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#1 |
Join Date: Dec 2012
Location: NC
Posts: 1,783
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Today was the pre-appeal arbitration. Arbitrator overturned the lower court ruling.
You might recall I won the small claim hearing. I sued for $5k (the max allowed under NC law for small claims). The shop had even owned up during proceedings to all the shortcomings. I was concerned only that the arbitrator would say to give the shop another chance to fix the car. They had already had it 3 times between October and January, and I wasn't fond of that idea. He gave no indication that I had a weak case, although he asked why I wanted $5k. I re-iterated that ALL parts DON'T work, or don't work PROPERLY, with full documentation, photos, etc., and I had additional problems that didn't exist before. So I wanted $5k of the $8500. He said neither party should collect (they weren't asking for ANYthing). HUH? No opinion was given. I guess that's why he's called an arbitrary-traitor. Defendant knows it ain't over tho'... After the hearing, he called after me, and said bring the car back in. I asked if I could be there for work, HANDS ON. He said ok. I'll still file notice that I'm not satisfied with the arbitrator's coin-flip decision, then it's on to Civil District Court for the small claim appeal hearing. Unless the shop can get it right in the meantime. Thoughts? Opinions? |
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#2 |
![]() Join Date: Sep 2012
Location: Rockwall, Tx
Posts: 1,504
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I think that's a class move giving them one more opportunity to get it right. In the end it will be obvious that you went out of your way to give them that opportunity. Bottom line is, it's already broken. They can't really make it worse and maybe they can fix it.
__________________
_________________ 1994 AB/Grey #141 430 RWHP/392 RWTQ FBI Lyposuction / Secondaries relieved of duty / SW Long Tube Headers / Corsa Exhaust / FIC SS Injectors / MSD Coils / Lightweight Pulleys / Corey tuned B & M Shifter / Aluminum Flywheel / Samco Hoses / Shelby Series One's / C4 No Flex Frame Stiffener BBC - Bling By Carter: Custom ZR-1 Center Caps / Custom Plenum Plate / Air Box Knobs / TB Cover / Oil Filter Cover |
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#3 |
Join Date: Dec 2012
Location: NC
Posts: 1,783
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Thanks there Sir...
I really want to get the car under Pete's wrench - and I may still; even with me 'hands on', as we've agreed, there's other un-related items for which I need SPECIFIC guidance. Nothing I cannot do myself, but experience with this mill will save time. So they called later this afternoon; it will be up there on the 20th. I'm gonna' get a room up there, and do all 8 hours for 2-3 days. - holding my breath here - |
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#4 |
![]() Join Date: Sep 2012
Location: Rockwall, Tx
Posts: 1,504
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Good luck. Keep us posted.
__________________
_________________ 1994 AB/Grey #141 430 RWHP/392 RWTQ FBI Lyposuction / Secondaries relieved of duty / SW Long Tube Headers / Corsa Exhaust / FIC SS Injectors / MSD Coils / Lightweight Pulleys / Corey tuned B & M Shifter / Aluminum Flywheel / Samco Hoses / Shelby Series One's / C4 No Flex Frame Stiffener BBC - Bling By Carter: Custom ZR-1 Center Caps / Custom Plenum Plate / Air Box Knobs / TB Cover / Oil Filter Cover |
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