I'm not sure but I think as part of your Complaint you can allege that the Defendant dealership is engaged in a pattern of racketeering in interstate commerce (Federal RICO Act) and, therefore, is liable for treble (3X) damages and simultaneously file a Request for Production of Documents related thereto as part of the legal discovery process. Producing those docs will cost the Defendant big bucks. This most certainly will get the attention of their lawyer who will be highly motivated to reach a settlement with you. If you really want to light their fire, hire a trial lawyer to file your case and be glad to pay the fee. You'll probably get a larger settlement that will not only cover the fee but get you more than you would have been able to get on your own.

Good luck and keep us updated.

 

I'm sure you already know this but you'll need detailed estimates as to what it will run to bring it back to new condition - ie new dashboard +install hours... probably only get that from another Jag dealer.

I can tell you from experience that I had the tale of two Porsche dealerships - my first was just north of LA (Rusnak) who could not have been any more unprofessional in how they handled my new car purchase and subsequent maintenance issues... then a few years later (last year) good experiences where San Diego Porsche did me right with a tough situation. Each dealership is run differently, with the exception of Lexus I believe they each have their own personalities.

Best of luck in court, I sincerely believe that you'll prevail both with the judgment AND subsequent recovery of the money (dealership won't likely drag their feet if you win)... they will likely settle just prior as is the case with most every case. Have your emails. dates/times of conversation with whom, copies of all letters, receipts, etc ready for the judge with a detailed chronology of what happened and what you expect make it easy for the judge to side with you. I've faced Porsche with the BBB and it was bull #$%^... they quickly ruled against me at which time I found out that somehow they are affiliated with the dealerships not an impartial entity as hoped... when I hired an attorney things happened right away in proper order recovering all my money from Porsche.

 

Nice. Honestly, I just want my dash fixed... Maybe a detail out of it for my time? The dash is 4800 plus labor so that's what I'm pursuing plus filing fees.

Just sucks to even go here since it brings the reality of the risk we each take in trusting anyone to touch our cars. How many times do people lose energy and get screwed?

 

Almost all "small claims court litigation", do not allow "discovery" where there is an exchange of documents from both parties involved in the litigation. It would be up to the court and the presiding Judge to allow "discovery" in your case. "Discovery" is found however in civil suits/litigation. I am sure that the petitioner in this case does not want to go that route due to the excessive costs of legal counsel.

If your going to claim the RICO Act, you better be sure what you are doing. Sounds cool on a forum like this, but reality in filing the charge is something totally different.

The subject of "discovery" in a small claims court is easy to research here on the internet.

Just type in discovery process in small claims court. There is a ton of info on this subject.

 

Richard,
The strategy in my post #41, above, worked for me many years ago in Fulton County, GA Magistrates Court (Small Claims). Discovery is at the discretion of the judge. But it never got that far as I accepted the other party's settlement offer.
Stuart

P.S. Small Claims Court is civil litigation.

 

https://charlotte.app.bbb.org/compla...70374/c/c37t46

 

JF:

I think your best bet is the "small claims" action that you filed. Let the courts decide.

Once the "summons" gets served to the Jaguar dealer they will realize that you are quite serious over this matter.

I would think that since the dealer is making an offer, the BBB will treat this claim as resolved.

Hopefully the small claims court will work. Be sure to save all correspondence and any paperwork, emails etc to support your claim.

Best to you, keep us posted. This is a learning experiene for all.

 

Have you ever spoken with the sub contractor about him filing a claim with his insurance company? They are the people who damaged your car. What was the final outcome with Jaguar Customer Relations helping you?

 

Guess who is going to film the damage to my car?

Bill McGinty

 

Awesome news. I am sure the dealer will not want the bad publicity. Good job getting the TV station to air your complaint and problems.

This should help. I hope. Keep us posted and provide a link if there is one for the airtime TV segment.

 

Will do.

Advice for anyone else that goes through similar - Bill agreed to look into it because I had documented facts and didn't go into bashing outside of what I could quantify with real data - also the reason the thread did not disappear.

There is a whole other side of frustration that could turn into he said/she said but that won't bring resolution

 

Congrats! This should hopefully bring a swift resolution to the problem. Keep us posted!

 

Good move!! Too bad the issue came to this.