Consumers - Fight Back!


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DesiTiger   
Member since: Aug 03
Posts: 1205
Location: Mississauga

Post ID: #PID Posted on: 19-01-08 13:14:38

Fellow Cds,

I've personally had it with businesses in Canada treating me like sh*t, charging me sky high prices and then shafting me anyway.

I've decided to fight back.

Here is a list of my ongoing battles:

1. Mercedes Benz Canada Inc. - Refused to fix my car under warranty - claimed the problem was something completely different (and ofcourse not covered under warranty) and would cost in excess of 5K.

Independent inspections by Active Green & Ross & Mercedes dealership in Oakville confirmed that the problem had nothing to do with the laundy list given to me by MB Canada. they also confirmed that the repairs SHOULD be covered under warranty.

MB Canada refused to take inspections from AGR & MBO under consideration.

Status: I sued them in Small Claims court in November 2007. I WON the case. Mercedes Benz Canada refunded me repair costs plus court costs.

2. Canadian Fine Motors - Sold me a 2004 BMW with two keys, one of which was infact for another car. According to CFM, they never "promised me a second key for the car" and I should spend another $250 and get a new key from BMW.

Status: Case filed in Small Claims court pending settlement hearing.

3. Fido - My contract with Fido ended in Nov 07 and I ported my service to Telus in the same month. They still charged me for service for the month of December!! Their reasoning - I should've have given THEM a 30 day notice to cancel my service.

Status: I have sent a letter to the Legal department at Fido advising them that unless I get a full refund by Feb 15th, they are next on my list for an audience with a small claims court judge.
**UPDATE Jan 24 2007** Fido called to say that they will refund me the money :cheers:

Note:- I have so far sued (and won) 5 cases in small claims court, including Mercedes Benz Canada.

Bottomline, SMC is your avenue to fight back against businesses who think they can get away with shafting ordinary consumers.

I am willing to provide guidance to any CD who has had similar experiences in the past and would like to explore the Small Claims court route. The process is inexpensive, a lawyer is not required (and not needed if your case has merit) and is your one chance to fight back.

let us know your story and I'll do my best to evaluate the merit of your case in small claims court.

Cheers & Fight On!

DT

MODS: If I have posted this in the wrong section, I apologize.


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amit kalia   
Member since: Nov 03
Posts: 434
Location: Mississauga

Post ID: #PID Posted on: 19-01-08 17:22:52

You are right, many big companies intimidate consumers. I had a similar situation with a resale auto dealer who sold me a car with only one key. The extra key costs $250.00 or more.

The time and the cost of going to small claims court may not be worth the above amount. :)

The other day, one cell phone co. dealer (so called corporate account) at my work offered to upgrade my phone for some $99.00. Later, I was shocked to see an invoice for $250.00. Luckily, I had his email confirming the lower price. The phone company has now promised to offer a refund.

The list goes on...

You go to fight for your right!


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sudesingh   
Member since: Jul 04
Posts: 2085
Location: Toronto

Post ID: #PID Posted on: 19-01-08 17:30:35

DT,

You seem to become a pro at this. May be you could start a small business :D

But I agree with you, we shouldn't let the guys pull a fast one on us.

I had a similar experience with G3 Telecom today - and this is for anyone who's with G3.

Starting January 1, 2008, their rates for cellular calls to India changed from 9.9c to 7.9c for auto prepaid accounts. On January 18th, I made a call to a cell fone in India. I was charged at 9.9c. When I called the CSR, I was told that my account was signed up on the old rate. I HAVE TO ASK them to transfer me to the new rate (ya right). So now that I called my rate plan was changed BUT they are NOT willing to give me a refund for call made between Jan 1 and Jan 19th. The CSR told me that it is not documented - that I need to call to ask them to change the rate - so how would I know. I asked for a Manager to call be back. In the next day or so, I'll fing out if they're willing to refund me 10c + tax or should I take take them to Small Causes Court :D



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alexm   
Member since: Jun 05
Posts: 419
Location:

Post ID: #PID Posted on: 19-01-08 18:03:59

DT,

Very encouraging to read of your personal experience. Great to see we have an empowered consumer among us!

Do let us know the outcome of the Fido case.

Another pet peeve of mine is Rogers, Bell, Fido etc. charging us IN ADVANCE of the services they actually provide.



DesiTiger   
Member since: Aug 03
Posts: 1205
Location: Mississauga

Post ID: #PID Posted on: 19-01-08 18:20:31

Quote:
Originally posted by amit kalia

You are right, many big companies intimidate consumers. I had a similar situation with a resale auto dealer who sold me a car with only one key. The extra key costs $250.00 or more.

The time and the cost of going to small claims court may not be worth the above amount. :)




Hi Amit,

This is exactly the reason why the car dealer will settle out of court. They'd rather pay me the $250 (or get a key made at dealer rate) than having to pay me the additional court costs as well.

If your case has merit, you can be fairly confident that the defendant will try and settle before the case goes to trial.


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investpro   
Member since: Nov 06
Posts: 1628
Location: carl sagan's universe

Post ID: #PID Posted on: 19-01-08 23:10:47

Time involved in SCC is too taxing even for $5,000

I have resolved all my gripes by writing letters to onyourside at The Star.

Ellen Roseman is in charge of the dept.

Till date all my complaints have been resolved toot suite as soon as she calls up the company that I complain about.

Complaints about Rogers, Fido, car companies, Future Shop, you name it, all been resolved by a simple email to Ellen Roseman.

Try it.



DesiTiger   
Member since: Aug 03
Posts: 1205
Location: Mississauga

Post ID: #PID Posted on: 20-01-08 03:15:36

Quote:
Originally posted by investpro

Time involved in SCC is too taxing even for $5,000



Really? Have you ever sued anybody in SCC before? Let's take a look at what is involved:

1. Filling Out Plaintiff's claim - 15-30 minutes.
2. Mail application to Small Claims court - Cost $75 + mailing fees
3. Attend Settlement hearing - varies, usually 2-3 hours
4. If other party doesn't want to settle, attend trial - 1 Full day.

7 out 10 times, if your case has merit, the defendant will want to settle. I'm curious as to how many people would find 3-4 hours of work "too taxing" to recover their money. FYI, the SCC can be used to sue for amounts upto $10000.

Quote:
Originally posted by investpro

I have resolved all my gripes by writing letters to onyourside at The Star.

Ellen Roseman is in charge of the dept.

Till date all my complaints have been resolved toot suite as soon as she calls up the company that I complain about.

Complaints about Rogers, Fido, car companies, Future Shop, you name it, all been resolved by a simple email to Ellen Roseman.

Try it.




Ellen's efforts are truely remarkable, however she is one person trying to make a difference. She can't possibely go after every single business she recieves a complaint about (infact from the comments on her website, she seems to prefer the bigger guys like Rogers, Bell, Future Shop etc.) Also, it'll still be upto the business whether they want to resolve the issue with you or not.

Small Claims court enables you to take the fight right to their doorstep AND teach them a lesson for the future.


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Microsoft - Which end of the stick do you want today?




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