What should I do? Sue them or not?

Not in small claims. Sure the dealership has attorneys on retainer but they are paying for them one way or another, i'm sure they would prefer to work something out even by the means of them losing half or part of the extended warranty(which they most likely still aren't losing anything on but more margin).

We went after a Honda dealer in NJ for something back in the day in small claims, judge heard us out and agreed they lied and misled us into buying a car they didn't properly check out and fix major problems on. Honda lost..

 

I must be missing something, without the torches and caps lock heres what I got:

A) dealer make mistake on 100k warranty, warranty contract signed is rejected by warranty company due to error

B) dealer slow in finding solution to error

C) internet finds appropriate action to blast dealer and employee across social media, court systems, state senator, pull franchise license, and run news stories and get judge Judy involved. And op decides this is the worst thing he has encountered in 20 years.

Who are you people? Seriously. Get a refund or take 100k warranty you paid for and maybe get a bit of a break to the tune a few hundred bucks or an accessory because someone made an error, these things happen.

 

First issue would be to determine what you really want to accomplish. Get your $1600 back, undo the entire contract and give the truck back, something else? Is getting $1600 back by going to court really worth the expense?

To my knowledge, KY doesn’t have a small claims court. You have district court and circuit court. District court is a limited jurisdiction based on the amount at issue but the rules of evidence and civil procedure still apply. Unlike, Tennessee which has “civil general sessions court” which is a small claims court for controversies less than $25,000.00 and where the rules of civil procedure don’t apply. If you’re in district court up there you’ll have to file a complaint and the complaint must meet several technical requirements or it will be dismissed.

I’m less worried about mandatory arbitration in a contract arising from fraudulent inducement and more worried about the amount at issue. It’s possible to be morally correct, but achieve a pyrrhic victory.

If you don’t get anywhere on your own, you may find an attorney willing to undertake a limited representation where he or she writes a letter on your behalf and tries to work something out with the dealership.

Another option may be to contact your local commonwealth attorney’s office and see if they’re willing to prosecute criminally for theft. Or contact the KY attorney general’s office. Generally states will have some sort of consumer protection laws in effect where the AG’s office prosecutes complaints against businesses that get on their radar by hearing from people like you.

 

All insurance (which is what a warranty is) are cash cows: Warranties, life insurance, home/auto insurance, health insurance/disability, all of them ;-)

Makes sense, since well, these are all for profit businesses ;-)

The biggest cash cow in the auto industry is probably Toyota: $240 billion in USD revenue per year ;-)

 

What you should really do is demand they take the truck back and give you a TRD Pro.

 

I would consider 2 of options take the hundred thousand mile warranty for 800 bucks or a full refund of the money and the return of the truck and warranty refund. Act like you don't want the truck with out the promised warranty or the heavy discount they'll go for the discount there's way more money they would lose. Just give them the 2 options you will settle for. It will force them to shit or get off the pot.

 

It’s was certified preowned. Which gave you 12k miles bumper to bumper, plus major stuff drive train, engine etc to 100k Miles. Keep the the certified preowned and ask for the $1600 back and call it day. That stress your putting on yourself for a warranty you’ll never use will kill you. Good luck!!!

 

A Warranty is an “insurance policy” between the owner of the vehicle and the Warrantor…the dealer is not a party to that contract. Hence is why it’s mailed in for approval so you have no claim against the Warrantor however claim against the dealer for false and miss leading information as you did not receive the benefit of your bargain the very contract thought to raise limit your actions. Get the rejection from the Warrantor in writing then will have a claim against dealer.

 

ok I'll bite....how does the OP taking that position force the dealer to do anything? All they have to say is no...then what?

 

This. I'm a firm believer in holding accountable.

 

Depending on the state..I'm in MA, I believe the limit is $5000. Filing fee is dependent upon the amount suing for, but if successful that is part of the judgment issued. And it is possible they don't show up as you said.

Or at least save someone else(s) from this

This. I filed a small claims a few years ago and was contacted by both The People's Court and Judge Judy, asking if I was willing to appear. I was. The other party wasn't, and it ended there. The show actually pays the judgment if successful.

 

Small claims court is no guarantee on anything, the judge may rule you had no contract since there is no such thing as a 144k extended warranty. At best you would get back what you paid for the warranty, that would make you "whole" except that you would no longer have any extended warranty.

My suggestion is to seek a discount on the price you paid for the warranty since there is plenty of profit built into them. Another suggestion would to ask the dealership for a full refund on the extended warranty and go repurchase the warranty online. Best part is you'll pay less than $1600 online.

 

Sue them in small claims court. Represent yourself (free). They will likely have an attorney represent them or their interests.. Do your homework but more importantly remain civil, polite, have notes on important points and DO NOT ramble or deviate from your notes ever (it never helps when emotion is involved and you will be pissed just being in the same room). Don't post dealer name online until they have had an opportunity to defend themselves in court and say so in court. Don't verbally "attack" anyone or their integrity (some judges see this as a reflection of your character) during the court hearing despite how much you may want to. Dress professionally but don't look like this isn't hard earned money for you. It's hard for judges to not side with reasonable, well spoken, logical solutions to end a problem.

 

File a complaint online with your State Attorney Generals office online in your state.
Takes about 10 minutes and is free.
Results are pretty good as I have experienced. Someone will be assigned to your case.
Do not file with the BBB, SAG will not take it if you do.

 

His leverage comes from the good will the dealership perceives to have. This blog is just the start to take some of it away. At the end of the day people/ business tend to believe there name means something. How ever with the internet not sure how much it ways today. It's just like spending money on upgrades, lift's what ever it means something to that person. May not to someone else.

 

Theyre making it right, thank god.

I make leather goods (as a side job),.....when i get stressed I MAKE STUFF, so i made myself an ALLIGATOR (genuine) holster.

 

Glad to hear they are making it right. When I get stressed I come here, see more stuff to buy for the truck, buy it and get some relief, but then I get more stressed cause I spent more money on the truck, so I come back on here....and the cycle repeats....

 

Ain't going to lie; I was looking forward to this episode of Judge Judy!