COURT FINDS THAT DOWNTOWN FINE CARS CHIPPED AUDI TT
05-05-2005, 10:39 AM
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COURT FINDS THAT DOWNTOWN FINE CARS CHIPPED AUDI TT
COURT FINDS THAT DOWNTOWN FINE CARS CHIPPED AUDI TT
User account number (aid): 61779
Posted by JFK8 on 2005-05-03 08:14:13
In Reply to: Unprofessional Treatment from Downtown Fine Cars (Toronto) and Audi America's Customer Relations. posted by JFK8 on 2003-09-03 05:30:10
- Also Finds They Put Through Warranty Repairs After Chipping
I posted a message on AUDIWORLD.COM in September of 2003. In that post I complained that Downtown Fine Cars chipped my Audi TT and promised me that they would still do repairs under the warranty.
Downtown Fine Cars sued me for defamation claiming that I lied. The Judge found otherwise. (Please see link at the bottom of this thread for the complete copy of the decision by Madam Justice Klowak of the Ontario Superior Court of Justice.)http://www.geocities.com/prelude_s_97/reasons.pdf
COURT DECISION
The Ontario Superior Court of Justice has now determined that Downtown Fine Cars did chip my Audi TT. Further, the court found that they did tell me that they would honour the warranty. Downtown Fine Cars did not just make the representations; they actually put through numerous warranty repairs on my vehicle and did not tell Audi about the chipping.
In the court decision, the judge found as fact that Downtown Fine Cars told me that they would continue to treat me as though the warranty applied even after my vehicle was chipped. Based on this promise I had Downtown Fine Cars chip my Audi TT. The chipping led to many problems with engine stalling, warning lights, etc. These problems resulted in several repairs to the vehicle, all of which were made under the warranty by Downtown Fine Cars.
The problems with the vehicle started immediately after it was chipped. At one point Downtown Fine Cars even replaced the computer and then re-chipped it without my authorization (under the warranty). The problems continued until the engine broke-down and were replaced with a non-chipped engine. I had to pay for the engine replacement.
In addition, the Judge found that Downtown Fine Cars was putting through warranty work on my vehicle without disclosing to Audi that my vehicle had been chipped. DFC did this even though they knew, as the Judge found, that Audi would have voided the warranty had it been advised of the chipping.
AUDI'S RESPONSE
What is just as disturbing to me as Downtown Fine Cars' conduct is the failure of Audi AG and Audi America to do anything about it. I wrote letters to them prior to and after the lawsuit asking for their assistance and asking them to do something about Downtown Fine Cars' conduct. They did nothing.
Instead, Audi sided with Downtown Fine Cars at first accepting their bald denial that they chipped my vehicle. They did no investigation to my knowledge. Even after a court of law made findings of fact that were not appealed by Downtown Fine Cars, Audi still did nothing. Clearly, Audi did not stand behind this customer or do anything to control or police its own dealership.
The chipping that Downtown Fine Cars did to my vehicle led to months of problems eventually leading to my vehicle requiring an engine replacement. Downtown Fine Cars refused to cover this final repair charge under the warranty because, as the Judge suspected, the cost of the repair would have resulted in Audi investigating.
Downtown Fine Cars acted in an atrocious manner toward me. Audi refuses to do anything about it. Downtown Fine Cars engaged in conduct that they knew was prohibited by Audi, chipping my vehicle, telling me that my warranty would still be honoured, putting through warranty repairs without telling Audi of the chipping and then suing me for telling the truth and exposing their misconduct.
I hope my experience can benefit others out there.
http://www.geocities.com/prelude_s_97/reasons.pdf<ul><li><a href="http://www.geocities.com/prelude_s_97/reasons.pdf">http://www.geocities.com/prelude_s_97/reasons.pdf</a</li></ul>
User account number (aid): 61779
Posted by JFK8 on 2005-05-03 08:14:13
In Reply to: Unprofessional Treatment from Downtown Fine Cars (Toronto) and Audi America's Customer Relations. posted by JFK8 on 2003-09-03 05:30:10
- Also Finds They Put Through Warranty Repairs After Chipping
I posted a message on AUDIWORLD.COM in September of 2003. In that post I complained that Downtown Fine Cars chipped my Audi TT and promised me that they would still do repairs under the warranty.
