Would you demand a refund from the dealer?
#24
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Red herring, anyone?
Doug is for some reason implying that unless Dave also seeks criminal investigation that he's not ethically entitled to money/service from the dealer. Dave isn't in any kind of unique position to seek charges. Anyone who knows the facts (including you, Doug) can try to get the police to investigate and DA to file charges, not just the victim. And the dealer would be legally (criminally) liable even AFTER settling with Dave. Civil and criminal liability are in NO WAY ethically or legally tied together. Bringing it up in this context is a TOTAL red herring.
If you are so interested in solving that part of the riddle, send Dave a PM and get the deets so you can spend your hours trying to get someone to prosecute them for illegally not disclosing a repair.
I don't see ANYONE suggesting that Dave threaten 'going to the authorities' to extort an excessive settlement. Where exactly are you coming up with this? Who ever suggested he leverage filing charges as a way to get more $ than due? How are you even suggesting such an action with nothing to suggest Dave had any such intention? Wow!
I've been a prosecutor. "Give me $ or I'll have you prosecuted" = extortion. This is illegal. I'd be the first poster to slam someone suggesting that route.
Nobody has even HINTED at such action, so to bring it up really makes me wonder what facts we are talking about.
Some strange mental gymnastics going on to make Dave (who has NEVER brought up having charges filed) an extortionist as opposed to a victim.
I respectfully think Doug is displacing some past bad experiences on our fellow Dave, who has presented facts that clearly establish a wrong which should be remedied. No citizen is required to act as Attorney General and have the formal criminal proceedings initiated every time we are wronged.
I'm sorry if you had people try to claim false damages from you in your career with cars, Doug, and I hope you were fair to customers and that you wouldn't countenance the kind of selective disclosure that Dave has had to deal with here.
But know that dealerships screw over customers also, every day. When they do, they need to be held accountable.
I hope Dave gets a fair deal, end of story.
Skeeter
Doug is for some reason implying that unless Dave also seeks criminal investigation that he's not ethically entitled to money/service from the dealer. Dave isn't in any kind of unique position to seek charges. Anyone who knows the facts (including you, Doug) can try to get the police to investigate and DA to file charges, not just the victim. And the dealer would be legally (criminally) liable even AFTER settling with Dave. Civil and criminal liability are in NO WAY ethically or legally tied together. Bringing it up in this context is a TOTAL red herring.
If you are so interested in solving that part of the riddle, send Dave a PM and get the deets so you can spend your hours trying to get someone to prosecute them for illegally not disclosing a repair.
I don't see ANYONE suggesting that Dave threaten 'going to the authorities' to extort an excessive settlement. Where exactly are you coming up with this? Who ever suggested he leverage filing charges as a way to get more $ than due? How are you even suggesting such an action with nothing to suggest Dave had any such intention? Wow!
I've been a prosecutor. "Give me $ or I'll have you prosecuted" = extortion. This is illegal. I'd be the first poster to slam someone suggesting that route.
Nobody has even HINTED at such action, so to bring it up really makes me wonder what facts we are talking about.
Some strange mental gymnastics going on to make Dave (who has NEVER brought up having charges filed) an extortionist as opposed to a victim.
I respectfully think Doug is displacing some past bad experiences on our fellow Dave, who has presented facts that clearly establish a wrong which should be remedied. No citizen is required to act as Attorney General and have the formal criminal proceedings initiated every time we are wronged.
I'm sorry if you had people try to claim false damages from you in your career with cars, Doug, and I hope you were fair to customers and that you wouldn't countenance the kind of selective disclosure that Dave has had to deal with here.
But know that dealerships screw over customers also, every day. When they do, they need to be held accountable.
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Skeeter
#26
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Red herring, anyone?
Doug is for some reason implying that unless Dave also seeks criminal investigation that he's not ethically entitled to money/service from the dealer. Dave isn't in any kind of unique position to seek charges. Anyone who knows the facts (including you, Doug) can try to get the police to investigate and DA to file charges, not just the victim. And the dealer would be legally (criminally) liable even AFTER settling with Dave. Civil and criminal liability are in NO WAY ethically or legally tied together. Bringing it up in this context is a TOTAL red herring.
Doug is for some reason implying that unless Dave also seeks criminal investigation that he's not ethically entitled to money/service from the dealer. Dave isn't in any kind of unique position to seek charges. Anyone who knows the facts (including you, Doug) can try to get the police to investigate and DA to file charges, not just the victim. And the dealer would be legally (criminally) liable even AFTER settling with Dave. Civil and criminal liability are in NO WAY ethically or legally tied together. Bringing it up in this context is a TOTAL red herring.
Actually in one of my previous postings I was attempting to separate the two.
I don't see ANYONE suggesting that Dave threaten 'going to the authorities' to extort an excessive settlement. Where exactly are you coming up with this? Who ever suggested he leverage filing charges as a way to get more $ than due? How are you even suggesting such an action with nothing to suggest Dave had any such intention? Wow!
