From the last time i wrote this is what has happend. I got in touch with them and they took in my car and "ordered the parts" needed (so he claimed) told us that it would be in the next wednesday and to take the car in then. So on that next wednesday i called them first thing in the morning and the mechanic said he had a big wiring job to do that he wouldn't be able to fix it that day. I asked to speak to the owner and we told him that this has been on going and we want this issue fixed and when would he be able to do it. He told us that he will have the mechanic in on the next wednesday and to bring the car in at 9am. So yesterday was that wednesday we brought the car in..i had to borrow my fathers car so that i could make sure my husband got home...we got there and no one was there!!! i left the car there figured i would go get my kids something quick to eat and come back to see if they arrived. They never showed untill 10:30!!! We retold him the problems and we took off. I called around 1:00 and got no answer..we continued to call and no answer just answering machine and we left messages. We got no call so we decided to head down there and see what was going on. When we got there he said that Oh we couldn't do it because we had to drive around and find a part that was cheap and we couldn't find one. HE TOLD ME HE ORDERED IT 2 WEEKS AGO!!! and now he claims he doesn't have the part>?!?!?!?!?! Has he ever heard of a phone he doesn't need to drive around looking its called a phone!!!!!! What a liar!!! And what about the other issues couldn't he have addressed those if it was just the one part he couldn't take care of???? My husband was fed up and just told him at this point we are taking him to court and that is where it lies. It has been 5 weeks since i have tried to get these issues resolved and this guy is playing games with me and i am all done playing. We are headint ot the court house tommorrow morning to file a small claims and i was wondering what are the types of things i will need. I want to make sure i have all my ducks in a row here. Any and all advice is apreciated.

__________________
SAHM of Bailey 12, Tyler 10 , Emily Ann 6, and Ryan Matthew 4 yrs old.

I am not sure what you will need to file in small claims court but if you havent already I would write down dates and times of phone calls and who you spoke with. Keep track of all interactions.

Good luck! Please post if anything comes of your case.
Darlene

__________________
Sell crazy some place else, we are all stocked up here.

I wonder if you will need estimates on how much it will cost to repair the car? Then sue for that amount?
Copy of the warranty is helpful. How long is it?
Terms of the sale, does it cover what the dealership will repair?
Check with your state to see if this company has been sued before, and why. Get copies.

Also check with your state about recording another person without them knowing. If it is leagal, try to get the guy on tape admitting to the problems and what he told you beforehand. I think that would help your case as well.

__________________
@@@
l/ l/ l/
Dont go through life,
GROW through life

Real eyes...realize...real lies.

My personal opinion is that your energy and emotion is better spent getting the car fixed elsewhere and chalking it up to experience. But that's just me....

cj/

I can't afford and refuse to just chalk this up to experiance. When you buy a used car you as a consumer have a right to have repairs up to the warranty. I don't see how i should have to pay for over 1,000 in repairs when he said he would repair them. I am defidently getting estimates i failed to mention that in my post. I am going to 2 mechanics tomorrow and getting estimates on the repairs and will have that.

__________________
SAHM of Bailey 12, Tyler 10 , Emily Ann 6, and Ryan Matthew 4 yrs old.

Good for you.
And I don't blame you for not letting this go - I wouldn't either. This guy needs to honor his warranty as well as his words. You have given him chance after chance to do so. Maybe he hopes you all will just go away.

__________________
@@@
l/ l/ l/
Dont go through life,
GROW through life

Real eyes...realize...real lies.

I don't know the "previous story" on this... but when you bought the car, did it come with a written warranty? Also, check the lemon laws in your state. You might be able to file with your state regarding the vehicle.

When you bought the vehicle, did you check the vin number on carfax? And did you buy it from a reputable dealer? (if you didn't you might not have a leg to stand on).

What work has this person done to the vehicle that would allow you to go to small claims court? Work started but not completed would allow you to get those funds back in small claims court, or money owing...but work never started probably will not.

I agree with CJ, better to vest your money in getting the vehicle repaired elsewhere if it hasn't been worked on yet.

But, I would highly recommend you check the lemon laws in your state to see if you qualify under that law.

