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  1. #1
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    Default A legal question for any law people..

    Okay, so I'm not going to mention names, or anything, seeing as this company I've dealt with has made threats.

    Here goes.

    I had my car into a local body shop for insurance repairs.
    First off, they bumped me, so I had to delay a trip to visit old friends. Then, they ended up keeping my car for 3 weeks instead of 1.5 weeks as they has told me. (Dealership needing to do alignment, but dealership not being able to fit it in, and no one telling anyone what was going on. damn bmw's! haha)
    then, i got my car back, on a Friday, end of day, so they were in a rush to get everyone out, for the weekend. Got my car, it looked okay, I left.
    30 min later, getting gas, I noticed that my door moulding was coming off already. Looked closer, they re-used the clips. Girlfriend got out to look, too, and noticed that the trim around the door handle was gone, inside, and when she shut the door, the door panel inside came half off. i was irked, called, left a message, yadda yadda, manager, who had always been super nice, helped me, and ordered the parts. no big deal. but they never called me, when they came in. meanwhile, my window had fallen off it's track, the first time we rolled it down (it was winter, windows weren't needed at time of car's return)
    so, i get them to get parts for that, and etc. and they fix my moulding for me while i waited. a week later, the moulding had come off again. they had HOT GLUED it.
    finally getting the parts, i told them I would fix it, since they take too long, for anything. i take my door panel off, to find that they had actually broken the panel, not just bad clips. i had to use industrial glue. fixed the car, etc. had to actually go and buy clips for the moulding, since they had re-used to old broken ones in the initial repairs.
    all throughout this ordeal, i would call, and not get calls back. i'd leave messages, and get nothing. i even emailed them once, with the original complaints, and did't get a response, and was told they never got the email. i still have that email, and when it had been sent, with the attachements.
    recently, i found dirt in my paint. yeah. dirt. in the paint they did. i was kinda choked, and decided to send an email to their head office, seeing as the shop had not been satisfactory at all in their work, or service.

    today, i get a call from the manager of the shop, saying they got my email. (which is odd, since they never got my other one)
    anyways, he's saying that he did everything he could for me (which was true. the man was a saint through the whole ordeal) and now i made a mistake sending the email to head office, as it's defamation of character, and the legal department would now be handling it, and suing me.

    like.... wtf? it's not like i made it publicly known which shop it was, and that the work sucked. i didn't write a letter to the herald, saying that the shop was garbage. i sent a polite email saying that i wasn't happy, and wanted the head office to know about the shops work....

    i called a lawyer, and asked him and he said i was safe, the manager was just being angry, and pushing me. is this true? can i get a second opinion from someone here?

    you guys are smart.

  2. #2
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    personally I think they are BSing you so that you will go away
    Cos...

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    By "head office" I'm going to assume you're dealing with a Maaco or Boyd or the like.

    If your details are wholly accurate I'd tell them to bring it on.
    Originally posted by SJW
    Once again another useless post by JRSCOOLDUDE.
    Originally posted by snowcat
    Don't let the e-thugs and faggots get to you when they quote your posts and write stupid shit.
    Originally posted by JRSC00LUDE
    I say stupid shit all the time.

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    Sounds like a load of crap. By the sounds of it, they are trying to use the same "scare tactics" as GOFC. I think you will be fine.
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    Lol dude, take your lawyer's word over anyone on this board.


    But imo, it certainly sounds like he was just upset cuz I'm sure he's getting shit from head office.

    That sounds absolutely ridiculous that you could possibly get sued for complaining to HIS boss about their work haha. Like you said, you didn't defame him, you simply let it be known to the company that you are unsatisfied with their customer service.

    And you have proof to back it up. Defaming character requires that you are lying about what you said (at least that's what I remember from law class in high school hahaha)

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    Originally posted by The Cosworth
    personally I think they are BSing you so that you will go away
    that's what i figured. i just wanted head office to know the quality.

    the manager told me that by putting the pictures on the internet (i assume he means emailing) that i did defamation of characer.

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    Originally posted by anarchy
    Lol dude, take your lawyer's word over anyone on this board.


    But imo, it certainly sounds like he was just upset cuz I'm sure he's getting shit from head office.

    That sounds absolutely ridiculous that you could possibly get sued for complaining to HIS boss about their work haha. Like you said, you didn't defame him, you simply let it be known to the company that you are unsatisfied with their customer service.

    And you have proof to back it up. Defaming character requires that you are lying about what you said (at least that's what I remember from law class in high school hahaha)

    i thought so too! haha. i dont have a lawyer myself, but the one i called said that the guy was being upset.

    i have proof in my hotmail of sent emails on 2 seperate occasions, and they said they didn't get them at all. this one, they did tho.... came forwarded from head office.

