by MJGIBEAULT029 » Wed Feb 27, 2013 08:41 am
Had 2 tires from the set of 4 i boght from Sears on 10-10-10, require replacement.
Sears policy is that when a 4wd vehicle has a need for lessthan 4 tires to be replaced, the replacements must be identical to the set on the vehicle, and within 1/32" of the remaining 3 tires; or they refuse to install them.
Since mine were bought and had road hazard warranty which i paid $20 per tire to acquire, they had a duty to replace the tires.
They replaced the two tires with a diff brand tire with an all-terrain tread which is completely dangerous and ended up ruining my transmission. When Sears told me they couldnt get the matches, they never mentioned anything about their policy nor did they tell me that Nissan prohibits mixed tires as they installed.
I was put in contact with the district manager upon my request when the manager laughed at me upon hearing my complaint. The managers response was (during a legally recorded phone call) " when we replace a part that causes another part to go bad, because of the part we replaced, then of course we're responsible for paying for the problem".....
DENIAL OF CLAIM #1
Despite the above quote and admittance that his store violated the company's policy and the industry standard practices, he sstarted a claim with Sedgwick who ignored me for 6 months and then pulled out their rubber stamp.... DENIED...
DENIAL OF CLAIM #2
i RAISED HELL With Sears and Sedgwick regarding the illegitimate denial of the claim and they agreed to take a second look and send all paperwork to some "expert", who i doubt even exists, but the apparently told them that the MFG of my vehicle made a false statement in the manual because a transmission has nothing to do with the tires...
So, i wrote an email to the executivew Operational Manager of Sears Auto and he said he would pass it on to the district manager, which i had already been told by the DM that I would be paid for the damage but wasnt....
So i moved on up to MR.Joe Finney, VP of Sears Auto Center, and sent him an email...
I waited and waited over a month and a half but no response.....SO i sent a revision of the email about a week ago and let him know that
there are people who complain about poor services and there are people who get screwed over by SAC's poor services. I got screwed and one way or another, regardless of the cost financialy, mentally, emotionally, SAC will return the money to me for the fullset of tires they should have put on and fot the estimated repair cost of replacing my transmission.
Well, apparently poor Mr.Finney thought i was "harassing" him by sending him 2 flipping emails about his BS company and their greedy ways because I received a C&D letter from their attorney demanding that i hauklt all contact with SHC or they will take legal action against me for harassment!
But thats not what I am writing your organization for, I LAID DOWN AND LET THE SEARS TRAIN RUN ME OVER TWICE IN 2 YEARS AND NOW I WILL FIGHT TILL I GET MY TURN!!!!
I THINK THIS CASE IS QUITE SIMPLE CUZ I SIGNED NO WAIVER WHEN THEY REPLACED THE 2 TIRES, NOR A WORK ORDER AND NEVER EVEN AGREED FOR THEM TO DO ANYTHING TO MY VEHICLE EXCEPT PROCESS MY WARRANTY FOR THE ONE FLAT I WENT IN TO HAVE FIXED, AND SPECIFICALLY TOLD THEM "WITH A REPLACEMENT OF THE TIRE DONE BY THE NISSAN OEM RECOMMENDATIONS"... (I MADE THIS REQUEST SPECIFICALLY BECAUSE THEY HAD RECOMMENDED AND REPLACED EXPENSIVE PARTS ON ANOTHER VEHICLE OF MINE 4 MONTHS PRIOR, AND I ASKED FOR THE PARTS THEY TOOK OF AND HAD THE SATURN INSPECT THEM BECAUSE THEY LOOKED BRAND NEW TO MY EYES... THEY SAID THEY WERE IS EXCELLENT CONDITION AND COULD BE PUT BACK IN SERVICE.... LITTLE DID THEY KNOW SEARS CHARGED ME $300 TO REPLACE THEM!!!)
IM A FT COLLEGE STUDENT AND HAVE 2 KIDS AND ONLY HAVE ABOUT $1500-$200 TO SPEND ON AN ATTORNEY, BUT ALL OF THE LAWFIRMS I HAVE CONTACTED EITHER TELL ME THEY ARENT INTERESTED IN REPRESENTING ME FOR THIS MATTER OR THEY WANT $6K-$10k+!
