Letter of Flounce

[celticravenwolf]

An update about the Dodge Stealth that Martino bought back in September.Long story short, the guy said "aww, that's too bad," and refused to do anything about it. We issued a letter of demand to them and told them we would be pursuing the matter in court

Comments

[sprinklerized]

The first thing that jumps out at me is that the second sentence doesn't say there was even a problem before the third sentence says you're not pursing legal action. It reads like, "We bought a car from you. You're lucky we're not suing you!" Heh heh! Just thought I'd point that out, even though you both know that there WAS a problem and exactly what it was. This doesn't matter unless you ARE going to sue them and this letter will be included in the evidence.

Following up on your reply to fyreuni, I assume you haven't even gotten that $800 yet? And they know that you've dropped the pursuit now? If I were you, I'd have some fun with them even if you aren't ultimately going to take them to court. Instead of saying what you COULD but AREN'T doing, why not threaten them and make them shake in their boots, even if you're not going to follow up on it? Let me try taking out the "if we had" bits and see how it sounds:

"When the vehicle failed on our drive home, we had it inspected to determine the cause of failure. There is something called the Consumer Protection Act that gives us the right to sue when a product has been willfully misrepresented and no reasonable effort made on the part of the vendor to address any issues, which aptly describes your boyfriend's actions. I have written affidavits from two certified mechanics who are also willing to come in and testify that the repairs that your boyfriend claimed to have made - both in person and as represented by your advertisement - had not been made or even attempted.

In short, there was no possible way that we would have lost if this matter did go to court. My husband offered you the generous out of settling with the 800$ profit that your boyfriend made from his fraudulent claim of repair., but in court the likely outcome would have been the A judge would require the return of the full 3300$ and you taking the car back. There is also the matter of your boyfriend mentioning his frequent buying and selling of used cars, something that the Ministry of Justice considers to fall under the category of illegal curbside vending when operated as a side-business. When we spoke with them they were very interested in getting all of your boyfriend’s information from us so that they could investigate further. Under the Consumer and Commercial Affairs Act he could be facing fines up to 5000$ - and again, should we have taken this matter to court we would have given his information to Justice, as our reporting him and their case against him would further strengthen our own.

I still firmly believe that we should take you to court purely on the principle of it - especially after your boyfriend’s “too bad, so sad” attitude when we called him the night it broke down, as well as his threat to call the police if we tried to come back to issue the subpoena - which at least gave us a good laugh. In that case we would have been showing up with a police officer to issue the summons, not been escorted away by one!

I want you to understand fully what a shitty thing your boyfriend did. Not only to us, but potentially to you. Do you realize that if you and he had broken up and we pursued this, the responsibility of paying the full cost would still fall solely on you as the certified owner on the registration?

There is absolutely no way that we would lose in court. And if you refused to pay, the garnishing of wages isn’t nearly as difficult a procedure as people seem to think it is. So why the hell aren’t we filing?

My husband has wanted a Stealth since he was a teenager. Even so, he was fully prepared to take this to court - until he found out that our court date would not be until at least April. He doesn’t want to wait that long to find out if he can go ahead and repair the car when he can get a new engine and the facilities to install it in February, and he sure isn’t going to fix it when more likely than not you’ll have to take it back, since negotiation is clearly not one of your talents. So he’s decided to drop the case and call it life experience, and one more reminder that until proven otherwise people are dishonest, selfish douchebags.

(CONTINUED)