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SSi Crew Member
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598 Posts
Discussion Starter #1
This is gonna be long.

Late August about the 20th or somewhere around there, I purchased a transmission for Massillon Auto Salvage in Massillon, OH. They had advertised the transmission as being a Altima GXE 5spd transmission with locking differential. The transmission got there originally within I believe a week or two. I also bought both axles for the LSD tranny (since I did not originally have LSD). When I went to pick up my tranny from the shop that installed (only recieved the parts and installed the parts did not deal with the Junkyard) it made loud bearing noises as well as grinded every shift into 3rd and 4th. I took it back to the dealership and asked them what that was they confirmed it was the bearings in the transmission and the synchronizers. Also this transmission was NOT Limited Slip or Locking differential. So I called the junkyard back up and said that I needed a replacement (I was issued a 6mo warranty with the purchase). They agreed to find me the correct transmission and ship it. This took about 2 months. They finally said they had it and sent it, I dropped off my car again for an intended week. After that week the tranny still had not arrived, then they got the transmission the next week (2 weeks w/o a car) and it was the wrong transmission again not a locking differential. So I picked up the car without the recent transmission installed. I called the junkyard back and let them know that they had sent the wrong transmission again, they said they would figure it out and give me a call back. After about 2 weeks no calls back I called again, the person I was originally dealing with no longer worked there. So I asked to talk to the president of the junkyard. He knew about the situation and had not done anything yet. He figured out that the junkyard they had found it at did have the correct transmission and took about 2 more weeks to get that all worked out before they finally had possession of the new "correct" transmission. At this point it had been about 4 months since I had originally purchased the transmission. Out of the 20+ times I had called them up to this point about 10 times they had said they would call me back and never had. Now they have been giving me the run around on when they are going to be delivering it to my dealership doing the install. They have said things such as we have a truck going that way on this day we'll send it with that (at their convenience??). Then they would send it with that truck and it would not get there until my dealership had closed. They did this a few times. Then some other excuse came up like my dealership did not know information necessary for the trade yet nobody has ever contacted me yet about any of these. I found out from calling the next day etc. Another 20-30 times they had said they would call me back and never did. They had hung up on me about 5 times when I was supposed to be going on hold. I have tried to contact the better business bureau and do not have enough information to file a complaint, this would take about a month too. I've wanted to contact a lawyer but I do not know the first thing about legal actions and am frankly afraid to do something along those lines. Does anybody have some advice on how to get this taken care of? I have been nice (and by nice I mean VERY nice, and I have been very strict telling them that I need this tranny and it needs to be sent the next day. They would agree to do so but then not do it) I have had enough, I am extremely distressed over this, I have NO IDEA what to do. It is causing major problems with my mood and ability to have a social life. It has also made it practically impossible for me to get a sufficient job while at school. ANY Advice is appreciated. Thank you in advance.
 

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donor cycle
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14,572 Posts
i don't know how small claims court cases work out when the parties are in different states, but that sounds like your best option.
 

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donor cycle
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14,572 Posts
you also might want to check with some of the courts local to the junkyard to see what kind of record they have with cases against them.
 

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Cube Farmer
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2,202 Posts
Send them a letter that you give them 15 days to straighten things out (send it certified mail). Tell them if they do nto respond within these 15 days you will have no choice but to file in small claims court (you do not need a lawyer). Advise them in the letter that you will be requesting reimbursment for 1) loss of use of your vehicle at $25 a day for the time after the 2nd screw up. 2) reimbursment of all mechanical costs incurred because of the screw up, 3) the actual cost of the transmission and 4) the cost of all your time incurred and any other costs. Tell them you want them to "put you back to where you were before you purchased the transmission". Make sure you make a list of the costs above and mail it with the letter in an excel spread sheet or somethign to that nature. Be sure its certified mail so you know they got it and you have proof you tried to settle this outside of court. If this doesnt work, go ahead and file in small claims court. The judge probably will not give you all of those things, but he will give you a settlement over the cost of the transmission for sure. You dont have to get a lawyer for this, and you sure as hell don't have to know anything but how to fill out the forms at the court house (really basic) to file the claim. The cost to file is like $40 max. They may turn you over to their insurance carrier if they carry a general liability policy with the correct coveages on it, and the insurance carrier will cash you out if they carry the coverage, you can also request this in your letter to them. Most of the time they won't carry this coverage though as it is excluded under "your product" in most CGL's.
 