I AM REALLY HAPPY TO SEE YOUR ORGANIZATION EXISTS, I THOUGHT EVERYONE THAT HAD EVER BEEN IN A SIMILAR SITUATION JUST STOOD THERE AND TOOK THE ABUSE FROM THESE INS COMPANIES.
I AM IN THE PROCESS OF BUILDING A WEBSITE THAT EXPOSES SAC AND SHC'S SCANDALOUS, FRAUDULENT, DESPICABLE WAYS OF CONDUCTING BUSINESS IN THIS COUNTRY; ONE THAT I THOUGHT I HAD RIGHTS IN, BUT I HAVE COME TO SEE THE VALIDITY OF THOSE RIGHT AND HOW IMPOSSIBLE IT IS FOR A "NOBODY" TO EXERCISE MY RIGHTS WHEN THEY ARE VIOLATED.
I HAVE WAITED ALMOST A YEAR AND STILL HAVE NOT MADE MEASURABLE PROGRESS WITH THIS MATTER; THEREFORE I TURN TO YOUR ORGANIZATION FOR YOUR ADVICE AND EXPERTISE IN SECURING AN ACCURATE RUNDOWN OF MY OPTIONS AT THIS POINT.
SINCERELY
MARK GIBEAULT
Sears policy is that when a 4wd vehicle has a need for lessthan 4 tires to be replaced, the replacements must be identical to the set on the vehicle, and within 1/32" of the remaining 3 tires; or they refuse to install them.
Since mine were bought and had road hazard warranty which i paid $20 per tire to acquire, they had a duty to replace the tires.
They replaced the two tires with a diff brand tire with an all-terrain tread which is completely dangerous and ended up ruining my transmission. When Sears told me they couldnt get the matches, they never mentioned anything about their policy nor did they tell me that Nissan prohibits mixed tires as they installed.
I was put in contact with the district manager upon my request when the manager laughed at me upon hearing my complaint. The managers response was (during a legally recorded phone call) " when we replace a part that causes another part to go bad, because of the part we replaced, then of course we're responsible for paying for the problem".....
DENIAL OF CLAIM #1
Despite the above quote and admittance that his store violated the company's policy and the industry standard practices, he sstarted a claim with Sedgwick who ignored me for 6 months and then pulled out their rubber stamp.... DENIED...
DENIAL OF CLAIM #2
i RAISED HELL With Sears and Sedgwick regarding the illegitimate denial of the claim and they agreed to take a second look and send all paperwork to some "expert", who i doubt even exists, but the apparently told them that the MFG of my vehicle made a false statement in the manual because a transmission has nothing to do with the tires...
So, i wrote an email to the executivew Operational Manager of Sears Auto and he said he would pass it on to the district manager, which i had already been told by the DM that I would be paid for the damage but wasnt....
So i moved on up to MR.Joe Finney, VP of Sears Auto Center, and sent him an email...
I waited and waited over a month and a half but no response.....SO i sent a revision of the email about a week ago and let him know that
there are people who complain about poor services and there are people who get screwed over by SAC's poor services. I got screwed and one way or another, regardless of the cost financialy, mentally, emotionally, SAC will return the money to me for the fullset of tires they should have put on and fot the estimated repair cost of replacing my transmission.
Well, apparently poor Mr.Finney thought i was "harassing" him by sending him 2 flipping emails about his BS company and their greedy ways because I received a C&D letter from their attorney demanding that i hauklt all contact with SHC or they will take legal action against me for harassment!
But thats not what I am writing your organization for, I LAID DOWN AND LET THE SEARS TRAIN RUN ME OVER TWICE IN 2 YEARS AND NOW I WILL FIGHT TILL I GET MY TURN!!!!
