranty guy told me Volvo never offered a 2 year for that much... I dont know if Im legally bound to that paper since I signed it, and the date was june 2005 when infact taht was totally wrong.

I know the manager of Volvo knows it is wrong, but he wont fix it, and to top it off he seemed to have a smarterass comment to make when I was trying to make a point.

Im from Massachusetts btw lol...