Truck broke down today...

Until you post your information so that we can verify your State Bar credentials, we can safely assume that you are not qualified to offer any such dismissive action as advice.

 

And why again are you providing advice?

 

If you want to cry, just look at a new Tundra and that will give you an idea how hideous your 4th Gen Taco will be.

 

This is what happened................They started to do her oil change, someone said not yet because it isn't at 10k after the oil was drained and they did not put any back in and then they lied about it after the light came on and then filled it and lied again and said it was just a little low. The SW was/is covering for the stealership. Nothing else adds up.............have the lawyer pull the shop video.........

 

My advice was not to take any "action" with the dealer until she has consulted with a Qualified Attorney on what "action" to take with the dealer. You have been offering legal advice when in fact you haven't proven you have the credentials to provide it. Reading comprehension for the win....

So again my advice is for her to revisit the attorney before she picks up the truck. Not to just waltz into the dealership like everything is hunky dory and drive off into the sunset; as you seem to assert is perfectly OK. It maybe OK, but you're not the one she needs to hear that from.

 

I don't see why any of this matters. The OP is doing the right thing as her lemon law lawyer has instructed her to do. I would have them review any documents though that the dealer is wanting you to sign before taking it back.

 

Oh the joys of the ignore button

 

I missed the part where her Lemon Law Attorney told her to pick up the truck from the dealer. The only thing I saw her say was they instructed her to exhaust all avenues with corporate. Corporate does not equal the dealership in all cases.

 

Smitty's got a point here man. He's not providing legal advice, he's telling OP to get legal advice.

If you've ever been involved with a lawsuit, you'd know that's it's not at all about what is right and what is wrong, but moreso, who has followed all the legal procedures correctly.

I could easily see how accepting her truck back serves as some kind of implied acceptance of the truck or implied waiver of dealer/manufacturer liability.

 

Stop the bickering before the thread gets locked. Let the OP do what she was advised to do by her lawyer and she will update.

 

jk lol

Good post

 

Finally got a call from Corporate / Case Manager. Case Manager basically just confirmed the details of the time the truck has spent at the dealership and has escalated the replacement vehicle request to the Regional Office / Director. She said I will receive a written letter in 3-5 business days stating the process has begun and then 30 or more business days of review of the case, then (should I be approved) for a replacement vehicle to be sent to me.
I specifically asked her if it was acceptable that I pick up my truck should it be finished with repairs within the time frame of this open case. She said "that truck is your property and you are paying for it. We are independent from Toyota Financial Services who are the holders of your car loan." Not getting a straight answer, I asked again if it was okay that I go to pick up my truck and that, by accepting the vehicle, I was not necessarily accepting the repairs as they were nor full satisfaction on the repairs made. The Case Manager, again, said, that by me accepting my vehicle back, it would not affect the process of a replacement vehicle.

 

She was extremely careful with what she said to me over the phone. Extremely. To the point where, mid sentence, she would stop and re group her words.
So there wasn't a ton of information exchanged but I did get the answer I needed for the immediate future - to get my truck back.

 

Her being so careful with what to say might raise a red flag...hopefully the phone call was recorded since you don't have anything in writing. And in the end it may be a non-issue, but I'd definitely run it by the Attorney before picking up the truck. What you don't want to hear 3 to 5 days from now from Toyota is "Customer picked up the truck, in doing so she implied acceptance of our attempt to resolve the issues, replacement request thus denied"

 

@smitty99

 

Glad to see how this is turning out for you

 

Picking up the truck is no different than taking it in for the same issue multiple times or in service for 30 days or more broken time. The Lemon law is quite clear and she has a case whether Toyota does it up front or it has to go to arbitration.

 

Too late for that. You think they keep 35+ days of video in archive. I doubt it.