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Old 06.11.2015, 20:05
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I got screwed - need a contract lawyer

I bought a car for X amount of money and included in the price was a 12 month bumper to bumper guarantee.

A few weeks later the actual guarantee arrives and it is not bumper to bumper, it is more like that tiny little part in the engine that never goes wrong guarantee.

Soon after I bought the car it had problems and I took it to the experts and they fixed it. It cost CHF 4000.00

Garage that sold me the car does not want to pay and are giving me the runaround.

Contract with garage states bumper to bumper guarantee. The Garage outsources the guarantee and the outsourced insurance company issued a much more limited guarantee than was promised (and is documented) by the garage. Where is the liability? I am confused.

So I need a lawyer.
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Old 06.11.2015, 20:10
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Re: I got screwed - need a contract lawyer

If the contract is with the garage I'd say it's them you need to chase. They're the ones advertising a bumper to bumper guarantee, not the insurance company they farm the business out to. They can argue amongst themselves later over who made the cockup.
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Old 06.11.2015, 20:19
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Re: I got screwed - need a contract lawyer

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If the contract is with the garage I'd say it's them you need to chase. They're the ones advertising a bumper to bumper guarantee, not the insurance company they farm the business out to. They can argue amongst themselves later over who made the cockup.
Assuming, of course, that the contract does say what you think it does. I've seen more than a few people rely on poor English translations when only the local language contract (the signed one) is actually valid.
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Old 06.11.2015, 20:32
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Re: I got screwed - need a contract lawyer

Did you discuss the issues with the garage and give them a chance to repair themselves- or did you go straight to the 'experts' without discussing it with the garage first and just present them/insurance with the bill. It's possible that the contract stipulated they would guarantee 'bumper to bumper' (doign the work temselves) but that only the engine part you mention was guaranteed by exisiting guarantee?

If you didn't discuss it with the garage and give them a chance to fix- I think you probably have not much of a leg to stand on. Are you a member of the TCS?

Can you copy the contract here?
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Old 06.11.2015, 20:44
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Re: I got screwed - need a contract lawyer

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Did you discuss the issues with the garage and give them a chance to repair themselves- or did you go straight to the 'experts' without discussing it with the garage first and just present them/insurance with the bill.
I asked "If I have any problems, should I come to you first". Garage says "No, go to whatever garage you want, car is 100%". I went to the experts and car was not 100% and the guarantee was a lie.

I need a lawyer. Anyone know any good ones?
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Old 06.11.2015, 21:50
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Re: I got screwed - need a contract lawyer

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I asked "If I have any problems, should I come to you first". Garage says "No, go to whatever garage you want, car is 100%". I went to the experts and car was not 100% and the guarantee was a lie.

I need a lawyer. Anyone know any good ones?
I should try and discuss it first, we all know you love your Ferrari, maybe your idea and their ideas of "bumper to bumper" are a little different ?

If you go in all guns blazing , lawyers etc, you have used all your ammunition in one go, try dialogue first, usually works quite well, just stand your ground, politely
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Old 06.11.2015, 22:16
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Re: I got screwed - need a contract lawyer

Perhaps be a bit more specific with your next car and tell that you want to get laid instead of getting screwed
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Old 09.11.2015, 09:13
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Re: I got screwed - need a contract lawyer

What has required fixed?
What warranty do you have?

There are usually multiple levels of cover and you'll need to double check what is in the contract and what you have received - if the contract says for example Quality1 5* and you have Quality1 4* you'll have a case - if not you may well throw good money after bad.
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Old 09.11.2015, 09:32
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Re: I got screwed - need a contract lawyer

I got screwed too...............wife was in good mood last night
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Old 09.11.2015, 09:35
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Re: I got screwed - need a contract lawyer

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I got screwed too...............wife was in good mood last night
Singleton or twins?
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Old 09.11.2015, 10:36
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Re: I got screwed - need a contract lawyer

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Singleton or twins?
Ferrari, it was quickly done
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Old 09.11.2015, 16:16
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Re: I got screwed - need a contract lawyer

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Ferrari, it was quickly done
So your penis overheated and caught fire at the base too?

OP, sorry for the derail, I couldn't resist

Seriously though, while I have nothing of worth to contribute unfortunately, I do sincerely hope that you can get your predicament amicably sorted. It sounds like the generic "getting hosed by the system", where the "system" is a vague group of individuals and organizations all blaming someone else for the issue.

