eaglegreen48

Get your camera. Get pictures of everything. Call ACS get a contact name, explain the situation and the email your complaint to them also. Consult a lawyer while you're at it. It's ridiculous, unethical and just plain robbery.

jaymar88

You don't need a lawyer. This is a small claims matter >5k. If you must, just submit a formal demand letter delineating your intent to take legal action for remedy. If they don't comply, file a small claims complaint, serve the dealership and see them in court. Present your case in the most clear and concise way possible. Get 3 estimates of repair and be clear as to how you justify whatever amount you feel you should be awarded for your damages.

If you win, you can execute on the judgment.

BTW, the dealership will not want to waste resources to fight this so long as you approach this in a civil manner. Demanding and employee's termination is not a justified means to mitigate your issues. The dealership will oversee the employee's reprimand and you should leave it at that.

Just get your car fixed and use that discount on the kit and call it a day. Maybe you can squeeze a discount on future labor rates, but I don't see the dealership paying for diminished value. To substantiate that, you'd have to provide the court with empirical evidence and case law supporting your theory and frankly, the court won't pay much mind to it.

How do you prove the diminished value? the only way to substantively establish that sort of damage would be to hire a professional expert who deals with automobile valuation. FYI, expert analysis begins at 350/hr (for a rookie expert) and a report will generally run you a few hours minimum. Otherwise, it's not worth their time. And at this point, I'm not even sure if the lower courts will allow admission of expert testimony, but it's the only way I see you arguing diminished value. Good luck!

aznbo187

iTrader: (1)

Interesting read!

blazinginder

Can you buy an OEM Acura TL-S door painted from the factory?...if so that'd be one option, having them buy a new door AND monetary compensation...honestly LAWYER up and have them pay for all the shit they've made you go through, have them buy the car back and NEVER deal with POS dealers like that again.

S L I C K

DCH is garbage. I've had my problems with them also ... CLICK HERE. Even though I absolutely love my TL to death, it will be my last Acura. I've been scared off forever. Haha.

jaymar88

The dealer will NOT buy you a new door. That's going way beyond the scope of the damage. Their duty is to repair the vehicle. If any additional damages are proven, then look to those. The act was non-malicious so no punitive damages can be awarded.

TeknoKing

It became malicious when the repair was done without the knowledge of the owner. Deceiving customers is big no-no.

fastnyguy

So far no new developments. Just replies to everyone's suggestions so far.

-To TeknoKing and All Of Those Who Said Get ACS involved: They already are. My LONG original post was a copy of the fax i sent to ACS. Leon Jones is the guy at ACS I've been in touch with. They just aren't doing much since it's the dealer's fault, not a problem with the vehicle. They are working to mediate the situation with the dealer. They basically washed their hands of the matter. They said they will act as a liason between the DCH montclair acura and myself.

Anyone know who to involve higher up at Acura other than ACS?

-To those that recommended the TV and News station publicity angle: Tried the 7 on your side routine and the news 12 nj i-team routine. Still waiting for calls back.

-Also contacted NJ office of attorney general - bureau of consumer affairs and filed a deceptive business practices claim. waiting on them too.

-To those that recommended BBB: BBB already has 4 UNRESOLVED complaints for this dealership in the past 36 months. 2 of which are for the service dept.

-To those that recommended a lawyer or small claims court: Still waiting to see if I can resolve this out of court.

-To those who talked about a new door: I REALLY like the idea, but chances are they'll probably screw up installing it. This is my favorite idea, I wouldn't give a crap about any other benefits if they were willing to do this. But my real concern is now if they did this, would they do it right? Knowing what I know now they'd probably screw it up. Not to mention put this door on a brand new car in their lot then someone else would get screwed. Also, OEM painted door shells are not available as far as I know. Another question would be does that door have a VIN on it? if so, that won't match up and it's a definite no go.

TeknoKing

ok, faxing the paperwork is one thing...it's not formal.

Addressing a formal package to someone higher than a customer service rep is what I was going for....I'm just surprised on how calm you are...which is cool.

By now, I would of dented my doors all over again, but this time with the DCH manager's head.

Keep us informed with the updates. Thanks!

TypeSDragon

I think getting a replacement door is the best route to take. Talk to the GM and SM again to do that. I mean, come on, they fucked up your door in the first place, just replace it like any other part when it is defective.

