Regarding the issue of a shop warrantying a stroker engine
#41
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Read the next page. The final resolution was that they did recognize it was their issue, and they are replacing it with a C5R block at a reduced price.
#42
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We have the same issue at work. I require that anyone I deal with do it via email. That way there is a paper copy of who said what. Phone conversations can always end up in a you vs them scenario. If its on paper, at least you have a bit more leverage. But, a busy shop owner may not have time to email you and thus tries to call. You might specifically say that you'd like an email response...
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[quote...and if you still don't get that confirming email?
[/quote]
When I have a verbal discussion with someone and it needs to be acknowledged, I have found that the best way is to recap the conversation in writing (not email -- it's too easy to spoof email) and send it to them. I usually add something to the effect that "if this does not accurately reflect your recollection, please let me know as soon as possible. Otherwise, we will consider this memorandum as the definitive portrayal of our conversation."
It really neeeds to be done this way, otherwise some people just will not respond no matter what. Using this method, they have to respond to disagree. As they say, "silence is consent."
[/quote]
When I have a verbal discussion with someone and it needs to be acknowledged, I have found that the best way is to recap the conversation in writing (not email -- it's too easy to spoof email) and send it to them. I usually add something to the effect that "if this does not accurately reflect your recollection, please let me know as soon as possible. Otherwise, we will consider this memorandum as the definitive portrayal of our conversation."
It really neeeds to be done this way, otherwise some people just will not respond no matter what. Using this method, they have to respond to disagree. As they say, "silence is consent."
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I think gentlemanly thing for MMS to do would be to repair his damaged block to its proper specifications (reinstall the sleeve that dropped or what have you), but given iateyourcats attitude (which borders libel), and MMS's very large customer base of laywers (its LA what do you expect!), I can see why MMS would prefer to just let the lawyers handle it. Who knows he might be able to counter sue iateyourcat for potential lost business if the court finds in MMS' favor!
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Read the next page. The final resolution was that they did recognize it was their issue, and they are replacing it with a C5R block at a reduced price.
#46
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Libel requires a falsehood. I can back up everything I've said with paperwork, emails, afidavits, and photographs.
From dictionary.com:
<<
libel
\Li"bel\ (l[imac]"b[e^]l), n. [L. libellus a little book, pamphlet, libel, lampoon, dim. of liber the liber or inner bark of a tree; also (because the ancients wrote on this bark), paper, parchment, or a roll of any material used to write upon, and hence, a book or treatise: cf. F. libelle.] 1. A brief writing of any kind, esp. a declaration, bill, certificate, request, supplication, etc. [Obs.] --Chaucer.
A libel of forsaking [divorcement]. --Wyclif (Matt. v. 31).
2. Any defamatory writing; a lampoon; a satire.
3. (Law) A malicious publication expressed either in print or in writing, or by pictures, effigies, or other signs, tending to expose another to public hatred, contempt, or ridicule. Such publication is indictable at common law.
Note: The term, in a more extended sense, includes the publication of such writings, pictures, and the like, as are of a blasphemous, treasonable, seditious, or obscene character. These also are indictable at common law.
>>
I'm not exactly sure whether or not there has to be a falsehood for libel. Either way if the court were to rule in MMS' favor it would certainly prove your assertion that MMS is skirting their responsibility to you as false, thus you'd be wide open for a lawsuit, seeing as you've been flaming them on every website around (well documented). Personally I think you're being such a jackass about the whole thing I'd sue you just on principle, knowing you'd have to drag your self out here and retain council ($$$) to defend.
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The comments I read qualify for a defamation of character case in California. A person with good representation could even pursue such a case against someone who posts that another person is "stupid", or stating that they can't read.
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seeing as you've been flaming them on every website around (well documented).
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The comments I read qualify for a defamation of character case in California. A person with good representation could even pursue such a case against someone who posts that another person is "stupid", or stating that they can't read.
For instance; this statement is true
As for the legal question, the customer was advised that nitrous engines have no warranty.
On the other hand; this statement is false
Since he didn't actively pursue resolution with MMS
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#50
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Can you define "every website around?" Unless you define it as two web sites (two posts on one site and the rest here), I'd have to say your statement is libelous. Do you have representation yourself terry?
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My mechanic and I both called MMS and spoke with management. Does this makes your statement libelous? Hmm.
In a previous post you state you spoke to Al. Now you claim you spoke to management. It seems like your story changes around every post? I guess by next post you'll be claiming you spoke to Mike himself?
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You are incredibly misinformed as to what constitutes defamation and libel. I suggest that you pick up a copy of West's Annotated California Codes and educate yourself. Since you've retained counsel, perhaps he/she can break down the concepts into words that are more easily understood. If your last statement is intended as a threat of legal action, I would like to see you try to deliver on it. You may want to be more mindful of your conduct. You never know who you are talking to in these forums.
When I originally read your story, I had sympathy for your situation. I thought you handled it very poorly, and were not entitled to everything you were asking for, but I was able to recognize with the unpleasantness the situation must have presented for you. Now, that sympathy has evolved to an understanding that this is just the world's way of paying you back for being who you are. If your conduct is even a slight reflection of your personality and how you handle business, you are destined to have a rough life.
When I originally read your story, I had sympathy for your situation. I thought you handled it very poorly, and were not entitled to everything you were asking for, but I was able to recognize with the unpleasantness the situation must have presented for you. Now, that sympathy has evolved to an understanding that this is just the world's way of paying you back for being who you are. If your conduct is even a slight reflection of your personality and how you handle business, you are destined to have a rough life.
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If his statement was intended to expose you to public hatred, contempt, or ridicule, and you can prove significant damages, then absolutely! I have to admit I think you'll have a hard time provide those counts.
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Can you define "every website around?" Unless you define it as two web sites (two posts on one site and the rest here), I'd have to say your statement is libelous. Do you have representation yourself terry?
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My mechanic and I both called MMS and spoke with management. Does this makes your statement libelous? Hmm.
In a previous post you state you spoke to Al. Now you claim you spoke to management. It seems like your story changes around every post? I guess by next post you'll be claiming you spoke to Mike himself?
If the truth elicits public outrage I can't help that.
Al's not management? Mike said he took Brad's job. Brad was "General Manager". My "story" hasn't changed. I can't help it if you don't understand.
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If your last statement is intended as a threat of legal action, I would like to see you try to deliver on it.
As far as suing over something this silly, I'm pretty sure a judge would bitch slap anyone lawyer fool enough to waste his time with this.
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You're quite the Internet tough guy. I suppose it is quite easy to sit behind your keyboard and type nasty comments about other people. I suggest that you watch what you post, some of your comments could easily be construed as being defamatory. If you happen to come out to California, perhaps you would like meet up and tell me that I'm stupid. Somehow......I doubt it.
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Black bird beat me to it, i was gonna say ENUFF BULL ****, he asked for opinions(SP?) and he has em, let he and MMS work it out.enuff is enuff, i ate yourcat has obviously gotten ahold of a bad kitten. there is nothing more positive can come out of this, i think you sould lock this post and the next one when it starts
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AMS
Went way out of there way for there customers all the time, and are amazing with customer service..
They tuned my car, so when it was in for misc stuff the tuner felt the need to re adjust a few things on his own, AFCs can only do so much so he would always take a peak at my car to see how the tune was etc..
Honestly treat your customers good, and they will come back forever like me
Went way out of there way for there customers all the time, and are amazing with customer service..
They tuned my car, so when it was in for misc stuff the tuner felt the need to re adjust a few things on his own, AFCs can only do so much so he would always take a peak at my car to see how the tune was etc..
Honestly treat your customers good, and they will come back forever like me