chuckzul Posted September 8, 2005 Author Share Posted September 8, 2005 STOP!!!! pull out the slip you signed when you dropped the car off. read the fine print above your signature..... what does it say? let us know Since the car was towed in while I was at work, no slip no signature, thus no fine print. Link to comment Share on other sites More sharing options...
Nachowang Posted September 8, 2005 Share Posted September 8, 2005 By you paying they can probably squeeze more money out of you compared to and from what SoA was willing to pay. But doing work before any approval is a big No No Link to comment Share on other sites More sharing options...
BDII Posted September 8, 2005 Share Posted September 8, 2005 Since the car was towed in while I was at work, no slip no signature, thus no fine print. You win. Its a FEDERAL law that they cannot perform service with out your reqeust. get legal on their a$$ they will bend real quick Need forum help? Private Message legGTLT Link to comment Share on other sites More sharing options...
BDII Posted September 8, 2005 Share Posted September 8, 2005 here are some legal statutes that will help: 16-107. Consideration, what imports. All contracts in writing, signed by the party bound thereby, or his authorized agent or attorney, shall import a consideration.16-108. Want of consideration. The want or failure in the whole or in part, of the consideration of a written contract, may be shown as a defense, total or partial, as the case may be, in an action on such contract, brought by one who is not an innocent holder in good faith.and the kicker........Chapter 16.--CONTRACTS AND PROMISES Article 1.--GENERAL PROVISIONS 16-118. Same; requirements; failure to comply. (a) A debtor or a creditor may not maintain an action for legal or equitable relief or a defense, based in either case upon a failure to perform on an alleged credit agreement, unless the material terms and conditions of the agreement are in writing and signed by the creditor and the debtor. (b) All credit agreements shall contain a clear, conspicuous and printed notice to the debtor that states that the written credit agreement is a final expression of the credit agreement between the creditor and debtor and such written credit agreement may not be contradicted by evidence of any prior oral credit agreement or of a contemporaneous oral credit agreement between the creditor and debtor. A written credit agreement shall contain a sufficient space for the placement of nonstandard terms, including the reduction to writing of a previous oral credit agreement and an affirmation, signed or initialed by the debtor and the creditor, that no unwritten oral credit agreement between the parties exists. © Failure to comply with provisions of subsections (a) and (b) shall preclude an action or defense based on any of the following legal or equitable theories: (1) An implied agreement based on course of dealing or performance or on a fiduciary relationship; (2) promissory or equitable estoppel; (3) part performance; or (4) negligent representation. History: L. 1988, ch. 55, § 2; L. 1989, ch. 70, § 2; L. 1998, ch. 56, § 2; July 1. Need forum help? Private Message legGTLT Link to comment Share on other sites More sharing options...
chuckzul Posted September 8, 2005 Author Share Posted September 8, 2005 here are some legal statutes that will help: 16-107. Consideration, what imports. All contracts in writing, signed by the party bound thereby, or his authorized agent or attorney, shall import a consideration. 16-108. Want of consideration. The want or failure in the whole or in part, of the consideration of a written contract, may be shown as a defense, total or partial, as the case may be, in an action on such contract, brought by one who is not an innocent holder in good faith. and the kicker........ Chapter 16.--CONTRACTS AND PROMISES Article 1.--GENERAL PROVISIONS 16-118. Same; requirements; failure to comply. (a) A debtor or a creditor may not maintain an action for legal or equitable relief or a defense, based in either case upon a failure to perform on an alleged credit agreement, unless the material terms and conditions of the agreement are in writing and signed by the creditor and the debtor. (b) All credit agreements shall contain a clear, conspicuous and printed notice to the debtor that states that the written credit agreement is a final expression of the credit agreement between the creditor and debtor and such written credit agreement may not be contradicted by evidence of any prior oral credit agreement or of a contemporaneous oral credit agreement between the creditor and debtor. A written credit agreement shall contain a sufficient space for the placement of nonstandard terms, including the reduction to writing of a previous oral credit agreement and an affirmation, signed or initialed by the debtor and the creditor, that no unwritten oral credit agreement between the parties exists. © Failure to comply with provisions of subsections (a) and (b) shall preclude an action or defense based on any of the following legal or equitable theories: (1) An implied agreement based on course of dealing or performance or on a fiduciary relationship; (2) promissory or equitable estoppel; (3) part performance; or (4) negligent representation. History: L. 1988, ch. 55, § 2; L. 1989, ch. 70, § 2; L. 1998, ch. 56, § 2; July 1. Hey, thanks Bu11dogg2, that's some pretty good stuff. Hopefully SOA will act on my complaint and I won't have to use it, but now that I have some ammo to use if neccessary. Link to comment Share on other sites More sharing options...
BDII Posted September 8, 2005 Share Posted September 8, 2005 I know a little about subys and alot about law! Need forum help? Private Message legGTLT Link to comment Share on other sites More sharing options...
add_rock Posted September 8, 2005 Share Posted September 8, 2005 Hey, thanks Bu11dogg2, that's some pretty good stuff. Hopefully SOA will act on my complaint and I won't have to use it, but now that I have some ammo to use if neccessary. Peeps lookin' out for peepshttp://legacygt.com/forums/images/icons/icon14.gif. Another reason I love this forum! Link to comment Share on other sites More sharing options...
melayout Posted September 8, 2005 Share Posted September 8, 2005 From the Kansas Attorney General, http://www.accesskansas.org/ksag/Publications/ConsumerCorner/Car/092302_carmaintenance.htm I keed I keeed Link to comment Share on other sites More sharing options...