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Smell it, fools...
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1,728 Posts
Have you guys ever heard of this new invention called a

PARAGRAPH!!!!


There's another one called white-space.... They are said to aid in comprehension and tidiness of a post.


BTW, Sprstyl has just laid out your plan of action.... go do it.
 

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Smell it, fools...
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1,728 Posts
PorscheKid said:
Oh yeah... well an ellipsis only has three dots so there. :p
Oh yeah? Well, "well" needs to be upper case and there should be a "," after "dots".

:boxme:

:D

:wall:
 

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SSi Crew Member
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598 Posts
Discussion Starter #11
PsyKoh said:
Oh yeah? Well, "well" needs to be upper case and there should be a "," after "dots".

:boxme:

:D

:wall:
"Oh yeah?," is not a complete sentence. "Yeah" is not a word. "Well" should not be used as the first word in a sentence. Punctuation should be within quotation marks. i.e. "dots." I am an author, a poet, and a journalist. I simply did not care much for using proper english in this post. My appologies if my lack of structure made it difficult to read. I further more appreciate those who read my post and composed a response with out some smart ass remark. :angel1: No offense, and none taken by the way.
 

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Smell it, fools...
Joined
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1,728 Posts
:lol:

Dang, I had to pick on a freeking journalist..... Serves me well. :D


BTW, if you appreciate responses without smart ass remarks, stay away from OT. We are the definition of smart ass. ;)
 

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Smell it, fools...
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1,728 Posts
Nismom said:
Cliff's Notes? :sad:

Bought tranny

Tranny bad

Got replacement

Replacement not what ordered

getting run-around

Contemplating lawsuit

Asking for opinions

Me being a smart ass

Me getting my ass handed to me by an author/poet/journalist.

you asking for Cliff's notes.
 

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SSi Crew Member
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598 Posts
Discussion Starter #16
Nismom said:
:lol: Thanks, Psy...

Don't forget to file a complaint with the BBB!


That's all I got, sorry. :sad:

Tried but those BBB people are all automated and hard to file a complaint with. I need more information and then I'll try that again, even if it is settled by then.

Psy: You amuse me. Great cliff-notes.
 

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Import Tech.
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4,670 Posts
Remove the trans and send it back for a full refund .... They should have no problem with that since they sold you the wrong part .... then find it some where else ...
 

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Wasabi Warrior
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1,023 Posts
FreshAltima said:
"Oh yeah?," is not a complete sentence. "Yeah" is not a word. "Well" should not be used as the first word in a sentence. Punctuation should be within quotation marks. i.e. "dots." I am an author, a poet, and a journalist. I simply did not care much for using proper english in this post. My appologies if my lack of structure made it difficult to read. I further more appreciate those who read my post and composed a response with out some smart ass remark. :angel1: No offense, and none taken by the way.
"Oh yeah?" can be considered a sentence, especially as a first person comment/exclamation. "Yeah" is also defined as an (informal) adverb, meaning 'yes'; a variant of yea. (The American Heritage College Dictionary - Third Edition.)

you also misspelled 'apologies'... :)

I'm also a (former) journalist. :wall:
 

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SSi Crew Member
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598 Posts
Discussion Starter #19
Black Dragon said:
"Oh yeah?" can be considered a sentence, especially as a first person comment/exclamation. "Yeah" is also defined as an (informal) adverb, meaning 'yes'; a variant of yea. (The American Heritage College Dictionary - Third Edition.)

you also misspelled 'apologies'... :)

I'm also a (former) journalist. :wall:

You are correct. His comment was informally acceptable, mine too. Minus typo's and miss-spellings. We can all use editors.


EDIT: Ok enuf of this proper bullsh*t.. Visiting this board doesnt pay me enuf to be proper.
 
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