__________________
SPJRNTGADL!

It doesn't fit the lemon law as nothing has been repaired to begin with. In order for it to be a lemon it has to be repaired for the same thing 3 times. Every time we brought the car up for repairs he lets it sit there and then says he couldn't get to it, or the parts arn't here or he isn't there at all. Its excuse after excuse after excuse and it is getting old. I will not take it elsewhere as i have a written warranty that states he will fix all repairs and he hasn't complied with that and now i will file for small claims. I will not lie down and get walked on.

__________________
SAHM of Bailey 12, Tyler 10 , Emily Ann 6, and Ryan Matthew 4 yrs old.

it's not about lying down and being walked on. it's about admitting that the guy is a less-than-reputable dealer (if i remember the previous post, it was a dealer who targeted people with bad credit) and that you unfortunately chose to buy a high-mileage vehicle from him. it's about cutting your losses and moving on. do you really want this guy to "fix" your vehicle anyways? i guess the answer is yes.....but you did ask for suggestions, and that was mine. even if you chose to go to small claims court, isn't it possible to get the vehicle fixed elsewhere since he is not being cooperative and making the claim for the repair bill?

i am just trying to be practical.

cj/

I hear what your saying and like i said i do apreciate all advice given to me. What im hoping will happen is i get the estimated i take him to court they award me for my estimate so i can go elsewhere and get the car fixed. No i don't want him touching it now because of what has gone on, but i do have a warranty and i expected him to fix it....I refuse to cut my losses as i shouldn't have to i don't have the funds to pay for all this big repairs, if i knew i was going to have to pay for all big repairs within the first 5 weeks of buying a car i would never have bought it...It doesn't matter what kind of credit you have your entitled to getting your car fixed when you have a warranty and no one should have to turn around and just cut their losses because of a dealer like this.

__________________
SAHM of Bailey 12, Tyler 10 , Emily Ann 6, and Ryan Matthew 4 yrs old.

What does the warranty say? I went back to the original post and I think it is the one where the AC/heat are not working and the gas guage is fluctuating? Are those the current problems or it there something else?

Lawyers could very easily cost more than $1,000 that you would spend on repairs elsewhere.

Cuthie, I believe since they are taking this to small claims court they will be representing themselves.

__________________
@@@
l/ l/ l/
Dont go through life,
GROW through life

Real eyes...realize...real lies.

Oh, oops! See, I DO live under a rock! LOL.

Yes the ac isn't working, it needs a new hub as well my abs light is on and he told me it needs a hub and he so called ordered it, and found out that was a lie that he ordered it. The gas gauge fluctuates it won't read correctly. Yes we will be representing ourselfs in this. Will update later today to let ya know what i find out hoping to get a free consultation with a lawyer to get some legal advice on what i need to have and what he thinks.

__________________
SAHM of Bailey 12, Tyler 10 , Emily Ann 6, and Ryan Matthew 4 yrs old.

I haven't checked (note I am admitting that I haven't checked), but, I know that in our courts this would be considered frivolous and probably wouldn't get very far into the court system.

Especially when no work has been started or completed. It would be different if work were already started on the vehicle and you were seeking your funds back.

If you are on state assistance, there is a program to help you get your car in running condition. However, having the air conditioner working (in a northern state) is not a priority to have it running, and the court may view this as such.

I am not trying to argue with you, just pointing out that you might not get the answers in court that you are seeking. Basically, if the car was running when you took it off the lot, and the car is still running, you might not get anything satisfactory from a court. You didn't get a new car, so you really can't expect to have that new car feeling--especially if it has over 100,000 miles on it.

It's a shame that you couldn't find a co-signer to help you get a vehicle from someplace reputable. (we had to get a co-signer a few years ago because of our credit).

Good Luck.

__________________
SPJRNTGADL!

I just saw a motor home in someones front yard with writing all over it about how sirpilla rv sold them a lemon.. I wouldn't hesitate to do the same.. keep us updated

__________________
Too many people spend money they haven't earned to buy things they don't want, to impress people they don't like. - Will Rogers

I don't expect the new car feeling, I have bought used cars before from reputible dealers and never experianced anything like this in my life when something has happend. I will post an update in a bit need to do a few things first and then will update you. I am stressed out beyond words and don't even know where to start.

__________________
SAHM of Bailey 12, Tyler 10 , Emily Ann 6, and Ryan Matthew 4 yrs old.