Calling all lawyers, law students, and successful self advocates

[remi983]

There's been a few posts recently where the legal minds of 2+2 have weighed in with their opinions. I'd appreciate any general advice/thoughts you guys could give regarding the following letter:

Xxxxx

June 6, 2007

Via Facsimile: 225-xxx-xxx

Mr. xxxxxx
President
xxxx Engine xxxx of Louisiana, Inc.
xxxx xxx Boulevard
xxx, Louisiana xxxxx

Re: Chevy Malibu Engine

Mr. xxxxx:

I have spoken with you and your employees several times over the past few days regarding the defective engine you sold me on May 18, 2007. Last Friday morning, June 1, 2007, I spoke with your employee, Toya, who told me that the work to my engine would be completed that same day. I called back later that afternoon and was informed that my car would not be fixed until Monday, June 4th. I called your shop on the 4th and was told that my car repairs would not be completed until Tuesday, June 5th. I called your shop on the 5th and was informed that my car repairs were still not completed. As of today my car is still in your shop and the repairs are still not finished.

My vehicle has been under your shop’s care since May 29th. Every time I call to check on the status of my repairs I am untruthfully told that my car is being worked on and will be ready that same day or the next business day. This is a major inconvenience for me. I do not have access to another vehicle and need a vehicle for basic transportation.

It is your duty to have my car fixed in a timely manner. Had the original engine I purchased from your shop been in proper working order, my car would have been ready to drive on May 25th. I have paid you in full for the engine and also had to pay my mechanic nearly $1000 to install the bad engine. It is your responsibility to rectify the problem by either repairing or replacing the bad engine, at your expense. The bad engine is the reason why I do not have a running car right now. I expect to be contacted immediately and told either: 1) my car is fixed and ready to be picked up or 2) that you have arranged a loaner vehicle to be provided to me at your expense, otherwise the appropriate legal action will be taken without delay.

Sincerely,

Remi983

I plan on faxing this tom if my car still isn't ready. Thoughts? Edits? Any buzzwords/legalese I could use to push a few buttons and get results? There's a few other issues regarding what I believe as them acting in bad faith concerning weather or not they actually provided a rebuilt engine and not merely a repaired one. The instant issue, though, is for me to get them to get my car running asap or give me a loaner car so I don't have to keep riding my bike around town. Any and all input apprecciated.

[MrMon]

If you're not a lawyer, don't play at being one. Just write the letter in clear concise plain English. Adding in legalese just reduces the effect and any lawyer that happens to see it will see right through it.

[Howard Beale]

This letter looks ok. I would also send a copy certified mail, return receipt requested. Find out if your mechanic will support your contention that the engine is defective and how much you can sue in small claim court for.

[sethypooh21]

What Howard said, though as a practical matter I might take a less adversarial tone. You're giving yourself no real room for escalation short of legal action.

[remi983]

[ QUOTE ]
This letter looks ok. I would also send a copy certified mail, return receipt requested. Find out if your mechanic will support your contention that the engine is defective and how much you can sue in small claim court for.

[/ QUOTE ]

Good advice. I'll prob send it certified mail too, but I think a fax confirmation would help create a paper trail as well. I want them to get the letter asap, bc riding my bike sux, bumming rides sux, and I'm trying to get to Tunica soon (I had to cancel hotel reservation bc of this). My mechanic would absolutely confirm that it is a bad engine; he likes me so I'm sure he'd back everything up in writting.

The small claims court maximum here is 5k or 6k. I successfully sued a major airline in small claims court last summer and collected about 3k. Right now, though, I just want my vehicle back without them trying to get me to pay any additional $$$. My mechanic said he'd check out the car once I get it back to make sure everything regarding the engine is in working order. If everything doesn't get resolved I'll prob file a claim...These people seem unreasonable and I have a gut feeling that they will try to charge me for their work and attempt to hold my car until I pay. I'm trying to avoid that.