S L I C K

Call Anthony Dalia from ACS. I don't have his number anymore, but ACS should have a directory.

shooter

That's what I wonder too, aren't they the sponsor here on AZ ? Glad I dont live in the NJ area so I don't have to buy/serivce cars from DCH ...

pokin

I tried not posting this long thing, but.... I might as well say everything I have now.

+1 to jaymar88's post.

I say, stick to your case (legally speaking) - i.e. The issue: substandard paint repair work.

Forget discussions about aspec.... In court, a lawyer could use this to paint you as a greedy opportunist with unrealistic demands. Do not waist time waiting for their offer in writing based on your previous discussions - they will never box themselves in a corner. The more you deviate from your case, the more, they will play games or ignore you. Also, everyone agrees that the dealer's deception and cover-up was inexcusable - but, this is not your case.

Police report - great! The more legal docs, the better. You go to court with stuff, they show up with an empty folder.

Get some good quality photos - evidence!

Keep all evidence found in your car - evidence!

Keep a log of time spent on this case - legal docs!

Get an average of 3 repair estimates from reputable (high-end) shops willing to do superb work. Add an estimate for rental of an equivalent luxury vehicle (be conservative with repair duration). Add a total figure (multiply total time - by - some hourly rate) for your time on the matter.

Do the above ASAP. Accompanied by a witness, present your letter of request for compensation (along with copies/photos of all evidence found in car, photos of substandard repair, and your time log) to the GM. Also, send the same documents via certified mail with signature request. The letter should request that the dealer respond in writing with a resolution offer by a reasonable date, otherwise, you will have to repair out-of-pocket and/or seek compensation via court process.

My predictions:
They will offer to fix at shop of their choice. Absolutely reject this - Why? because you feel that their judgment to assure quality repairs is unreliable.

They will call to discuss. Let them know this is a waist of time unless they wish to resolve within the set timeframe.

They will settle once it is evident that your court action is serious.

I frankly do not think that they will offer any cash. They will agree to pay for repairs at a shop of your choice (per estimate). They will provide you a TL loaner for the duration of the repairs. For your aggravation, they will perhaps throw in some non-body related mod or future service. This will be fair (legally speaking).

Whew! ok - done.

IntegraVT

iTrader: (1)

Yikes, there is no excuse for not being advised that your car was damaged while under the care, custody and control of DCH.

If they can't make this right by you, make a big nice sign that says "DCH damaged my car during service" put it on the side of your car and park it across Bloomfield Ave on a Saturday....

jaymar88

UPDATE on my situation.

Car was in the shop since Tuesday.. Finished today. Picked it up at Kearny Mesa Acura. Bumper looks GORGEOUS. The new paint matches much better than the oe WDP paint. All is fine and good and Arnie Arancio and Kearny Mesa Acura have earned back my trust. As a side note, I was advised that Kearny Mesa Acura will no longer be subbing out simple repair jobs to the mobile airbrush repair contractor they were previously using. I suppose they realized that it was more work than it was worth to utilize inferior paint repair to customers who might be more attentive to quality like myself. Kudos to Kearny Mesa Acura and especially to Arnie, the customer relations representative for their willingness to provide a fair resolution to this matter.

blue.fired

Lot of detail.
I just coudnt bear giving my car in for a service to the dealership or letting it stay anywhere overnight so i just dont. Maybe they could just strip the paint and repaint it.

It sounds pretty unfair that you would want somebody fired for this though.

fastnyguy

First of all, thank you all for your support and suggestions. I chose to try to solve this issue through the dealership management to no avail. OF COURSE they gave me a whole verbal list of what they would offer in compensation for my damages, aggravation, and wasted time. When I asked them to give it to me in writing via mail they agreed and even asked for my info, and then they NEVER SENT ANYTHING.
So basically, Mark Cronin, the general manager of the dealership was quite comfortable lying to me straight in the face.

Korrupted had posted a link to DCH having some prior dealings with the NJ attorney general's office.

