Jim Ellis VW sues VWVortex and User over post about the dealership
#11
![Default](https://www.audiworld.com/forums/images/icons/icon1.gif)
So, the car didn't get done on the first day because they were all backed up, most likely with more severe services than this guy's bent rim. It happens. Such is life. Most of us just "get over it."
Then he reschedules the car and brings it in a half day earlier with hopes that they'd get to it early. I have no doubt that his "service advisor" made the suggestion but also didn't make any promises that it would get done early. So, the next morning rolls around and the car isn't done and this guy is already furious.
Sounds to me like Jim Ellis has another version of what happened here.
Oh, and declaring in his post that he is doing this for revenge--really bad move. That's one of the elements of a libel claim. I hope he has a good lawyer.
Then he reschedules the car and brings it in a half day earlier with hopes that they'd get to it early. I have no doubt that his "service advisor" made the suggestion but also didn't make any promises that it would get done early. So, the next morning rolls around and the car isn't done and this guy is already furious.
Sounds to me like Jim Ellis has another version of what happened here.
Oh, and declaring in his post that he is doing this for revenge--really bad move. That's one of the elements of a libel claim. I hope he has a good lawyer.
#14
![Default](https://www.audiworld.com/forums/images/icons/icon1.gif)
It does not matter if the customer is right anymore. THey are privately owned businesses and have the right to refuse service to anyone (holding up hand for BMW)
I was in a similiar situation where my car went in for 2.5 MONTHS and when it came out they said it was a leaky oil seal. They tried several times to give it back to me when it wouldn't keep running and said that it was 98% and that was close enough???? After 2 letters to BMW of America the dealership wrote me a letter telling me to take my service somewhere else. The closest dealership was 150 miles away and of course my water pump went out the next week
I was in a similiar situation where my car went in for 2.5 MONTHS and when it came out they said it was a leaky oil seal. They tried several times to give it back to me when it wouldn't keep running and said that it was 98% and that was close enough???? After 2 letters to BMW of America the dealership wrote me a letter telling me to take my service somewhere else. The closest dealership was 150 miles away and of course my water pump went out the next week
![Frown](https://www.audiworld.com/forums/images/smilies/frown.gif)
#15
![Default](https://www.audiworld.com/forums/images/icons/icon1.gif)
What could JE possibly hope to gain from this? A declaratory judgment that their service department is competent? How can they possibly quantify significant monetary damages. The only damages are going to come from all those vwvortex users who stop going there as a result of this lawsuit. They are probably far underestimating the effect that this will have on their business, especially if they are not the only game in town.
<EDITED: P.S. Please don't sue me for posing these rhetorical questions.>
<EDITED: P.S. Please don't sue me for posing these rhetorical questions.>
#18
![Default](https://www.audiworld.com/forums/images/icons/icon1.gif)
problems." They will argue that this is a false attribution of a statement to the service manager. Due to a fairly recent Supreme Court ruling (about 6 years ago I think - the case is called Masson v. the New Yorker I believe), this could be a libel, and in most states, when defamation is about someone's profession the road is much easier for the Plaintiff.
#19
![Default](https://www.audiworld.com/forums/images/icons/icon1.gif)
Not in this case, because he then outlines his intent. He says "revenge" and then gives direct examples of said "revenge", which turn out to be totally legitimate and legal courses of action. Any lawyer worth his Dunhill briefcase will get this thrown out before lunch (assuming this guy is telling the truth).
I admit that under slightly different circumstances, or with other language, "revenge" could be problematic.
Boycotting is legal.
The forums are also protected.
"I'm out of order? You're out of order! You're out of order! This whole forum is out of order!"
I admit that under slightly different circumstances, or with other language, "revenge" could be problematic.
Boycotting is legal.
The forums are also protected.
"I'm out of order? You're out of order! You're out of order! This whole forum is out of order!"
#20
![Default](https://www.audiworld.com/forums/images/icons/icon1.gif)
So its definitely not the same tranny. Its also not the same clutch pressure plate. The guy might've meant the whole drivetrain is only rated for 20% more power... people have been seeing more and more clutch issues as some of the older cars with high power stage II keep aging.