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Threatened to small claims court..

Discussion in 'Off the Topic Forum' started by firmwood, Jan 12, 2019.

  1. firmwood

    firmwood ArboristSite Operative

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    I had some work done on my vehicle @ a dealership regarding warranty issues.

    I was issued a loaner, and long story short, I ended up being responsible for a damaged trunk latch, since the vehicle was returned not in the sme working condition as it left.

    So, my insurance covered it, me responsible for the deductible to the dealership, $500.

    This was back in July. Never got anything mailed regarding my balance. October/November they emailed me and reminded me. I said thanks, mail out another invoice for my records. (dealer is 120 miles away).

    Few weeks they asked again, I said I didn't receive it. I really didn't. They sent it again, this time certified mail. The hours I worked, took a week or so to find the post-office and sign for the delivery. This was a few days before Christmas.

    Well, I mailed them a money order for $50, and I got an upsetting email, with alot of cc, and I'm sure some bcc fields filled, and if they don't receive the remainder $450, they're taking me to small claims, which I'm sure they'll bring a lauwerr, and I'll be responsible for laywer fees if I loose.

    Should I paid it all up front or is this just a bluff? The fact they accepted partial tender, how does that work in Michigan?

    My invoice states absolutely nothing, and we never agreed anything in writing of payment or no payment plans, and when I asked them to provide company policy regarding accepted payments, they skipped right over that in their email reply. Wouldn't state statue default at that point? And what is the state default?

    I'm having trouble finding the technical law of this situation.

    The fact they emailed me and confirmed to accepting the partial payment makes me assume partial tender has been established and is acceptable?

    Any ideas? Thanks.

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  2. ChoppyChoppy

    ChoppyChoppy Addicted to ArboristSite

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    You owe them $500, and only paid them $50, not sure what the confusion is there?
     
  3. firmwood

    firmwood ArboristSite Operative

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    Oh, they're not happy I decided to initiate installments. I thought my post mentioned partial payment?

    I found nothing on my invoice payment over installments is not accepted. They accepted my first installment.

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  4. Del_

    Del_ Life is but a song we sing.

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    Lol!
     
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  5. firmwood

    firmwood ArboristSite Operative

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    I think it's a bluff.

    I think in Michigan once you accept partial installment, unless there is a written agreement, you default to arranged partial installments?

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  6. SamT1

    SamT1 ArboristSite Operative

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    Is their charge on the loaner legitament? Like you wrecked it or whatever? Or just a coincidence something broke while you were putting it through normal use?

    You should probably go talk to someone there and get your payment plan kinda official. They probably don’t believe you’ll make the payments since it took you so long to send the first one.

    I doubt they will really take you to court, but you never know if their lawyer is bored and they just pay them a retainer.
     
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  7. unclemoustache

    unclemoustache My 'stache is bigger than yours.

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    Agreed. You broke the car they loaned you, took six months to do anything about it, and when you did finally pay you only gave them a tenth of what you owed them.

    Pay the full amount and quit trying to blame others.
     
  8. stihlaficionado

    stihlaficionado God of ArboristSite

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    You owe $500. As a small biz person, unless someone arranges installment payments before the work is done, all payment is due upon completion of work.
    You can't assume the dealership is OK with a small payment(10% of total due). Looks like you have created more of a mess for yourself.
    A cautionary tale for us all.

    Certified mail is a bad sign, especially from the IRS. They mean business.
     
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  9. 1Alpha1

    1Alpha1 100% USDA certified abnormality-free.

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    Depends on who's looking for me.....and why.
    I'm curious as to the damage you speak of. Is it legit and are you responsible for it? I'm going to assume that you are, because you didn't say otherwise.
     
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  10. buzz sawyer

    buzz sawyer Addicted to ArboristSite

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    What kind of trunk latch costs $500+ to repair unless there was body work involved as well? Assuming the charge was legit, should have paid the full amount up front unless the dealer agreed to installments in the beginning.
     
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  11. ham

    ham ArboristSite Operative

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    This story is ridiculous bullshit

    First off no trunk latch on a loaner/rental is $500. Even if it was, the dealer would negotiate with you to replace it at their cost.