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    Contact the insurance company that is handling the claim. They will reinspect and hold payment for the work until it is completed properly.
    Originally posted by TomcoPDR


    Wait. Tom, THE Tom?
    Originally posted by Rusted Bumper
    As far as I can tell, tom_9109 has the most detailed and correct answer

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    Did they threaten you with a class-action lawsuit?
    In reference to Rob Anders:
    Originally posted by ZenOps
    Hes not really that bad...

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    I would send another email/call to head office and tell them that he threatened you with a lawsuit for sending complaints to them. Suggest that many other legitimate complaints may not be received because he is threatening to sue people.

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    ^ do that if you want results.
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    ^^^ I agree.

    Complaining about shoddy work does not constitute defimation or libel.

    Here is a link with what is classed as Defimation, slander and libel and some common defences.
    http://www.canadianlawsite.ca/libel-...0character.htm

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    Name of company please.

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    Originally posted by Hakkola
    Name of company please.
    Gallery of Fine Autobody?
    Originally posted by SJW
    Once again another useless post by JRSCOOLDUDE.
    Originally posted by snowcat
    Don't let the e-thugs and faggots get to you when they quote your posts and write stupid shit.
    Originally posted by JRSC00LUDE
    I say stupid shit all the time.

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    defamation is only if you broadcast against that person or company in an unwarranted fashion, or as hear-say

    you had a bad experience with them first hand, so telling others about that is not illegal in any way

    after your returning there, they only made things worse i think, threatening you with legal action for following up a complaint of work done, is illegal or at the very least low-class

    at the very least you should file complaint to BBB and send a serious complaint letter in detail, of your experience to your insurance company
    Quote Originally Posted by avow
    This quote is hidden because you are ignoring this member. Show Quote
    going down the street... sideways... with the wheel cracked and me shitting myself... oh how i miss that car!

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    Agreed with Beserk and Whiley.

    Call head office, tell them that he threatened you with legal action, and file a complaint to the BBB.

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    Originally posted by tom_9109
    Contact the insurance company that is handling the claim. They will reinspect and hold payment for the work until it is completed properly.
    i tried that already, but ING never got back to me. i tried that the weekend i got the car back, as that's when shit started to go bad. (moulding, handle trim, window regulator clips)

    Originally posted by Eleanor
    Did they threaten you with a class-action lawsuit?
    haha. not quite. the funny thing is, is i didn't defame the manager at all, i said he was very helpful, and polite throughout the whole ordeal.

    Originally posted by BerserkerCatSplat
    I would send another email/call to head office and tell them that he threatened you with a lawsuit for sending complaints to them. Suggest that many other legitimate complaints may not be received because he is threatening to sue people.
    i think i'm going to call them. an email to them would just get sent to the shop again, and he'd have another tough-guy-to-my-voicemail call

    Originally posted by cet
    ^^^ I agree.

    Complaining about shoddy work does not constitute defimation or libel.

    Here is a link with what is classed as Defimation, slander and libel and some common defences.
    http://www.canadianlawsite.ca/libel-...0character.htm
    that's exactly what the second lawyer said. i did get shoddy work. every bit of it. i mean.... 3 weeks to replace an outter door panel, and a fender?

    Originally posted by Hakkola
    Name of company please.
    can i actually give the name of the company without it being defamation? it's been mentioned already, by JRSC00LUDE.


    Originally posted by Whiley
    defamation is only if you broadcast against that person or company in an unwarranted fashion, or as hear-say

    you had a bad experience with them first hand, so telling others about that is not illegal in any way

    after your returning there, they only made things worse i think, threatening you with legal action for following up a complaint of work done, is illegal or at the very least low-class

    at the very least you should file complaint to BBB and send a serious complaint letter in detail, of your experience to your insurance company
    i'm going to the BBB. i didn't even think of that. it's gonna take me a few days to come up with a letter tho. i wanna put some serious thought into it, and make it very formal.


    One thing I really wanted to say to them was:

    "Y'know... if I wanted it done wrong, I'd have done it myself"

    but... I'm pretty sure that woulda made them angrier... hahaha
    thanks guys. i love this forum.

  18. #18
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    Originally posted by JRSC00LUDE


    Gallery of Fine Autobody?

    Originally posted by GardenBeast


    can i actually give the name of the company without it being defamation? it's been mentioned already, by JRSC00LUDE.
    no way...

    http://www.beyond.ca/gallery-of-fine...ondca/186.html
    sig deleted by moderator, because they are useless

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    Originally posted by finboy





    no way...

    http://www.beyond.ca/gallery-of-fine...ondca/186.html

    no no no. haha. he mentioned Maaco and Boyd. it's one of those two.

  20. #20
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    my money is on maaco

    which location?


    because you are giving first hand testimony to the manner of people there and workmanship, it is in no way against you
    after all, thats why we have free speech

    if you were posting about your buddies experience with them, it would be then hear-say
    Last edited by Whiley; 07-08-2008 at 05:11 PM.
    Quote Originally Posted by avow
    This quote is hidden because you are ignoring this member. Show Quote
    going down the street... sideways... with the wheel cracked and me shitting myself... oh how i miss that car!

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