Perhaps the garage in question would be happy to split the costs at least?
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Old 09.11.2015, 17:25
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Re: I got screwed - need a contract lawyer

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Contract with garage states bumper to bumper guarantee.
Just out of curiosity, I would like to see exactly how this was defined in the contract. Is "Bumper to Bumper" simply a brand name of an insurance product from a specific company ? A car I bought from a garage a few years back had a "100% Guarantee". However, if you looked into the details, you discovered this did not mean that everything was covered, it was simply a brand name of an insurance product which covered specific engine and transmission components.
Anyway, if you bought an expensive car from garage X, and then discovered soon after that it required expensive remedial work, it may have been better to have contacted garage X and had the first discussion there before involving an expensive "expert".
It is well known, anyway, that insurance companies generally (and this is not restricted to car insurance cover, it could be house contents, travel, medical etc.) are good at finding ways to avoid providing compensation for an incident and it is always better to check first that a particular contingency is covered, before authorising any works.
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Old 09.11.2015, 17:36
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Re: I got screwed - need a contract lawyer

I've got a good lawyer. Swiss local. Zurich based. Speaks fluent English due to time studying in Australia.

Message me and I will give you her number.

Regards
Pos
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Old 09.11.2015, 19:23
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Re: I got screwed - need a contract lawyer

If the contract with the garage explicitly states that you have "bumper to bumper" guarantee and doesn't in fact go on to point at the insurance company as providing the guarantee (thereby subjecting the guarantee to the T & C's of the insurance company), then the garage must pay.

If there is any evidence in the contract that the "bumper to bumper" guarantee is as provided by the insurance company then you're stuck with the "crappy" insurance.

Without reading your contract to know the exact terminology I cannot tell you. But I have seen many contracts where there is a clause pointing to the guarantee being as provided by insurance company x..
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Old 09.11.2015, 19:29
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Re: I got screwed - need a contract lawyer

Again. without you posting the guarantee here- how can we possibly know who is 'right'?
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Old 09.11.2015, 20:15
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Re: I got screwed - need a contract lawyer

I had a VW I bought in the UK with a similar warranty and basically every part was replaced on the car, including things not covered because they gave me the same BS lie that it was "bumper to bumper" for me it was the garage at fault.

Hope you get it sorted, I've had 2 lemons and neither where easy to sort out.
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Old 09.11.2015, 21:08
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Re: I got screwed - need a contract lawyer

Talked to my insurance company today and sent them a copy of the contract. My insurance covers legal cost, but as the contract was signed before I actually took out the insurance I am not covered for this particular legal cost.

Out of courtesy the guy at AXA reviewed the details and said it is clear the garage is responsible, as the contract states "12 month SuisseFox 2 guarantee" (motor, transmission, axle, power divider, drive line, fuel system, brake system, steering, suspension, cooling system, air conditioning, electrical system). What I got was the most basic guarantee possible, and the guys at the shop that fixed the car said the guarantee was laughable, as it covered next to nothing (I had them call SuisseFox).

A wheel bearing failed, and a bit later a valve in the engine.

I have tried to work this out with the garage where I bought the car, but just get the run around.

Apart from the two issues the car is great, and I don't understand how stupid the garage is. I was a potential repeat customer. The car cost CHF 75K - I paid top chuffs because of the guarantee! Now they have very unhappy customer on their hands, who is on the verge of naming and shaming them.

I am not too bothered about not having the legal cost insurance, as I assume the garage will have to pay my legal fees in addition to the repair cost.

So, I need to find a lawyer who specializes in contractual law (I assume).
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Old 09.11.2015, 21:25
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Re: I got screwed - need a contract lawyer

For the thread voyeurs who one day will be faced with the prospect of buying a second hand car from a garage, what would you do differently next time?
Is there a way to get the SuisseFox policy electronically on the day of purchase?
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Old 09.11.2015, 21:42
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Re: I got screwed - need a contract lawyer

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For the thread voyeurs who one day will be faced with the prospect of buying a second hand car from a garage, what would you do differently next time?
Is there a way to get the SuisseFox policy electronically on the day of purchase?
Perhaps I should have waited for the confirmation from SuisseFox. I did get the garage to put the exact guarantee on the contract - and the sales guy genuinely expected SwissFox to issue this guarantee. I do not believe he was being malicious.
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