Re: XG350 hesitation
 

I am suing under a lemon law. I setup the lawsuit with my attorney as
follows: if I win I get my money back and Hyundai pays my lawyer fees
and all court costs (my attorney felt I had a good enough case that he
took it under these conditions). If I lose in court it costs me
nothing, my attorney absorbs all his fees.

If I lose the case I will trade the vehicle in on a new car from a
different manufacturer.

Mind you, I don't hate Hyundai. Any manufacturer can make a bad car
(look at Mercedes). I just wanted them to own up to the defect and
make good on it which they refused to do even after the defect was
proved to them.

I have since found out Hyundai and Honda both fight tooth and nail in
court to NEVER give back money on defective cars. Toyota and a few
other manufacturers work with you to resolve the case before it ever
reaches court.


On Thu, 20 Apr 2006 00:12:40 GMT, Matt Whiting <whiting@epix.net>
wrote:

>kr wrote:
>> And what would you suggest I do Matt?
>>
>> After repeated attempts by Hyundai to fix my car I entered into
>> discussion directly with Hyundai.
>>
>> Hyundai asked what I wanted. I told them I wanted my car fixed. They
>> said they would continue to try to fix it for as long as it took to do
>> so. I asked how long was acceptable? Weeks? Months? Years? How many
>> attempts? 3? 5? 10? 100? They would not make any promises. They
>> refused to replace the car with another or return my money despite
>> repeated repair attempts with no results and the problem still there.
>>
>> After months of patience I contacted an attorney.
>>
>> Tell me oh wise one what you would do so that I may gain from your
>> immeasurable wisdom.
>
>Well, having been involved with one lawsuit in my life (and it'll be my
>last), I can tell you that you will be better off trading the vehicle
>back to the dealer for one that you like better. Or trade for a
>different brand. Sure, you'll lose a little on the trade, but I'll bet
>you'll lose a lot less than what you'll spend on legal fees.
>
>I sued, in small claims court, a repair shop who botched a ring and
>pinion swap on my 4x4. I sued them for about $1500. They came to court
>with a lawyer and I didn't (not supposed to need one in small claims
>court, right?). I still won a small judgement of $300, basically, what
>it cost to get it fixed correctly by a Chevy dealer, but I didn't get
>back anything that I'd paid the original shop (They quoted me $1000 for
>the job and then charged me $2000).
>
>However, what happened next shows you how the legal system and lawyers
>work. The repair shop owner and his lawyer were livid that they lost
>against a lowly citizen. So, they went to the Chevy garage and talked
>to their mechanic. I'd written in my statement that in addition to
>making loads of noise and running very hot, the rear differential had a
>slight oil leak (which it did). When they asked the Chevy mechanic
>about the leak, he said he didn't remember seeing a leak and by then the
>vehicle had been repaired, including a new pinion seal, so there was no
>evidence of a leak. This was totally unrelated to the essence of the
>claim, but the lawyer went back to the small claims justice, said I'd
>lied in my statement, and convined the justive to file perjury charges
>against me! This is a fairly serious offense which can bring jail time.
> The lawyer knew full well I hadn't lied, but she also knew that I'd
>now HAVE to hire a lawyer to defend myself in county court against this
>charge. I ended up spending $3000 to get the perjury charge dismissed.
>
>You do the math. Tell me who won...
>
>Don't believe me though, forge ahead with your lawsuit, but let us know
>at the end what the final accounting is. :-)
>
>In my opinion, the best thing to do in a case like this is what I did
>when Honda screwed me over on an Accord 22 years ago. Never buy another
>product from the company, and tell everyone you come across about your
>experience. If Honda had treated me right, I'd have purchased at least
>four more new Honda's in the intervening two decades. And I know that
>I've personally convince at least two other people to not buy a Honda.
>That has cost Honda more than any suit I could have filed and has cost
>me virtually nothing.
>
>Matt

Re: XG350 hesitation
 

I am suing under a lemon law. I setup the lawsuit with my attorney as
follows: if I win I get my money back and Hyundai pays my lawyer fees
and all court costs (my attorney felt I had a good enough case that he
took it under these conditions). If I lose in court it costs me
nothing, my attorney absorbs all his fees.

If I lose the case I will trade the vehicle in on a new car from a
different manufacturer.

Mind you, I don't hate Hyundai. Any manufacturer can make a bad car
(look at Mercedes). I just wanted them to own up to the defect and
make good on it which they refused to do even after the defect was
proved to them.

I have since found out Hyundai and Honda both fight tooth and nail in
court to NEVER give back money on defective cars. Toyota and a few
other manufacturers work with you to resolve the case before it ever
reaches court.


