DammitJanet
Well-Known Member
If there is anyone on here who is a lawyer I would appreciate picking your brain a bit. It has to do with a vehicle purchase.
*Thanks.
*Thanks.
Dont we have someone who is a lawyer on here? Question
- Thread starter DammitJanet
- Start date
svengandhi
Well-Known Member
I'm a personal injury lawyer but I'll try to help you or point you in a direction...
DammitJanet
Well-Known Member
I consider this personal injury but the other lawyers dont. LOL.
I am assuming you have read about the issues I have had with the car I purchased back in August, 2013. I found out not long after I bought the car that they lied to me about the car being totaled. In NC we have a law called [h=1]N.C. Gen. Stat § 75-1.1: Unfair & Deceptive Trade Practices Under North Carolina Law[/h]
The basic premise of this law is that a person such as a car dealer cannot give information that they should have known to be true, such as them telling me that the car had never been totaled. Not only did they tell me, they also have to sign a paper that says whether the car has been totaled, been in a flood, been a salvaged vehicle, been stolen or has had any reconstruction to it. They signed NO to everything but I later found out the car has been in 3 accidents with the third accident causing the insurance company to total it. The car was sent at that time to a salvage yard where the dealer that sold the car to me bought the car and brought it back to NC. For over a year the car was used as a rental vehicle once they fixed it up. Or at least that is what they had it registered to them as.
I had the car taken to them the day after I bought it after I found out the electric windows didnt work properly. I had the paperwork in the car at that time but after that, they had mysteriously disappeared. I went to the dealer and asked for copies of everything I had signed and they are refusing to give me anything. The police told me to get a subpoena but in order to do that I have to start a case against them.
Big circle.
The law is definitely in my corner but I need those papers to get anything started. Do you know anyway I can get them short of the subpoena? I am sending them a certified letter asking for them so that I can show they are not complying. What do you think?
If you want, here is the webpage for that law: http://en.wikibooks.org/wiki/N.C._Gen._Stat_%C2%A7_75-1.1:_Unfair_%26_Deceptive_Trade_Practices_Under_North_Carolina_Law#cite_note-48
I am assuming you have read about the issues I have had with the car I purchased back in August, 2013. I found out not long after I bought the car that they lied to me about the car being totaled. In NC we have a law called [h=1]N.C. Gen. Stat § 75-1.1: Unfair & Deceptive Trade Practices Under North Carolina Law[/h]
The basic premise of this law is that a person such as a car dealer cannot give information that they should have known to be true, such as them telling me that the car had never been totaled. Not only did they tell me, they also have to sign a paper that says whether the car has been totaled, been in a flood, been a salvaged vehicle, been stolen or has had any reconstruction to it. They signed NO to everything but I later found out the car has been in 3 accidents with the third accident causing the insurance company to total it. The car was sent at that time to a salvage yard where the dealer that sold the car to me bought the car and brought it back to NC. For over a year the car was used as a rental vehicle once they fixed it up. Or at least that is what they had it registered to them as.
I had the car taken to them the day after I bought it after I found out the electric windows didnt work properly. I had the paperwork in the car at that time but after that, they had mysteriously disappeared. I went to the dealer and asked for copies of everything I had signed and they are refusing to give me anything. The police told me to get a subpoena but in order to do that I have to start a case against them.
Big circle.
The law is definitely in my corner but I need those papers to get anything started. Do you know anyway I can get them short of the subpoena? I am sending them a certified letter asking for them so that I can show they are not complying. What do you think?
