03-23-2008, 10:58 PM
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CC Member
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Join Date: Feb 2006
Location: Gilroy,
CA
Cobra Make, Engine: SPF 2291, Whipple Blown & Injected 4V ModMotor
Posts: 2,719
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Not Ranked
Mike,
Your complaint is too small to make using an attorney cost effective. Sounds like you did a pretty good job of documenting what happened.
This type of grievance is exactly what small claims courts are all about. No attorneys no fancy law degrees just a real simple who did somebody wrong sort of event. With the documentation and proof it sounds like you have, you should consider the small claims solution.
The process varies somewhat from state to state but generally follows a format similar to this:
1. You send a demand letter to the offending party stating (again) how you were wronged.
2. Your letter asks for a specific settlement by a specific date.
3. You advise the future defendant that you will pursue this matter to obtain a fair conclusion/settlement.
Don't go waving lawsuit flags and threats, the bravado has no positive effect and may be detrimental to your future efforts. Most probably the demand letter will be ignored or not acted upon and this is just what you want.
Before you send the demand letter go to your local small claims court and obtain the necessary paperwork to file a claim. Prepare all the paperwork but do not file it. Wait for the morning after your demand letter deadline and then file the small claims paperwork with the court.
Usually you get a choice of service (how the summons is delivered) choose a Sherrif, it'll cost you somewhere between $25 and $50 for this visual effect. They typically arrive in their official vehicle wearing their uniform and a BIG pistol. When they walk in the front door of the business it creates quite a stir.
Check your small claims court maximum claim amount. Subtract the amount you have lost from the small claims maximum and claim the difference as various expenses and damages you have incurred as a result of this event. Be sure to list out the various expenses and damages with dollar amounts.
Line your ducks up and get your side of the story crystal clear, not just in your mind but in your succint written and verbal renditions of it. Enjoy your day in court. Don't be a smart ass and don't whine. Don't try to be a Perry Mason. Just be yourself but above all be factual and to the point.
Get a book from NOLO press on Small Claims Court. It'll step you through all the procedures for the state you intend to file in.
Don't wait for other people or "White Knights" to help. It won't happen. You gotta do this yourself.
Good luck!
Ed
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Comp Cams Bad Tech Support Blew my Engine
After getting incorrect advice on which distributor drive gear to use from Comp Cams Tech Support, my engine blew after only 150 miles. After eight months of going back and forth with them and putting 1000 miles on the rebuild, which was the agreement I made with them, this is their final response. They will replace the camshaft if I send them my old one. So even though their bad tech support cost me $4000 and I have done everything they asked over the last eight months to prove that it was their bad advice, which by the way, they continue to give out to customers. This is their final word. What exactly am I supposed to do with a new camshaft now when my engine has been back together for eight months. And why wasn't that offer made up front? I think it is time to teach thses corporate giants that they can not treat customers this way. I am hoping that many of you will make your voices heard and write and e-mail Comp Cams and boycot their products in the future. If there are any Lawyers out there that want to take up my case, please let me know. If they are not stopped from giving out this incorrect advice on which distributor drive gear to use, then many more of us will have blown engines and costly repairs. Several of you have already contacted me to share their same experience and blown engine stories due to Comp Cams bad advice. We can not let them continue to give out this incorrect information without taking responsiblity for the damges it causes. Please help. Make your voices heard.
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