BDII Posted September 8, 2005 Share Posted September 8, 2005 From the Kansas Attorney General, http://www.accesskansas.org/ksag/Publications/ConsumerCorner/Car/092302_carmaintenance.htm good find Need forum help? Private Message legGTLT Link to comment Share on other sites More sharing options...
melayout Posted September 8, 2005 Share Posted September 8, 2005 Link to Kansas's statues: 50-617. Receipt of unsolicited goods, wares or merchandise deemed gift, when; negative option invitation or announcement; defense in action for return; deceptive act or practice. @ http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=20163 50-626. Deceptive acts and practices @ http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=20172 50-627. Unconscionable acts and practices. @ http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=20173 50-628. Duties of the attorney general. @ http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=20174 I keed I keeed Link to comment Share on other sites More sharing options...
BDII Posted September 8, 2005 Share Posted September 8, 2005 Melayout you work in law? Need forum help? Private Message legGTLT Link to comment Share on other sites More sharing options...
melayout Posted September 8, 2005 Share Posted September 8, 2005 Nope, just stayed at a Holiday Inn last night. Too many speeding tickets + local statues + google. I keed I keeed Link to comment Share on other sites More sharing options...
BDII Posted September 8, 2005 Share Posted September 8, 2005 Nope, just stayed at a Holiday Inn last night. Too many speeding tickets + local statues + google. you need to change your title to "street lawyer" Need forum help? Private Message legGTLT Link to comment Share on other sites More sharing options...
firedawgs Posted September 8, 2005 Share Posted September 8, 2005 It is same as medical insurance B.S. It is easier for the retailer to deny a claim and collect money for the patron then fight warranty/insurance claims; which is usually less money then you would pay out of pocket. Updated my vBGarage: Link to comment Share on other sites More sharing options...
starlabs Posted September 8, 2005 Share Posted September 8, 2005 Yeah that is BS! Hope your situation gets resolved quickly. Boo on the service dept at that dealership! -=- Livin life at 140 BPM -=- Link to comment Share on other sites More sharing options...
waterdish Posted September 9, 2005 Share Posted September 9, 2005 no. that is not a dealership... its a stealership... what BULLSH$^ Dave Link to comment Share on other sites More sharing options...
gt_ltd Posted September 9, 2005 Share Posted September 9, 2005 DAPCE This Space For Rent Link to comment Share on other sites More sharing options...
AWDpower Posted September 10, 2005 Share Posted September 10, 2005 What are we missing? I get the feeling that you did something that they could link to the leaky brake hose. If that is the case, they won't, and shouldn't, cover it under warranty. Did you mount something that rubbed against a line? What I don't understand is how they needed to replace four lines. But that still doesn't authorize them to make repairs without you signing a work order. They should have not continued to fix the car until you approved it. Link to comment Share on other sites More sharing options...
eles1 Posted September 10, 2005 Share Posted September 10, 2005 ^^^ I agree there seems to be part of the story missing here. But the most important fact is this dealership performed work without authorization. That's clearly illegal not to mention immoral. Link to comment Share on other sites More sharing options...
ih8vtec13 Posted September 10, 2005 Share Posted September 10, 2005 Well, obviously the HIDS ruined your brakes! No HIDs do NOT cause the breaks to fail!!!!!!!!!!!!!!! They cause RE92's to spontainiously combust Blame the RE92s for your breaks. Link to comment Share on other sites More sharing options...
waterdish Posted September 10, 2005 Share Posted September 10, 2005 I suggest going to the TSB section and have them replace everything you can get under warranty if they don't credit you. Please give us some updates and are you sure like was stated your not leaveing anything out. I would have never picked up the car and paid... Dave Link to comment Share on other sites More sharing options...
chuckzul Posted September 12, 2005 Author Share Posted September 12, 2005 What are we missing? I get the feeling that you did something that they could link to the leaky brake hose. If that is the case, they won't, and shouldn't, cover it under warranty. Did you mount something that rubbed against a line? What I don't understand is how they needed to replace four lines. But that still doesn't authorize them to make repairs without you signing a work order. They should have not continued to fix the car until you approved it. Hmmm....let's recap, backed out of garage, hit brakes, no brakes. Yeah, that was it, I applied the brakes , totally my fault. After reviewing the work order, they only replaced the one leaky brake line, they were originally going to replace all four as a precaution. One of the things I may not have mentioned was that they never (read: never) showed me the brake line or the damage they said I was supposed to have caused. I know damn well that a good shop will return the parts they removed or at least show you the source of the problem. Link to comment Share on other sites More sharing options...
mmm def Posted September 12, 2005 Share Posted September 12, 2005 Didn't you say you have done stuff to the car? Link to comment Share on other sites More sharing options...
chuckzul Posted September 12, 2005 Author Share Posted September 12, 2005 Didn't you say you have done stuff to the car? The only mods done were HIDS and a Kartboy STS. Link to comment Share on other sites More sharing options...
chuckzul Posted September 12, 2005 Author Share Posted September 12, 2005 Well, here is an update. I just got done talking with one of the senior customer reps at SOA and they totally sided with the dealership and denied my claim. They completely bought into the dealerships bullshit that they informed me before repairing my car of the warranty denial and the new charges and the biggest lie of all was that they showed me the damage. I told the rep that those claims by the dealership were untrue and this basically boils down to his word against mine. He choose his. I guess the customer is never right anymore. No surprise there I guess. Damn good thing I disputed the charge on my credit card. If I lose there I will have no other choice then to go to small claims court. Link to comment Share on other sites More sharing options...
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