    I'm guessing you just backed the **** into something. As a small business owner I hate people like you. You f'ed up so pay up and stop screwing around
     
  12. dmb2613

    dmb2613 ArboristSite Guru

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    Pay them!!
     
  13. firmwood

    firmwood ArboristSite Operative

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    Oh I plan to pay them more. I just had the extra $50. I only got the certified mail Dec 22nd.

    Apparently there was a scratch on top of the trunk.

    Latch was $239. Paint and material another $200. Labor and taxes, blah blah.

    Ended up being $615.

    Im fully responsible. I am making payments. By no means am I trying to avoid anything.

    Whats frustrating the loaner had 540 miles on it. I opened the trunk, closed it after I put my bags in it. Drove home. Opened trunk, closed it. Bounced back open.

    Now, if I bought the car, and it didn't latch, warranty work all day, since it was a loaner, the agreement is I'm responsible for everything if it doesn't come back in same condition.

    I made the mistake of not participating in the walk around, nor looking for scratches.

    Insurance company even thinks it's fishy and tried to help me, but what I signed I'm locked in. Which is fine.

    So, they're mad they didn't get all their money in a lump. I mailed another $50 yesterday.

    /me shrugs.

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  14. ham

    ham ArboristSite Operative

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    Your entire story is total BS. They are likely pursuing it out just out of principle. You're going to lose in court. They are going to take you for not just the damage but also lawyers fees. I suggest buying some KY but pay in full because you will need the entire bottle
     
  15. 1Alpha1

    1Alpha1 100% USDA certified abnormality-free.

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    Depends on who's looking for me.....and why.
    I've never had to rent a car in my life. A couple of years ago, my wife and her older sister wanted to go to Hawaii. Once there, of course they wanted to rent a car. I told my wife to spend as much time as they could, inspecting the vehicle they were to rent. I told her to take note of any and everything that wasn't perfect. Do it in writing and make sure that the company they rent from, makes a copy of it.

    Between her and her sister looking over the car, they spent 30 minutes doing so, before they took possession of it. They only had it for three days. When they went to return it, of course, the company inspected it as well before they accepted it back.

    There were three items in discrepancy and claimed as damage to the car. All three issues were already on the list of things about the car my wife had pointed out when they took possession of it. The company had "trouble" finding their copy of the list.

    Long story made a bit shorter, the company accepted it back due to my wife's list. I'm sure as Hell, that if she hadn't had that list, they would have charged her credit card for the repairs. I did keep an eye on the credit card for a week or two........just be sure.
     
  16. firmwood

    firmwood ArboristSite Operative

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    What is bs? I'm fascinated by this claim.

    You want me to take a photo of the invoice?

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  17. ham

    ham ArboristSite Operative

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    Post pics of the damage
     
  18. SamT1

    SamT1 ArboristSite Operative

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    I think you should go in person and talk to the GM or someone at the top of the chain. It really sounds like a mess that you shouldn’t have been responsible for.
    Regardless of what you signed $600 is nothing to a a car dealership and it looks like most of it was labor anyway. I defiantly wouldn’t do business with them if that’s how they treat customers.
    If it’s a program car they use as a loaner for so long, odds are it will need a paint buff anyway and a latch should be warranty. Who on earth files insurance on damages only $100 over the deductible?

    All that said just slow paying it is the wrong plan.

    IMO the only way I’m gonna pay any damages on a loaner is if I put a dent in it or actually did scratch or damage it. The lock breaking is about like the oil change light coming on while you have the car and them charging you for it. And a small scratch that I didn’t know anything about how it happened would be assumed already there. Some things are part of their risk in a loaner car program.
     
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  19. SamT1

    SamT1 ArboristSite Operative

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    No shock the amount of people who didn’t read the OP.
     
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  20. firmwood

    firmwood ArboristSite Operative

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    They wouldn't release my vehicle without a claim # or $500 up front. So at the time it was easier just to make a phone call and get it rolling.

    GF ended up getting my car. I was across state.

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