Downtown Fine Cars sued me for defamation claiming that I lied. The Judge found otherwise. (Please see link at the bottom of this thread for the complete copy of the decision by Madam Justice Klowak of the Ontario Superior Court of Justice.)http://www.geocities.com/prelude_s_97/reasons.pdf
COURT DECISION
The Ontario Superior Court of Justice has now determined that Downtown Fine Cars did chip my Audi TT. Further, the court found that they did tell me that they would honour the warranty. Downtown Fine Cars did not just make the representations; they actually put through numerous warranty repairs on my vehicle and did not tell Audi about the chipping.
In the court decision, the judge found as fact that Downtown Fine Cars told me that they would continue to treat me as though the warranty applied even after my vehicle was chipped. Based on this promise I had Downtown Fine Cars chip my Audi TT. The chipping led to many problems with engine stalling, warning lights, etc. These problems resulted in several repairs to the vehicle, all of which were made under the warranty by Downtown Fine Cars.
The problems with the vehicle started immediately after it was chipped. At one point Downtown Fine Cars even replaced the computer and then re-chipped it without my authorization (under the warranty). The problems continued until the engine broke-down and were replaced with a non-chipped engine. I had to pay for the engine replacement.
In addition, the Judge found that Downtown Fine Cars was putting through warranty work on my vehicle without disclosing to Audi that my vehicle had been chipped. DFC did this even though they knew, as the Judge found, that Audi would have voided the warranty had it been advised of the chipping.
AUDI'S RESPONSE
What is just as disturbing to me as Downtown Fine Cars' conduct is the failure of Audi AG and Audi America to do anything about it. I wrote letters to them prior to and after the lawsuit asking for their assistance and asking them to do something about Downtown Fine Cars' conduct. They did nothing.
Instead, Audi sided with Downtown Fine Cars at first accepting their bald denial that they chipped my vehicle. They did no investigation to my knowledge. Even after a court of law made findings of fact that were not appealed by Downtown Fine Cars, Audi still did nothing. Clearly, Audi did not stand behind this customer or do anything to control or police its own dealership.
The chipping that Downtown Fine Cars did to my vehicle led to months of problems eventually leading to my vehicle requiring an engine replacement. Downtown Fine Cars refused to cover this final repair charge under the warranty because, as the Judge suspected, the cost of the repair would have resulted in Audi investigating.
Downtown Fine Cars acted in an atrocious manner toward me. Audi refuses to do anything about it. Downtown Fine Cars engaged in conduct that they knew was prohibited by Audi, chipping my vehicle, telling me that my warranty would still be honoured, putting through warranty repairs without telling Audi of the chipping and then suing me for telling the truth and exposing their misconduct.
I hope my experience can benefit others out there.
http://www.geocities.com/prelude_s_97/reasons.pdf<ul><li><a href="http://www.geocities.com/prelude_s_97/reasons.pdf">http://www.geocities.com/prelude_s_97/reasons.pdf</a</li></ul>
05-05-2005, 12:45 PM
#6
AudiWorld Senior Member
Uh, not according to the transcript...
...Downtown Fine Cars refused to cover this final repair charge under the warranty because, as the Judge suspected, the cost of the repair would have resulted in Audi investigating...
Page 6: Had the evidence persuaded me on the balance of probabilities that the breakdown was because of the "chipping", I would have found the dealership liable to repair it on that basis. I cannot, however, leap to the inference that the engine breakdown resulted from the "chipping", just because the defendant...started having stalling, re-starting, and warning light problems after the "chipping" in January.
In other words, there is no cause and effect between chipping and an engine breakdown. Otherwise the judge would have ruled for reimbursement of the new engine (Page 8). The judge does mention that one could "strongly suspect" that the chipping was done to keep the customer happy, would put through warranty work without telling Audi, but would walk away when the bills got too large, so Audi wouldn't find out.
Both parties won, and lost, at the same time.
Pretty Socratic, eh?
Page 6: Had the evidence persuaded me on the balance of probabilities that the breakdown was because of the "chipping", I would have found the dealership liable to repair it on that basis. I cannot, however, leap to the inference that the engine breakdown resulted from the "chipping", just because the defendant...started having stalling, re-starting, and warning light problems after the "chipping" in January.
In other words, there is no cause and effect between chipping and an engine breakdown. Otherwise the judge would have ruled for reimbursement of the new engine (Page 8). The judge does mention that one could "strongly suspect" that the chipping was done to keep the customer happy, would put through warranty work without telling Audi, but would walk away when the bills got too large, so Audi wouldn't find out.
Both parties won, and lost, at the same time.
Pretty Socratic, eh?
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