I've been a prosecutor. "Give me $ or I'll have you prosecuted" = extortion. This is illegal. I'd be the first poster to slam someone suggesting that route.
Nobody has even HINTED at such action, so to bring it up really makes me wonder what facts we are talking about.
Some strange mental gymnastics going on to make Dave (who has NEVER brought up having charges filed) an extortionist as opposed to a victim.
I've been a prosecutor. "Give me $ or I'll have you prosecuted" = extortion. This is illegal. I'd be the first poster to slam someone suggesting that route.
Nobody has even HINTED at such action, so to bring it up really makes me wonder what facts we are talking about.
Some strange mental gymnastics going on to make Dave (who has NEVER brought up having charges filed) an extortionist as opposed to a victim.
You're right. I was going off on a tangent.
I respectfully think Doug is displacing some past bad experiences on our fellow Dave, who has presented facts that clearly establish a wrong which should be remedied. No citizen is required to act as Attorney General and have the formal criminal proceedings initiated every time we are wronged.
You're right again. As I mentioned at some point (I'm not going back and re-reading all the posts) my cynicism is showing thru.
I was (and still am) on Dave's side and even suggested early on that a monetary settlement would probably be the easiest way to solve the matter, especially compared to demanding a refund from the dealer.
Somewhere along the along the line someone said something that got my "opportunist" radar fired up. Such people DO exist. Dave assured me he wasn't trying to hustle the dealer. I replied that I was happy to believe him.
I'm sorry if you had people try to claim false damages from you in your career with cars, Doug,
No apology needed. It's something we all deal with in one form or another, at one time or another.
and I hope you were fair to customers and that you wouldn't countenance the kind of selective disclosure that Dave has had to deal with here.
I'm a fair guy !
But know that dealerships screw over customers also, every day.
Tell me something I don't know :-). In 30+ years I've seen and heard all the tricks. And, truth is, lots of customers are liars as well....sad but true. Thus the source of my cynicism...in this case, misplaced.
When they do, they need to be held accountable.
Of course they do, and I've never said otherwise. Far from it, in fact.
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Skeeter
As do I. But if the dealer truly *intentionally* misrepresented the car, he (the dealer) will be getting off easy by cutting Dave a check or giving him a service contract. But, as you rightly say, Dave is under no obligation to do anything more than negotiate a settlement.
Cheers
DD
#27
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Here is the latest in the saga. I was contacted, this afternoon and was made the following offer. The dealership would replace my Select Edition warranty with an aftermarket warranty that they sell and claim is "comparable".
My existing Select Edition warranty is good until Nov 2013 or 100K miles. The offered replacement extended warranty is good until Jan 2016 or 75K miles and has a $50 deductible.
I politely asked, by way of return email, for the name of the warranty company and what level of coverage I would have. As we all know, extended warranties have good, better or best levels of coverage. Add to this, some are less than reputable, with regard to claims denial. I need (deserve) to know if this warranty is as good as that of Jaguar's SE.
I also respectfully requested that the coverage go to 100K miles, as I currently have 30K miles on the clock. I told them that I would accept the $50 deductible, in spite of the fact that it's usually a one time $100 fee for a zero dollar deductible.
I was not given the courtesy of an answer, at the time of this post. I really do not want to go the Full Monty on this, however I'm feeling a bit frustrated and frankly, it wouldn't take too much for me to change course.
I will (for those that remain interested) keep you posted. Thanks for "listening"...
Dave
My existing Select Edition warranty is good until Nov 2013 or 100K miles. The offered replacement extended warranty is good until Jan 2016 or 75K miles and has a $50 deductible.
I politely asked, by way of return email, for the name of the warranty company and what level of coverage I would have. As we all know, extended warranties have good, better or best levels of coverage. Add to this, some are less than reputable, with regard to claims denial. I need (deserve) to know if this warranty is as good as that of Jaguar's SE.
I also respectfully requested that the coverage go to 100K miles, as I currently have 30K miles on the clock. I told them that I would accept the $50 deductible, in spite of the fact that it's usually a one time $100 fee for a zero dollar deductible.
I was not given the courtesy of an answer, at the time of this post. I really do not want to go the Full Monty on this, however I'm feeling a bit frustrated and frankly, it wouldn't take too much for me to change course.
I will (for those that remain interested) keep you posted. Thanks for "listening"...
Dave
#28
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NFW, Dave! I'd be shocked if there is a warranty out there worth more than the SE warranty. Backed by Jaguar, no run around on coverage, 100,000 miles...
You are loosing ground. I'm surprised they went this way since your car is already inspected and I believe the cost is on the dealer and is upfront.
What about him giving you the new policy without killing the SE policy? Then you'd be covered to 100k or for two more years if you dont use the miles. Would that do it for you?
Not good... He's not comming correct. He just offered to compensate you by offering something worth less (I strongly suspect) than what. You already paid for. SE is no joke and not inexpensive a process. Not a good start.