I THINK THIS CASE IS QUITE SIMPLE CUZ I SIGNED NO WAIVER WHEN THEY REPLACED THE 2 TIRES, NOR A WORK ORDER AND NEVER EVEN AGREED FOR THEM TO DO ANYTHING TO MY VEHICLE EXCEPT PROCESS MY WARRANTY FOR THE ONE FLAT I WENT IN TO HAVE FIXED, AND SPECIFICALLY TOLD THEM "WITH A REPLACEMENT OF THE TIRE DONE BY THE NISSAN OEM RECOMMENDATIONS"... (I MADE THIS REQUEST SPECIFICALLY BECAUSE THEY HAD RECOMMENDED AND REPLACED EXPENSIVE PARTS ON ANOTHER VEHICLE OF MINE 4 MONTHS PRIOR, AND I ASKED FOR THE PARTS THEY TOOK OF AND HAD THE SATURN INSPECT THEM BECAUSE THEY LOOKED BRAND NEW TO MY EYES... THEY SAID THEY WERE IS EXCELLENT CONDITION AND COULD BE PUT BACK IN SERVICE.... LITTLE DID THEY KNOW SEARS CHARGED ME $300 TO REPLACE THEM!!!)
IM A FT COLLEGE STUDENT AND HAVE 2 KIDS AND ONLY HAVE ABOUT $1500-$200 TO SPEND ON AN ATTORNEY, BUT ALL OF THE LAWFIRMS I HAVE CONTACTED EITHER TELL ME THEY ARENT INTERESTED IN REPRESENTING ME FOR THIS MATTER OR THEY WANT $6K-$10k+!
I AM REALLY HAPPY TO SEE YOUR ORGANIZATION EXISTS, I THOUGHT EVERYONE THAT HAD EVER BEEN IN A SIMILAR SITUATION JUST STOOD THERE AND TOOK THE ABUSE FROM THESE INS COMPANIES.
I AM IN THE PROCESS OF BUILDING A WEBSITE THAT EXPOSES SAC AND SHC'S SCANDALOUS, FRAUDULENT, DESPICABLE WAYS OF CONDUCTING BUSINESS IN THIS COUNTRY; ONE THAT I THOUGHT I HAD RIGHTS IN, BUT I HAVE COME TO SEE THE VALIDITY OF THOSE RIGHT AND HOW IMPOSSIBLE IT IS FOR A "NOBODY" TO EXERCISE MY RIGHTS WHEN THEY ARE VIOLATED.
I HAVE WAITED ALMOST A YEAR AND STILL HAVE NOT MADE MEASURABLE PROGRESS WITH THIS MATTER; THEREFORE I TURN TO YOUR ORGANIZATION FOR YOUR ADVICE AND EXPERTISE IN SECURING AN ACCURATE RUNDOWN OF MY OPTIONS AT THIS POINT.
SINCERELY
MARK GIBEAULT
Posted: Wed Feb 27, 2013 02:13 pm Post Subject:
If you have such a good case why don't you file in Small Claims court against Sears? You don't need an attorney and it usually costs less then $100.
Posted: Wed Feb 27, 2013 02:37 pm Post Subject:
Well, I hope your website won't be quite as disorganized as your post. But as tcope has said, you could have solved this matter a long time ago, after having first made your demand, by taking it to small claims court.
The judge will demand to know: What evidence do you have to prove the mixed tires caused the transmission damage?
It is well-known that putting tires on a vehicle that change the overall diameter larger or smaller than the manufacturer's recommended tire size will cause the axle to turn slower or faster than the correct tire size. Either way, that can stress the drivetrain and lead to transmission problems. You do not indicate whether the replacement tires were the same diameter as the set purchased on "10-10-10".
The one thing you have also not made reference to is your "expert witness" who will testify that the replacement tires were responsible for the damage to your transmission. Without that testimony, you have no basis on which to state your claim, and would most likely lose at trial.
Posted: Fri Mar 15, 2013 11:47 pm Post Subject:
When an attorney quotes an outrageous price to handle an action, he is telling you that you either don't have much of a case, or it will take a lot of time to produce a small return, but if you want to pursue the case he will charge enough up front to pay him for the time he will spend chasing his tail.
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