If you want, here is the webpage for that law: http://en.wikibooks.org/wiki/N.C._Gen._Stat_%C2%A7_75-1.1:_Unfair_%26_Deceptive_Trade_Practices_Under_North_Carolina_Law#cite_note-48
DammitJanet
Well-Known Member
Oh one more thing. The car started having issues running approximately the last week or so of September and when I took it to them to get it fixed under the warranty (6 months, 6000 miles) they refused to even look at the car. The owner just told me that nothing that could possibly be wrong with it would be covered under the warranty! They never even looked at the car. So since the end of Sept, I have not been able to drive it because it cuts off and stops dead wherever I am. Yesterday I tried to drive it up to my mailbox because it was raining and it stopped running right in the middle of my road which is a country road where the speed limit is 55 mph. Thankfully someone came along and helped push it out of the road. I am going to try to get it home today. Who knows if I will be able to.
svengandhi
Well-Known Member
OK, I read the statute. First of all, this is not a personal injury case. It's possibly a breach of contract or of warranty, a fraud in the inducement or a deceptive practices case but it's not personal injury.
The main problem is that you no longer have the paperwork. Since they won't give it back to you, you might want to contact the Attorney General Office to see if there are any other complaints about this dealer or check with the Better Business Bureau for the same thing? Is there a law school clinic that handles consumer matters?
Have you sent them a certified letter, return receipt requested, asking for the paperwork?
The main problem is that you no longer have the paperwork. Since they won't give it back to you, you might want to contact the Attorney General Office to see if there are any other complaints about this dealer or check with the Better Business Bureau for the same thing? Is there a law school clinic that handles consumer matters?
Have you sent them a certified letter, return receipt requested, asking for the paperwork?
DammitJanet
Well-Known Member
I have contacted a lawyer. I know its not personal injury but they have "injured" me in the legal sense. The lawyer has advised me to try to contact the dealer with the certified letter but to do it in a way they wont think its from me. I am doing it in a large manila envelope with another one inside with prepaid postage. Im not putting my name or address on the outside of the envelope. I will have to put a return address for the certified part but Im using a different name and hoping they wont recognize the address. Im actually considering opening a PO Box just for this.
LittleDudesMom
Well-Known Member
Wondering why they would want you to not have your address on the envelope? Do they believe the certified letter will be refused? If it is refused, there will be a record that your mailing was refused. I must say, I honestly don't believe the lawyer gave you sage advise. Why put someone else's name on the envelope? If you were to go to court and produce the certified information, you have to admit deceit. If you are that concerned they would refuse the mail, go and file against them in small claims court (if you are under that financial ceiling) and then they will be served by a professional or the sheriff.
Insofar as they paperwork, I would imagine that they have standard paperwork provided to their customers and are required to keep their sales files. They would have to produce that in court.
In order to file a claim in small claims court, I don't believe you have to the paperwork. I'm not a lawyer, but I think the purpose of small claims court is for the court to hear the evidence, not that you have to produce evidence when you file.
Your state law specifically says that it is not on the plaintiff to actually prove fraud just that the defendant "possessed the tendency or capacity to mislead or created the likelihood of deception." I believe you have a case under the statute with regard to an "unfair act or practice". I would send a certified letter that states you have repeatedly requested your paperwork and they have declined to provide you with copies. You have been in touch with an attorney who says they have a legal obligation to provide you with a copy of your paperwork, if requested, and have 10 days to do so (to be picked up in person) or you will file a claim under the NC UnfairTrade Practice Act.
Again, I'm not an attorney, but I think you have a case.
Sharon
Insofar as they paperwork, I would imagine that they have standard paperwork provided to their customers and are required to keep their sales files. They would have to produce that in court.
In order to file a claim in small claims court, I don't believe you have to the paperwork. I'm not a lawyer, but I think the purpose of small claims court is for the court to hear the evidence, not that you have to produce evidence when you file.
Your state law specifically says that it is not on the plaintiff to actually prove fraud just that the defendant "possessed the tendency or capacity to mislead or created the likelihood of deception." I believe you have a case under the statute with regard to an "unfair act or practice". I would send a certified letter that states you have repeatedly requested your paperwork and they have declined to provide you with copies. You have been in touch with an attorney who says they have a legal obligation to provide you with a copy of your paperwork, if requested, and have 10 days to do so (to be picked up in person) or you will file a claim under the NC UnfairTrade Practice Act.
Again, I'm not an attorney, but I think you have a case.
Sharon
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