Keep on him.
Skeeter
You are loosing ground. I'm surprised they went this way since your car is already inspected and I believe the cost is on the dealer and is upfront.
What about him giving you the new policy without killing the SE policy? Then you'd be covered to 100k or for two more years if you dont use the miles. Would that do it for you?
Not good... He's not comming correct. He just offered to compensate you by offering something worth less (I strongly suspect) than what. You already paid for. SE is no joke and not inexpensive a process. Not a good start.
Keep on him.
Skeeter
Last edited by Skeeter; 01-08-2012 at 09:43 AM.
#29
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Having already opened my blazoo more-than-enough on this topic I was hesistant to post anything additional....but here goes.
First, I agree with Skeeter. Don't give up the SE service contract.
Dealers often use service contracts as negotiating tools because they're holding the cards. They know exactly what it'll cost them in dollars and cents. The value of the service contract to *you* isn't as certain. You might end up worse off.
The first thing you're taught in in dispute resolution....indeed, I taught it to many employees myself...is "Never, ever let the customer take control of the situation". The dealer naturally wants to solve the problem on its own terms. Damage control....that is, cost control. That's to be expected. Offer the customer some choices to select from to settle the matter rather than let the customer suggest....or outright demand....other solutions that are more costly and less palatable.
When the customer starts demanding the dealer can choose to submit to the customer's demands or refuse them. Refusal might bring about non-resolution and worse consequences down the road.
This certainly doesn't mean that everything the dealer offers would be a bad choice. They may offer some solutions that *would* be to your advantage. In this case I don't think giving up the SE contract would be one of them.
Without re-reading the entire thread I don't recall if you've determined, roughly or exactly, what your damages are in this matter....nor what it would take for you to feel "whole". You're clearly trying to avoid an adversarial situation....which is a smart and admirable way to begin, as you want a resolution, not a gridlock. But I think its time to ask yourself what *you* really want and work from there.
Just my 2-cents.
Lastly, I apologize for going so far of course with some of my earlier postings. I can see how they could be interpreted as an attempt to impugn your character or intentions. It was not my desire or intention to do that. I don't feel that way about you.
This is the second time in as many weeks that I've felt obligated to apologize for what I've said....probably an indicator that I need to take a break from the internet. Something is obviously bothering me.
Best of luck,
Doug
First, I agree with Skeeter. Don't give up the SE service contract.
Dealers often use service contracts as negotiating tools because they're holding the cards. They know exactly what it'll cost them in dollars and cents. The value of the service contract to *you* isn't as certain. You might end up worse off.
The first thing you're taught in in dispute resolution....indeed, I taught it to many employees myself...is "Never, ever let the customer take control of the situation". The dealer naturally wants to solve the problem on its own terms. Damage control....that is, cost control. That's to be expected. Offer the customer some choices to select from to settle the matter rather than let the customer suggest....or outright demand....other solutions that are more costly and less palatable.
When the customer starts demanding the dealer can choose to submit to the customer's demands or refuse them. Refusal might bring about non-resolution and worse consequences down the road.
This certainly doesn't mean that everything the dealer offers would be a bad choice. They may offer some solutions that *would* be to your advantage. In this case I don't think giving up the SE contract would be one of them.
Without re-reading the entire thread I don't recall if you've determined, roughly or exactly, what your damages are in this matter....nor what it would take for you to feel "whole". You're clearly trying to avoid an adversarial situation....which is a smart and admirable way to begin, as you want a resolution, not a gridlock. But I think its time to ask yourself what *you* really want and work from there.
Just my 2-cents.
Lastly, I apologize for going so far of course with some of my earlier postings. I can see how they could be interpreted as an attempt to impugn your character or intentions. It was not my desire or intention to do that. I don't feel that way about you.
This is the second time in as many weeks that I've felt obligated to apologize for what I've said....probably an indicator that I need to take a break from the internet. Something is obviously bothering me.
Best of luck,
Doug
#30
#31
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I sent the GM an early Monday morning email that essentially said, “enough already!” I asked for them to bring this to an acceptable resolution by the end of this working day. I expressed that I have spent an inordinate amount of time on this and frankly it is interfering with other activities.
I received a return email stating that they will issue an “additional” extended warranty. This aftermarket warranty will run for 4 years, and or, 100K miles. This warranty will run concurrent with the Select Edition, of which I insisted stay in effect.
They are sending, by way of FedEx, the extended contract for my signature. The dealerships GM also agreed to “extend” the (in house) coverage of the paint for the extended period. I will most likely have to send another email for that document. I do however have his email, in which he clearly states that offer.
I got the feeling that he was hitting the keyboard forcefully with gritted teeth, while sending me the settlement. Perhaps I am imagining this, as I do not enjoy having to pursue this type of situation.
Now that this is coming to an end, it’s a glass of red for me and a full tank of high-test for the XK.
All’s well that ends well…
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