How much should somebody take??? [Archive] - Diesel Place : Chevrolet and GMC Diesel Truck Forums

: How much should somebody take???


ALUMINATOR
07-21-2004, 12:07 AM
I am sure a lot of you guys know the problems I had with my 01 and then when I got my 04 it seemed things went from bad to really bad.

With just a few hundred miles it started smoking so bad you couldn't see the road behind you. Many weeks in the shop and all the phone calles to GM they finaly offered to find me a new truck just like the one I have or order me a new one.

Guess what??? Now they want to change the offer and just refund my money. Their reason: We are to busy to build you a new truck and we can't find a dealer to handle the paperwork involved with the replacement.

My take is that getting my money back I loose all the discounts and coupons I had when I ordered this one and don't think they are to busy to take new orders.

I have never hired a lawyer to sue anybody before but it looks like I will have to lower my standards and find one of those hungry CA lawyers to get GM to make this right.

Do you think that with all the problems that a lot of the Duramax owners have had would qualify for a CLASS ACTION status? I don't know much about the law but it will not take long to find somebody that does.

I am fed up owning a $45,000 truck that has 4,000 miles and it will not go down the freeway. Five months is way to long not to be ticked off!!

groten
07-21-2004, 12:43 AM
I feel your pain! See my post here: http://dieselplace.com/forum/forum_posts.asp?TID=11718&PN=1


Hang tuff... fight them.

dpower
07-21-2004, 10:24 AM
Aluminator I understand that you are ticked but you should just save your money on the lawyer...your not going to get more than your money back. Class action suit....lots and lots of satisfied dmax owners out there. Not only that...dodge and ford are the same way..they all have their situations similar to this one. Take your money and buy something non-Gm...nobody would blame you and its not gonna get any better than that. Trust me....I have been through the mill on this stuff.

baimpala
07-21-2004, 10:54 AM
dpower,


You are spot on, bro. There is no way a lawyer would touch this case unless they are really sleazy. They will just take ALUMINATOR's money and leave with an even worse tast in his mouth. It's too bad for the very few that have problems, but there's no chance of class-action here.


Sorry to hear your problems, ALUMINATOR, hang in there,
Dennis

goody
07-21-2004, 05:13 PM
They are building new trucks everyday it'll just have to be an 05. Hang tuff, if you have paper trail with first offer you should get your truck and not money less incentives.

BuckeyeQuicky
07-21-2004, 06:54 PM
If you have it in writing with a GM letterhead and signed by someone from GM then you have nothing to worry about, what I would do is take them to small claims court and make them live up to there promise, hopefully you have such a letter along with times dates and the names of people you have talked to about your problem, the more info you have backing up you claim the better, and don't let anyone tell you it cant be done, because I sued GM in small claims court in Pennsylvania in 1998 and won, and got everything I asked for, if you need help on how to go about it PM me Ill try to help you get started.

dpower
07-21-2004, 07:05 PM
Bottomline is your not gonna get anything over what was financed....if I were you I would take it and avoid lawyer fees court costs etc... I am not saying its impossible but the odds are not stacked in your favor...consider this, what happens if they decide to remove the offer from the table onces being contacted about a law suit....then what...Not trying to stir the pot, just being realistic. I am the first one to get pissed when things are not right but sometimes it just is not worth it in the long run. At this point, if you decide to go to court make sure your paper trail is flawless.

Kendall69
07-21-2004, 08:08 PM
Problem with the lawyer deal is, GM is giving you your money back. Now if they weren’t giving you your money back, you would have a case.

Who would have thought that getting your money back would be a problem, but I feel your pain. Losing the discounts etc. Are a lot of money. Perhaps you can find a dealer on your own who would made the swap...anythings possible.

Here’s the guy I used against FRD. in CA. He’s great.
http://www.brennanlaw.com/
He got me a new truck and the use of the other truck free for three years, and 60K in legal fee’s for him. If the dealer would have only done the swap they could have saved 60k and the fee their three lawyers charged.

ALUMINATOR
07-21-2004, 10:26 PM
Well guys,





After cooling down I have to agree with most of you,BUT--------





When they say that they will give you your money back do you think that covers the SALES TAX, DMV FEE's and the like???





Dennis

k1xv
07-21-2004, 10:42 PM
Ask if sales tax is covered. Registration is probably not, but in some states, registration is transferrable.

If they are going to refund your entire purchase price, I would take the money and run. If you sue and they get stinky, all you are legally entitled to is the fair market value of a used truck with 4500 miles on it, which is probably less than what you paid. Plus you would encounter legal fees and court costs.

There should be promotions and rebates for the forseeable future.

PS. I am one of those stinky lawyers you hate.

RickDLance
07-21-2004, 10:45 PM
In my state you can use the sales tax credit on your current vehicle towards your new one. Check in your state.

ALUMINATOR
07-21-2004, 11:53 PM
K1xv,


It isn't that I hate layers at all!! I think that here in CA that I can hire one and GM has to pay the bill if I win or loose but like the others say _ is it worth it??


Some times it might be better just to get it over with and that is what GM wants!! Just give in and let them have their way. I will not get the $1,000 retired GM, $750 loyality, $2,500 cash back and what ever other ones I got to use to order this truck! Then if I have to eat the tax and license fees I might have to change my mind and take it to the judge. Whats up with Gm saying one thing and then changing their mind about replacing the truck. I guess the days of keeping your word and the customer happy are long gone.


Dennis

Mofun
07-22-2004, 01:21 AM
I agree with RickD


If you financed the sales tax they wont refund that. You will need to get a form to mail to your state gov. for a sales tax credit. I just had to do this myself for a car that I sold about 5 months ago. In my state you have a 180 days to purchase a new vehicle to get the credit...but on the form it also had a statement for lemon laws vehicles so I am sure you can get a refund from the state...it might take a couple of weeks though.

biggar
07-22-2004, 02:36 AM
You'll get sales tax money back somehow. I would take the money and run. What's to say you can't make a great deal on another truck? They're givin' trucks away in SoCal it seems. I thought I did great with the GM "S" plan but it seems everyone I know who bought one of these trucks did nearly as well walking in off the street.





Gar

redneck45
07-22-2004, 06:32 AM
Take money and run to the nearest Dodge dealer and give them your $.http://www.dieselplace.com/forum/smileys/Geek.gif