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Lemon Car question-help po pls

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1 Lemon Car question-help po pls on Tue Jun 21, 2011 9:47 pm

stashracer


Arresto Menor
Good day atty. i would like to ask for your advise regarding my situation. I bought a vehicle from one of the car dealers. before i was to drive the vehicle a customer care officer approached me and educated me about the warranty and all. sabi ko sa kanya na sana di mangyri dito sa amin yung nangyari sa amin ng parents ko with another car company. this is in refference with a case we had under GR No 173933. however 5 days pa lang may rattle sound na yung sasakyan so nireklamo ko sya. sabi ko ibalik ko na yung sasakyan, sabi sa akin ng service adviser hintayin na lang ang first 1000km. so dinala ko nga yung unit. tapos nilang e service nagdrive kami sa smooth road kaya wala. however nung napadaan ako sa medyolubak lumabas nanaman ingay. nireklamo ko agad. ang sabi sa akin tatawgan ako.



Last edited by stashracer on Fri Jun 24, 2011 9:20 pm; edited 1 time in total

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2 continue on Tue Jun 21, 2011 10:01 pm

stashracer


Arresto Menor
pero they called after a week pa nung nag text ako follow-up which pingalitan ko sila dahil dun. now after 2 days pinapadala sa akin sasakyan papunta sa kanila. papalitan daw rack and pinion. however after napalitan, nagtest drive kami at still nandun pa yung rattle.kaya nanghingi ako ng meeting sa general manager.sabi ko bakit ganun na di nman masolve. sabi ko kung ganun ibalik na lang nila pera or palitan ng maayos. or kung maayos nila within a month maayos nila and bigyan nila ako ng loaner car. however ayaw pumyag kaya i wrote a letter of demand. na i rectify nila yung problem within a month and provide me loaner car. after that we had a meeting. pumyag na sila magbigay ng loaner car, tapos during the meeting we agreed na ifoforward nila yung sasakyan sa manufacturer. sabi ko gusto ko yung planta ang gumawa. saka usapan namin na bibigyan ako ng regular update. so after almost 3 weeks di nanamn nila ako binibigyan ng reglar update. so sumulat naman ako ng followup. sumulat sila na 3 days ako naginspect sila sa sasakyan tapos sabi naman nila na walang sira and pumunta ako rep ng planta and indeed wala daw sira. the following day pumunta ako and then pointed out sa kanila na nandun pa. sabi ko di ko natatangappin yung sasakyan kasi di sila tumupad sa usapan. i told them that sa consumer act protected ako sa base sa case namin dati na protected ako. we had our meeting with the manufacturer and sabi nila di daw nila papalitan kasi wala sira and ask me to test drive sabi ko beyond na yan and bakit ngayon lang sila nagharap sa akin eh 2 months na sa dealer sasakyan ko. sabi ko magupgrade ako magshoshoulder ng difference or iblik pera ko in full. nag=offer sila ng 20% discount sa service which tinangihan ko. sabi ko sa kanila na put it in writing yung proposal nila then pagaaralan ko.

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3 continue 3 on Tue Jun 21, 2011 10:13 pm

stashracer


Arresto Menor
sumulat ako ulit. na yung stand ko na sna they will consider it when making a proposal. this was few days ako.then kanina nakareceive ako ng letter of demand,

mr

our client has instructed us to formally inform you of its position regarding your complaint regarding your car with plate xxxxx

our client has carefully accomodated your request and complaints and and this regard our client has already conducted all necessary test and actions required. it is now stated with utmost confidence that there is nothing wrong with your unit and the same is ready for pickup

with all due respect, your demand for a replacement or return of payments made is without basis. furthermore formal demand is herein made for you to immediately return the loaner car in possession within five days from receipt of letter.

should you fail to take delivery of your vehicle and return the loaner car in your possession,much to our regret we will have to take necessary legal actions, including imposing storage charges for your vehicle at the rate of P300 per day

We hope we have made our client position on the matter.

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4 question on Tue Jun 21, 2011 10:16 pm

stashracer


Arresto Menor
i will be returning yung loaner car based sa earlier email ko . however i do not want to take the vehicle anymore kasi they didnt do what was agreed . saka if ever can i ask them to have it black and white na indeed the problem was rectified. where do i complain of file a case which will be the better remedy.? need you help po limited lang po alam ko now since 2nd law school stud pa lang po ako.

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5 question on Tue Jun 21, 2011 10:17 pm

stashracer


Arresto Menor
i will be returning yung loaner car based sa earlier email ko . however i do not want to take the vehicle anymore kasi they didnt do what was agreed . saka if ever can i ask them to have it black and white na indeed the problem was rectified. where do i complain of file a case which will be the better remedy.? need you help po limited lang po alam ko now since 2nd law school stud pa lang po ako.

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6 Re: Lemon Car question-help po pls on Sat Jun 25, 2011 3:19 pm

attyLLL


moderator
get the car back, and file your case at dti.


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7 Re: Lemon Car question-help po pls on Sun Jun 26, 2011 8:25 am

stashracer


Arresto Menor
can art 1547, 1561 and 1566 of the civil code apply to my case po?

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8 Re: Lemon Car question-help po pls on Thu Jun 30, 2011 8:47 am

attyLLL


moderator
stash, it may do you well to go to dti and inquire. i've handled lemon car cases before, and they are very difficult. the defense is always the guarantee that they will fix it if something is broken, and I would think they exerted their best efforts to find what is wrong, but couldn't find it.

In your case, it isn't even very clear what is wrong with the car. nevertheless, you can still file a case at dti. you might get a decent settlement from them just to avoid further litigation.

i know of one successful claimant where the car company settled by buying back the vehicle, but that guy had the help of media.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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