I then involved the bureau of consumer affairs division of the NJ attorney general's office.
I have since received a response from the NJ office of attorney general consumer affairs division via certified mail. DCH has signed an agreement with the state of New Jersey called an Assurance of Voluntary Compliance. Currently they basically have 30 days to make me an offer. If I accept it, case closed. if I don't I can go to binding arbitration.
That's basically it. So far, they haven't even bothered to contact me, via phone or mail or email. Based on how they've dealt with this issue it is unlikely they will bother to make a settlement this time either even though they assured voluntary compliance to the state. I'll probably end up having to take them to court anyway.

Thanks to you all for your support through this pain in the a** ordeal.

XS2K

Buying a new car is one of the nicest experiences in life. Maybe not quite like getting married, having a child or buying that dream home, but close. It may be the highlight of our lives for some people. For what you have had to go through with DCH, they should be shot. What a way to completely ruin the feeling of a new car, and a nice TL at that. You will probably never have the opportunity to really enjoy this car and will have this experience hanging over you for years. I hope you really stick it to them, even get a new car, have them penalized by the state or the dealer licensing board, teach them a lesson in consumerism. I know that you are already mad, now it's time to get even.

CL Platano

Gotta love our local Acura dealerships..

bzyrice

iTrader: (10)

man that sux.. good read.. I am glad you are a man of action. most people just give up when dealing with issues like this. kudos to you for pushing the issue further.

fastnyguy

Hello all,
I posted a few hours ago in the middle of the night. I just received a certified letter from DCH with a settlement offer. It was mailed by them on may 6th. My last conversation with the manager took place on April 21st. They really dragged their feet but did respond. They offered to reimburse me after I have the vehicle fixed at a place of my choice at my initial expense. They make no concession for my time, aggravation, and dissatisfaction with the level of service they provided.

Acura Client Services didn't give a crap about how the dealer handled the issue. Overall, this is the 5th new Acura/Honda in my family, and my 2nd Acura from DCH. This doesn't even mention countless referrals to friends to purchase Hondas which they did. This issue has both consumed my time, sanity and patience. I can no longer provide any further business to Honda Motor Co. after this event. I will not recommend anyone buy a honda/acura regardless of how good the vehicle is, due to the poor customer service provided by DCH Acura and American Honda Motor Company's unwillingness to get involved.

Thanks to all for taking the time to read this. I hope none of you will have to ever go through such an ordeal. I would not wish this nonsense upon anyone.

Sincerely,
A.P.

fastnyguy

Hello all,
I posted a few hours ago in the middle of the night. I just received a certified letter from DCH with a settlement offer. It was mailed by them on may 6th. My last conversation with the manager took place on April 21st. They really dragged their feet but did respond. They offered to reimburse me after I have the vehicle fixed at a place of my choice at my initial expense. They make no concession for my time, aggravation, and dissatisfaction with the level of service they provided.

Acura Client Services didn't give a crap about how the dealer handled the issue. Overall, this is the 5th new Acura/Honda in my family, and my 2nd Acura from DCH. This doesn't even mention countless referrals to friends to purchase Hondas which they did. This issue has both consumed my time, sanity and patience. I can no longer provide any further business to Honda Motor Co. after this event. I will not recommend anyone buy a honda/acura regardless of how good the vehicle is, due to the poor customer service provided by DCH Acura and American Honda Motor Company's unwillingness to get involved.

Thanks to all for taking the time to read this. I hope none of you will have to ever go through such an ordeal. I would not wish this nonsense upon anyone.

Sincerely,
A.P.

mb190

WOW, I thought Chrysler was BAD (My first NA car & it'll be my LAST). I sold my Grand Cherokee and got a TL, what am I getting myself into...

If I were you, I'll demand a NEW car or at least some money for the depreciation of your car due to the damage.

They never have your permission to use it the way they did, I would consult a lawyer about it.

mb190

Seriously, some lawyers may provide free consultation, some charge. Even at $150-200/hr., at least you know how FIRM you can be with these Aholes now.

For $200, you may get back 20X or more back. Perhaps even all it takes is a letter from your lawyer. If he feels there is a case, discuss with him a percentage of damage claimed as his fee.