On Thu, 20 Apr 2006 00:12:40 GMT, Matt Whiting <whiting@epix.net>
wrote:

>kr wrote:
>> And what would you suggest I do Matt?
>>
>> After repeated attempts by Hyundai to fix my car I entered into
>> discussion directly with Hyundai.
>>
>> Hyundai asked what I wanted. I told them I wanted my car fixed. They
>> said they would continue to try to fix it for as long as it took to do
>> so. I asked how long was acceptable? Weeks? Months? Years? How many
>> attempts? 3? 5? 10? 100? They would not make any promises. They
>> refused to replace the car with another or return my money despite
>> repeated repair attempts with no results and the problem still there.
>>
>> After months of patience I contacted an attorney.
>>
>> Tell me oh wise one what you would do so that I may gain from your
>> immeasurable wisdom.
>
>Well, having been involved with one lawsuit in my life (and it'll be my
>last), I can tell you that you will be better off trading the vehicle
>back to the dealer for one that you like better. Or trade for a
>different brand. Sure, you'll lose a little on the trade, but I'll bet
>you'll lose a lot less than what you'll spend on legal fees.
>
>I sued, in small claims court, a repair shop who botched a ring and
>pinion swap on my 4x4. I sued them for about $1500. They came to court
>with a lawyer and I didn't (not supposed to need one in small claims
>court, right?). I still won a small judgement of $300, basically, what
>it cost to get it fixed correctly by a Chevy dealer, but I didn't get
>back anything that I'd paid the original shop (They quoted me $1000 for
>the job and then charged me $2000).
>
>However, what happened next shows you how the legal system and lawyers
>work. The repair shop owner and his lawyer were livid that they lost
>against a lowly citizen. So, they went to the Chevy garage and talked
>to their mechanic. I'd written in my statement that in addition to
>making loads of noise and running very hot, the rear differential had a
>slight oil leak (which it did). When they asked the Chevy mechanic
>about the leak, he said he didn't remember seeing a leak and by then the
>vehicle had been repaired, including a new pinion seal, so there was no
>evidence of a leak. This was totally unrelated to the essence of the
>claim, but the lawyer went back to the small claims justice, said I'd
>lied in my statement, and convined the justive to file perjury charges
>against me! This is a fairly serious offense which can bring jail time.
> The lawyer knew full well I hadn't lied, but she also knew that I'd
>now HAVE to hire a lawyer to defend myself in county court against this
>charge. I ended up spending $3000 to get the perjury charge dismissed.
>
>You do the math. Tell me who won...
>
>Don't believe me though, forge ahead with your lawsuit, but let us know
>at the end what the final accounting is. :-)
>
>In my opinion, the best thing to do in a case like this is what I did
>when Honda screwed me over on an Accord 22 years ago. Never buy another
>product from the company, and tell everyone you come across about your
>experience. If Honda had treated me right, I'd have purchased at least
>four more new Honda's in the intervening two decades. And I know that
>I've personally convince at least two other people to not buy a Honda.
>That has cost Honda more than any suit I could have filed and has cost
>me virtually nothing.
>
>Matt

Re: XG350 hesitation
 

I am suing under a lemon law. I setup the lawsuit with my attorney as
follows: if I win I get my money back and Hyundai pays my lawyer fees
and all court costs (my attorney felt I had a good enough case that he
took it under these conditions). If I lose in court it costs me
nothing, my attorney absorbs all his fees.

If I lose the case I will trade the vehicle in on a new car from a
different manufacturer.

Mind you, I don't hate Hyundai. Any manufacturer can make a bad car
(look at Mercedes). I just wanted them to own up to the defect and
make good on it which they refused to do even after the defect was
proved to them.

I have since found out Hyundai and Honda both fight tooth and nail in
court to NEVER give back money on defective cars. Toyota and a few
other manufacturers work with you to resolve the case before it ever
reaches court.


On Thu, 20 Apr 2006 00:12:40 GMT, Matt Whiting <whiting@epix.net>
wrote:

>kr wrote:
>> And what would you suggest I do Matt?
>>
>> After repeated attempts by Hyundai to fix my car I entered into
>> discussion directly with Hyundai.
>>
>> Hyundai asked what I wanted. I told them I wanted my car fixed. They
>> said they would continue to try to fix it for as long as it took to do
>> so. I asked how long was acceptable? Weeks? Months? Years? How many
>> attempts? 3? 5? 10? 100? They would not make any promises. They
>> refused to replace the car with another or return my money despite
>> repeated repair attempts with no results and the problem still there.
>>
>> After months of patience I contacted an attorney.
>>
>> Tell me oh wise one what you would do so that I may gain from your
>> immeasurable wisdom.
>
>Well, having been involved with one lawsuit in my life (and it'll be my
>last), I can tell you that you will be better off trading the vehicle
>back to the dealer for one that you like better. Or trade for a
>different brand. Sure, you'll lose a little on the trade, but I'll bet
>you'll lose a lot less than what you'll spend on legal fees.
>
>I sued, in small claims court, a repair shop who botched a ring and
>pinion swap on my 4x4. I sued them for about $1500. They came to court
>with a lawyer and I didn't (not supposed to need one in small claims
>court, right?). I still won a small judgement of $300, basically, what
>it cost to get it fixed correctly by a Chevy dealer, but I didn't get
>back anything that I'd paid the original shop (They quoted me $1000 for
>the job and then charged me $2000).
>
>However, what happened next shows you how the legal system and lawyers
>work. The repair shop owner and his lawyer were livid that they lost
>against a lowly citizen. So, they went to the Chevy garage and talked
>to their mechanic. I'd written in my statement that in addition to
>making loads of noise and running very hot, the rear differential had a
>slight oil leak (which it did). When they asked the Chevy mechanic
>about the leak, he said he didn't remember seeing a leak and by then the
>vehicle had been repaired, including a new pinion seal, so there was no
>evidence of a leak. This was totally unrelated to the essence of the
>claim, but the lawyer went back to the small claims justice, said I'd
>lied in my statement, and convined the justive to file perjury charges
>against me! This is a fairly serious offense which can bring jail time.
> The lawyer knew full well I hadn't lied, but she also knew that I'd
>now HAVE to hire a lawyer to defend myself in county court against this
>charge. I ended up spending $3000 to get the perjury charge dismissed.
>
>You do the math. Tell me who won...
>
>Don't believe me though, forge ahead with your lawsuit, but let us know
>at the end what the final accounting is. :-)
>
>In my opinion, the best thing to do in a case like this is what I did
>when Honda screwed me over on an Accord 22 years ago. Never buy another
>product from the company, and tell everyone you come across about your
>experience. If Honda had treated me right, I'd have purchased at least
>four more new Honda's in the intervening two decades. And I know that
>I've personally convince at least two other people to not buy a Honda.
>That has cost Honda more than any suit I could have filed and has cost
>me virtually nothing.
>
>Matt