[fitnessfreak]

i am an ex-lawyer and i handled a number of small claims disputes like this one and was therefore drafting a fair few letters for these types of matters.

i agree that legalese is not helpful and will likely only lead to making the situation worse. you are not a lawyer so just set out the issue and what you want done. if you are trying to get this taken care of asap then going to the shop and demanding that they get it done quickly is probably the best option. if you are also looking for compensation for the cost of installation of the faulty engine then include that in the letter. imo you have a good shot at getting that $1000 back on top of getting repairs or a replacement free of charge, and they may agree to compensate you just to smooth things out. taking legal action for it might not be worth the effort, but you could at least take a shot at getting this money back.

your letter is fine. i could go through it and edit to what i think would make it better, but i left the lawyer business over a year ago to play poker coz im a slacker, and i could only really make a few small stylistic changes that would not really make much difference.

ps. i am in no way making these comments in the capacity as a solicitor. just a random 2+2'er who is giving his 2 cents worth. so dont come after me if the [censored] hits the fan [img]/images/graemlins/laugh.gif[/img]

[Phil153]

[ QUOTE ]
What Howard said, though as a practical matter I might take a less adversarial tone. You're giving yourself no real room for escalation short of legal action.

[/ QUOTE ]
I agree. Increasing levels of displeasure while appearing reasonable are more effective than a straight out, go for the balls threat IMO. You want to ratchet up the pressure, not have them call your bluff.

[Zeestein]

[ QUOTE ]
There's been a few posts recently where the legal minds of 2+2 have weighed in with their opinions. I'd appreciate any general advice/thoughts you guys could give regarding the following letter:

Xxxxx

June 6, 2007

Via Facsimile: 225-xxx-xxx

Mr. xxxxxx
President
xxxx Engine xxxx of Louisiana, Inc.
xxxx xxx Boulevard
xxx, Louisiana xxxxx

Re: Chevy Malibu Engine

Mr. xxxxx:

I have spoken with you and your employees several times over the past few days regarding the defective engine you sold me on May 18, 2007. Last Friday morning, June 1, 2007, I spoke with your employee, Toya, who told me that the work to my engine would be completed that same day. I called back later that afternoon and was informed that my car would not be fixed until Monday, June 4th. I called your shop on the 4th and was told that my car repairs would not be completed until Tuesday, June 5th. I called your shop on the 5th and was informed that my car repairs were still not completed. As of today my car is still in your shop and the repairs are still not finished.

My vehicle has been under your shop’s care since May 29th. Every time I call to check on the status of my repairs I am untruthfully told that my car is being worked on and will be ready that same day or the next business day. This is a major inconvenience for me. I do not have access to another vehicle and need a vehicle for basic transportation.

It is your duty to have my car fixed in a timely manner. Had the original engine I purchased from your shop been in proper working order, my car would have been ready to drive on May 25th. I have paid you in full for the engine and also had to pay my mechanic nearly $1000 to install the bad engine. It is your responsibility to rectify the problem by either repairing or replacing the bad engine, at your expense. The bad engine is the reason why I do not have a running car right now. I expect to be contacted immediately and told either: 1) my car is fixed and ready to be picked up or 2) that you have arranged a loaner vehicle to be provided to me at your expense, otherwise the appropriate legal action will be taken without delay.

Sincerely,

Remi983

I plan on faxing this tom if my car still isn't ready. Thoughts? Edits? Any buzzwords/legalese I could use to push a few buttons and get results? There's a few other issues regarding what I believe as them acting in bad faith concerning weather or not they actually provided a rebuilt engine and not merely a repaired one. The instant issue, though, is for me to get them to get my car running asap or give me a loaner car so I don't have to keep riding my bike around town. Any and all input apprecciated.

[/ QUOTE ]

all I get this is "I'm busto and would really like to have my car back, ps I'm busto and can't afford a lawyer"

If this drags on, I'd contact whatever local media sources and ask them if they've any interest in spinning this into a local story of "nasty auto business vs the little working guy"

[youtalkfunny]

I think it's a fine letter, and would send it right away.

I'd pay the $10 and overnight it--it might get you a loaner/rental a day or two earlier.

[SackUp]

Can you go down and raise hell as well?

Small claims ftw!