[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index] [New Search]
Sorry about the fwd, I'm not really
"back" from vacation yet..
Received: from localhost (localhost) by compassnet.com (8.7.5/8.7.3) with internal id LAA24533; Sat, 9 May 1998 11:05:21 -0500 (CDT)
Date: Sat, 9 May 1998 11:05:21 -0500 (CDT)
From: Mail Delivery Subsystem <MAILER-DAEMON>
Subject: Returned mail: Host unknown (Name server: vwtype3.com: host not found)
Message-Id: <199805091605.LAA24533@compassnet.com>
To: <concept@compassnet.com>
MIME-Version: 1.0
Auto-Submitted: auto-generated (failure)
Content-Type: multipart/report; report-type=delivery-status;
boundary="LAA24533.894729921/compassnet.com"
The original message was received at Sat, 9 May 1998 11:05:19 -0500 (CDT)
from ts-hou1-11-19.compassnet.com [198.66.160.120]
----- The following addresses have delivery notifications -----
<type3@vwtype3.com> (unrecoverable error)
----- Transcript of session follows -----
550 <type3@vwtype3.com>... Host unknown (Name server: vwtype3.com: host not found)
Reporting-MTA: dns; compassnet.com
Received-From-MTA: DNS; ts-hou1-11-19.compassnet.com
Arrival-Date: Sat, 9 May 1998 11:05:19 -0500 (CDT)
Final-Recipient: RFC822; type3@vwtype3.com
Action: failed
Status: 5.1.2
Remote-MTA: DNS; vwtype3.com
Last-Attempt-Date: Sat, 9 May 1998 11:05:21 -0500 (CDT)
Return-Path: concept@compassnet.com
Received: from compassnet.com (ts-hou1-11-19.compassnet.com [198.66.160.120]) by compassnet.com (8.7.5/8.7.3) with ESMTP id LAA24531 for <type3@vwtype3.com>; Sat, 9 May 1998 11:05:19 -0500 (CDT)
Message-ID: <35549ACD.FCB926B0@compassnet.com>
Date: Sat, 09 May 1998 11:05:03 -0700
From: Allen Moore <concept@compassnet.com>
Reply-To: concept@compassnet.com
Organization: Conceptual Decisions Computer
X-Mailer: Mozilla 4.04 [en] (Win95; U; 16bit)
MIME-Version: 1.0
To: type3@vwtype3.com
Subject: 1971 Sqaure Reverse Pop Out Legal Matters
References: <35496E0B.89B6B357@protozoa.com>
Content-Type: text/plain; charset=us-ascii
Content-Transfer-Encoding: 7bit
Dear Misshell:
While I am not a lawyer, I do have a good legal sense and have
successfully
litigated against a business or two in my lifetime. Here are some
questions
and comments I have for you.
Sorry for this late response, I've just returned from vacation.
1. What state are you in?
2. I am located in Texas where we have a very strong deceptive trade
practices
law. Most states have these, and if you feel you have been "done
wrong"
by a shop, this can really work in your favor.
3. First of all, as strange as this sounds, you really shouldn't have
stopped payment
on that check. This can open a can of worms for you and the shop can
put a
mechanics lien on your car which can even lead to repossession of the
vehicle!
So pay them first to limit your exposure. With mechanics you have to
pay them
and attempt recovery later.
4. Next, send them a "registered, certified" letter addressed to the owner
of the
shop (make sure you send it to "Mr. Insert Name c/o Shop name". In
this
letter outline exactly what you feel they did wrong to your car. Also
state
if you feel they told you you were getting something new and they
didn't
provide it. In other words, outline anything that they told you they
did and
you feel that (or have proof thereof) that they didn't. Then in this
letter
tell them that if your complaint is not adequately addressed in the
next 30
days (you have to give them time to respond and attempt a remedy for
you
case) you will take legal action against them and hold them
accountable
for any losses and legal fees that you have encountered. This
USUALLY
will get them moving to remedy your situation. SAVE the return
receipt
you get back from this letter, this will be proof that you sent it and
the shop
received it! Also save a copy of the letter you sent too.
5. If they don't respond, you can then contact a lawyer, OR you can do it
yourself in "pro se" or small claims court. You can get more
information
on this by going to your town hall and asking what your local
procedure is.
In small claims court, you do not need a lawyer, but you have to
demonstrate
to the presiding judge that you honestly tried to resolve this issue
with the
shop in good faith. If you have documentation of what dates you
called
them on, your original mechanics order outlining what they were
supposed
to do to your car, etc. all the better.
Please note that in most states, the judge will not order the shop to
fix your
car right, but rather will offer you compensatory damages ($$)
instead.
6. One thing you will have to do is to weed out all the unimportant
information
and just present the facts. They judge won't want to hear anything
not
really important.
Hope this helps!
Respectfully,
Allen Moore
concept@compassnet.com
70' Square
misshell wrote:
> I have a 1971 Squareback. The shifter would sometimes pop out when I
> had it in reverse. However the gear did NOT pop out. I took it to a
> shop for some other reasons and I asked them to explain why it popped
> out of reverse. They said I needed a new shift mechanism and it would
> cost $150.00. They told me if I did not get it fixed it would ruin the
> transmission. After they "fixed" the shifter it started to grind gears,
> and it was very difficult to get it into any gear. Especially first and
> third. Just 1 day later it completely stuck in first gear. They told
> me that because I forced it into first gear, which I did not do, that
> the transmission was now ruined. They told me that it would cost me $
> 800.00 to replace the transmission and they said my clutch was shot
> too. I have been driving a manual transmission car for over 10 years
> now, I did not think there was a problem with the clutch. They went
> ahead and "replaced" it. But when I drove it out of the shop, it was
> worse then ever, and they had it for nearly 3 weeks. When the shop
> owner would not return my calls I stopped payment on the check. Now I
> am being sued by the mechanics check guarantee service for the money. I
> had the Consumer Bureau of Auto Repair investigate this and they only
> wrote them up on paperwork violations. I want to sue this mechanic,
> can anyone help me? It would help me a lot if people could offer their
> insight who have experienced similar problems with their VW. I love my
> car, I think the mechanic ripped me off, I did not force it into first
> gear. Not to mention that I never had problems with the stick shifter
> other than an occasional pop out in reverse, that is I never had
> problems until the mechanic worked on it.
>
> Us VW owners must stick together, can anyone help me????????
>
> Michele