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Date:         Mon, 2 Nov 1998 13:57:34 -0500
Reply-To:     Lawrence Johnson <ljohnson@HALHINET.ON.CA>
Sender:       Vanagon Mailing List <vanagon@vanagon.com>
From:         Lawrence Johnson <ljohnson@HALHINET.ON.CA>
Subject:      Re: Problem with dealership service? Who to contact?
Comments: To: Multiple recipients of list <vanagon@vanagon.com>
Content-Type: text/plain; charset=us-ascii

Carl Turner wrote:

> <snip>Good luck getting your money back from the dealer. Perhaps if you pointed > out > that they committed to writing the fact that they charged you for stuff you > didn't actually get and pointed out to them, in a nice way of course, that > this constituted fraud and your next stop will be the local district attorney, > then maybe they will graciously offer you a refund and some free floor mats.

This kind of threat is not a good idea. Any "or else" kind of statement can itself be a crime. It is much better to tell them what they have done and tell them exactly what you expect them to do about it. Better yet, put it in writing. They are not so stupid that they can't work out the consequences of their actions or inactions. Their dilemma is that they don't know what you will do if they don't come across. Let them stew. Don't respond to their prodding. But ultimately if they don't come across do to them what they deserve to have done to them.

> Get someone else to take a peek at the parts in question before you destroy > the evidence that can swear a statement and you've got them dead to rights.

Get photos. Sign and date the back of each photo. Don't use a digital camera. Use one of those throw-aways. Get a licensed mechanic to look at the evidence. Get him/her to co-sign the photos with their license number or shop stamp. Pay the mechanic for the service. Get a receipt.

> What they did is more than just incompetent, its criminal. Maybe they will > give you a new Beetle to settle out of court? Hmmm, this is even better as a > negotiating strategy, remind them that they are liable not only criminally but > you can sue them for damages on top of that. <snip>

Negotiate, yes, but on how they will correct their error. Don't negotiate "or else" and "unless" statements with threats of law suit. If you do it right, their fears will be worse that your threats. Larry


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