It's who ever that made the decision to cover this up...that is the person should be fired.

nfnsquared

Sounds to me like they're toying with you as always. Tell them to stuff it and go to arbitration. You'll be no worse off than their current offer. Chances are that the arbitrator will compensate you for the lost time.

fastnyguy

the title says it all. no other updates to speak of. will keep everyone informed

TeamCityLimit

It sucks this happened, but they offered to pay for the repair at the shop of your choice. What more do you want? If I went through all this and was happy that they just offered to fix my shit, i'd take it and not ask for more.
As for Honda Motor Co. not being able to do much, well I'm sure there's only so much they can do, considering dealerships are owned privately. One dealer doesn't = all dealers.

But gluck.

stljohn

getting a lawyer is seriously cost prohibitive.

i would go to the dealer's ombudsman or owner,
(as a tip don't go nuclear right off the bat. I've had success with the approach that your guys screwed up, I want to be a customer but you've got to make it right. and don't send them that magna carta people zone out.)
if that fails; acura district,
if that fails; bbb and atty general.
if that doesn't impress: small claims.

fastnyguy

Hey Man,
Thanks for the luck, I'll need it.
My problem with the way Honda/Acura handled it is that this dealership is an "Acura Precision Team" member. They received an award for sales and service excellence. Honda should, at the very least after something like this, investigate whether the dealership's customer service meets Acura Precision Team standards or pull their precision team certification. The reason they got that award is that most customers don't know most of the sleazy stuff they pull. They botched the cover up in my case.

The way Honda/Acura handled my complaint is reason enough for me to not want to give them my business. There are alot of other great automobiles available, and I owned Honda/Acura by choice, I will no longer make that choice.


In regards to DCH's settlement offer. They want me to repair it at my cost and offer to reimburse me. There is no guarantee they will pay me. They lied to me already on multiple occasions, why should I really trust them. Also, the offer they sent me in writing, was substantially more limited than what they offered me in person. They pulled a bait and switch since I asked for it in writing. So as of yet, they have not stopped lying to me.

And I'm still surprised at their lack of involvement with their sponsored forum. well, i guess that's enough for a day.
Thanks,
AP

Eoanou

I don't know you seem to be getting a bit over-zealous in your demands, the fact that you were compensated for the repairs and you're car is back to the original state it was in should be enough.

What the dealer did could be construed as a maliscious as they never informed you of what they did, but in my opinion they made an attempt to repair it, you were dissatisfied, you expressed your dissatisfaction to the dealer and after a couple months they decided to pay for the repairs from a body shop of your choice.

I guess some punitive damage maybe in store for you as they did attempt to shrug you off, but if anything it will be for a negligible amount, maybe a few hundred bucks, I'd say $500.

WRXtranceformed

If I could get my car fixed to like new, the rental car paid for and a free A spec kit out of that situation I'd be more than happy. ha

fastnyguy

Eoanou: I guess you really have not read the thread yet as I have, as of yet, received no compensation in hand and my car is still not repaired in any way shape or form. I think you may be confusing my original problem with jaymar88 cross posting in this thread. DCH Montclair Acura, located in NJ and the sponsor of this forum are the one's responsible for the damage to my car. This is separate from Kearny Mesa Acura in which is in california if im not mistaken.

WRXtranceformed: You know what. If they were willing to do that, I'd be happy too. But the whole point is that they're trying to weasel out of it. Their original intent was malicious, and that is validated further by them giving me the run around. The manager sent me a settlement offer in writing that is different than what he said to me in person. Also, the settlement offer includes no apology, as that would acknowledge wrongdoing and could be used to incriminate them in small claims court. They are dancing around the issue at hand like experts well versed in legal games.

I understand you may question my persistence with the issue at hand, but until it's solved, i will not rest. When I give my car in for service it should, at the very least, come back in the same condition it left in. I should not be lied to about it's whereabouts. Telling me about whats going on with my car should not be an inconvenience to the dealer. I reserve my right to know what's done to my car. You should too!

A real life example.
1. If you dropped your kid off at daycare and they were injured through the daycare center's negligence, would you be ok with not being informed about it as long as they took your child to the hospital and brought them back?
2. Would it be ok with you if the doctors did a lousy job of treating your child or would you expect the best care available given the circumstances?
3. Would you let the daycare center off the hook because the doctor is the one that did the lousy work?
Think about it. I expect a lot from myself on a daily basis. I expect equally high standards from those I pay for services.

jaymar88

Good luck in arbitration! Be firm and reasonable. Things should work out.