Re: XG350 hesitation
 

kr wrote:

> I am suing under a lemon law. I setup the lawsuit with my attorney as
> follows: if I win I get my money back and Hyundai pays my lawyer fees
> and all court costs (my attorney felt I had a good enough case that he
> took it under these conditions). If I lose in court it costs me
> nothing, my attorney absorbs all his fees.
>
> If I lose the case I will trade the vehicle in on a new car from a
> different manufacturer.
>
> Mind you, I don't hate Hyundai. Any manufacturer can make a bad car
> (look at Mercedes). I just wanted them to own up to the defect and
> make good on it which they refused to do even after the defect was
> proved to them.
>
> I have since found out Hyundai and Honda both fight tooth and nail in
> court to NEVER give back money on defective cars. Toyota and a few
> other manufacturers work with you to resolve the case before it ever
> reaches court.

Well, I never tried to sue Honda, but I had a lemon 84 Accord that they
certainly wouldn't stand behind. That was my first and last Honda.
There are simply too many options available nowadays to buy from any
company that won't stand behind their products. Personally, I think not
buying their products is far more effective then suing them, but YMMV.
I'll be really surprised if your lawyer keeps this case on the basis you
describe above after several weeks of time and several appeals.

Good luck!

Matt

Re: XG350 hesitation
 

kr wrote:

> I am suing under a lemon law. I setup the lawsuit with my attorney as
> follows: if I win I get my money back and Hyundai pays my lawyer fees
> and all court costs (my attorney felt I had a good enough case that he
> took it under these conditions). If I lose in court it costs me
> nothing, my attorney absorbs all his fees.
>
> If I lose the case I will trade the vehicle in on a new car from a
> different manufacturer.
>
> Mind you, I don't hate Hyundai. Any manufacturer can make a bad car
> (look at Mercedes). I just wanted them to own up to the defect and
> make good on it which they refused to do even after the defect was
> proved to them.
>
> I have since found out Hyundai and Honda both fight tooth and nail in
> court to NEVER give back money on defective cars. Toyota and a few
> other manufacturers work with you to resolve the case before it ever
> reaches court.

Well, I never tried to sue Honda, but I had a lemon 84 Accord that they
certainly wouldn't stand behind. That was my first and last Honda.
There are simply too many options available nowadays to buy from any
company that won't stand behind their products. Personally, I think not
buying their products is far more effective then suing them, but YMMV.
I'll be really surprised if your lawyer keeps this case on the basis you
describe above after several weeks of time and several appeals.

Good luck!

Matt

Re: XG350 hesitation
 

kr wrote:

> I am suing under a lemon law. I setup the lawsuit with my attorney as
> follows: if I win I get my money back and Hyundai pays my lawyer fees
> and all court costs (my attorney felt I had a good enough case that he
> took it under these conditions). If I lose in court it costs me
> nothing, my attorney absorbs all his fees.
>
> If I lose the case I will trade the vehicle in on a new car from a
> different manufacturer.
>
> Mind you, I don't hate Hyundai. Any manufacturer can make a bad car
> (look at Mercedes). I just wanted them to own up to the defect and
> make good on it which they refused to do even after the defect was
> proved to them.
>
> I have since found out Hyundai and Honda both fight tooth and nail in
> court to NEVER give back money on defective cars. Toyota and a few
> other manufacturers work with you to resolve the case before it ever
> reaches court.

Well, I never tried to sue Honda, but I had a lemon 84 Accord that they
certainly wouldn't stand behind. That was my first and last Honda.
There are simply too many options available nowadays to buy from any
company that won't stand behind their products. Personally, I think not
buying their products is far more effective then suing them, but YMMV.
I'll be really surprised if your lawyer keeps this case on the basis you
describe above after several weeks of time and several appeals.

Good luck!

Matt