Tuesday, December 9, 2008

Legal help please, writing plaintiff statement for small claims? -

This is my story, and having trouble shortening it for my plaintff statement for small claims court. I appreciate any help.Thank you. At approximately 11:30 am on July 30 of this year, we brought our vehicle, a 2001 PT Cruiser, to your garage and asked you to service it. You quoted us $450 cash for your labour to change the head gasket, with us purchasing the parts and bringing them to you. On the evening of July 30, we returned to your shop to retrieve something from our car that we had forgotten. We saw that our drivers side window was down, partially covered with a garbage bag. We came to retrieve a bag of garbage that we had forgotten. However, we couldn t, because one of your mechanics had dumped the bag of garbage in the backseat of our car in order to use the bag to cover the window. We cleaned up the garbage, and attempted to re-cover the window. On the morning of July 31, we spoke with one of your mechanics about this, and expressed our unhappiness and request to have the window up or the car taken into the shop before the long weekend. We were assured this would be done.Imagine our furiousity when we visitied your shop on August 3, to find our car in the same spot, still with the drivers side window down. Now, not to mention that it rained heavily the whole weekend, and here is our car sitting wide open. It was also at this time that we realized, that a few items such as our Eliminator battery charger, tool bag with pipe wrenches and other hand tools, as well as refrigeration guages were stolen from our car. No doubt, from being left open all weekend. On Tuesday August 4, we contacted you, and expressed our unhappiness once again. You apologized and told us you would take care of the window and continue working on our car. A week passed, and on August 11, we contacted you once again, where you told us the timing belt and cylinder head needed to be replaced and that you needed more time.On August 18, you contacted us to tell us that the fan motor now needs to be replaced. We refused and said we take care of it ourself, at this point we just wanted our car back in our hands. You required us to pay another $250 cash in order to release our car, (we paid $150 cash and paid $100 Visa) with an agreement to leave you a postdated cheque dated for Thursday August 20, 2009 in the amount of $350. We did so, in order to retrieve our car, cancelling the postdated cheque immediately.Upon leaving, we noticed that our car no longer had power steering, a problem in which it did not go in with. We parked our car for the day and also removed the fan motor. We took it to Speedy Starter and Alternator Rebuilders at 22 Westney Road, for testing. After testing with direct power, we were informed the fan motor worked fine and that there was nothing wrong with it. Our next step of action, was taking our car to Canadian Tire for diagnostic testing, where we were told the previous mechanics did extensive damage to the timing belt, power steering lines and pump, upon reinstalling the engine. Please see attached Canadian TIre Work order. We are requesting that you make good on the faults your company made, we are requesting you to cover the total cost of the damages to our vehicle. Please respond to this letter within 10 business days, in order to prevent further action in Small Claims court.Regards,

WAIT A MOMENT:This what my attorney told me to do in California, when this repair place did virtually the same thing to me my attorney is not giving you legal advice, nor am I, but, If I was you I would: Call the state board of AUTO REPAIR.Here, I made 1 phone call, thats all...and they started..Get a free state professional auto repair investigator....who can take the repair licensce away...all of this here, above and below is California... your state have the same thing, as Califoria?* And fine the guy big time..if he is bad.(1) CALL THE STATE DEPARTMENT OF AUTOMOTIVE REPAIRS ...THEY ARE SUPPOST TO HAVE THE PHONE NUMBER FOR THIS PLACE..IN THE stor window OR ON THE PAPER WORK....THEY WILL GET YOU YOUR MONEY.. if you are just..WITHOUT YOU GOING TO COURT...CALL THER PHONE DIRECTORY FOR THE TOPIC NUMBER.California, for example, has special investigators who deal with these jerks all of the time.ITS TOO EASY TO GET YOUR CURE VIA THE STATE INVESTIGATORS...THEY WILL PULL HIS REPAIR LICENSCE..IF HE IS A SCREW UP........You should try this first, before you try the court thing...you don t need to accept the offer that the state may get for you...The phone number for the state..is in the phone book under state government...OR THE JERK IS TO HAVE THE STATE CONTACT NUMBER IN THE WIDE OPEN, SO, EVERYONE CAN SEE IT...CALIFORNIA...DOES YOUR STATE HAVE THIS ASSISTANCE?______________________________________��COURT CAN BE A ROLL OF THE DICE..PEOPLE GET LIERS OUT, ESPECIALLY IN SMALL CLAIMS COURT..WHERE THERE IS VIRTUALLY NO DISCOVERY:But, here is some of it for court if you go..if you go to the state..you can use what you already have..its relatively informal..quick..easy..punitive too.For court, some of it...On/or about, July 30, 2009 you agreed to repair ( fully describe the service) to our 2001 PT Cruser, for $ 450, less the parts that I was to supply.But ,you leaving the car unsecured, even after I gave you notice to close the car window on July 31 2009, Aug 3, 2009.On Aug 4, 2009 you admitted fault for the theft of items with the replacement value of__________and the rain damage of___________. ( This guy is really stupid.) I bet he lies a lot too.We stoped payment of our check upon further discovery of even more damages. Upon inspection of the car, we discovered that_________timng belt etc. was damaged.Get a total damage summary, in dollars, and the time off work, etc.Expert opinion statements in writing..or maybe he will help and go to court.I would let the state try handeling first..they will take his licensce away if he is a jerk;And/or tell you insurance agent about this, and get his insurance policy in on this. ( I would try to stay out of liers court.) { small claims} If I could, if I was you.

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