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Re: Would I have a chance in small claims court?


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Posted by 135 Fan on October 31, 2007 at 10:43:55 from (68.149.38.173):

In Reply to: Re: Would I have a chance in small claims court? posted by Mike (WA) on October 31, 2007 at 08:33:40:

From what I read no one has brought up the fact that you were told, after they took your money, that the machine was worn out. If the baler was in fact worn out, an established and competent dealer would have told you so before doing any repairs. At the vary least they should have given you an estimate of repair costs before proceeding. Most auto repair and other shops will do this so there are no surprises. It's called good business practice and will keep customers coming back. Nobody wants to throw money into something that isn't worth fixing. I just think that a good dealer should have advised you if the repair bill was going to be over a certain limit say $300 or so and also told you if it was worth fixing. It also sounds like the dealer didn't know how to fix it. That's something that could be brought up in court. Having the older guy who did get it working properly would help. I might take a chance in court. Write them a detailed letter of your complaint asking for a refund of some of the money you paid. Be reasonable what you ask for. Put in the letter that if they are not willing to rectify the matter you will be filing a claim before a court of competent jurisdiction. The mention of going to court may be enough to get them to want to settle with you. If they want to hire a lawyer it will cost them money. Even if they get a lawyer to look at your letter and give a response. If they take a lawyer to court because they want to have better representation will cost them more than if they gave you a portion of your money back. Legal proceedings could be very bad for their reputation and they would need several key employees to be off work to go to court. I think I would send a very well written but "nice" letter to them outlining your displeasure and see what happens. Even if you mention going to court in the letter doesn't mean that you absolutely have to. It's just a way to make them think about what they should do. Just my thoughts. Good Luck. Dave


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