His claim isn't large enough for small claims court, if that makes any sense.... :?

That is usually the best thing to do. Just roll up on the lot with the news crews and start filming

I could go to small claims court. It wouldn't be worth it IMO, but I could go. The only CASH value I am asking for is $55, or $95 if he does not give me the floormats. Whether the judge was sympathetic enough based on the fact my car was driven for personal use, I could get more. But it all depends on the judge. It'* hard to prove exactly how much it was test driven, if at all. But his credibility is lacking, and the judge would see that.

I hope the TV thing works out. If I get his dealership'* name on the CT news, and have an "investigation" done on my situation, I'd be happy enough to forget the whole thing. Knowing he was pissed that I went to such lengths would please me more than anything. I would never know how much damage it would do to his reputation, but I could only hope it would be significant.

A friend of mine also suggested contacting a local radio station, which I hear can be relentless and brutal to companies on issues like this.

Saprano style


Pete, when any tv crew shows up at his door for a complaint it should make him **** his pants.

Even if they never show the clip on CT .TV

Like some others mentioned already, the BBB doesn't actually DO anything here. You wrote that this is "in the hands of the Better Business Bureau". In reality, they don't handle your case at all. All they do is put your complaint on file, where anyone who checks that company for any complaints at the BBB will see that your complaint is there, and your complaint will be listed "unresolved" unless/until it is resolved. In fact, the BBB will hound you after 30 days if the other guy merely SAYS he took care of it, and they'll give you maybe two phone calls to hear you say that you agree/disagree that it is resolved, and if they don't hear from you they'll automatically mark it "Resolved".

This is in YOUR hands.
I don't understand at all why you didn't just file a police report for theft of your property? Stealing your property is a criminal act.

I wouldn't be afraid of small claims court either, although around here it costs abotu $35 just to file a claim. But the BBB doesn't actually solve your problem or handle your case. So if you want anything else done, you need to pursue this via another avenue. I'd just report them to the police for theft of your property.

Don't your court costs get reimbursed to you if the defendant is found to be guilty? I've always been lead to believe that the defendant pays those if he'* guilty; if not, the plaintiff is out the money that he already spent to have the case heard.

If that'* true, I would pay the $35 (or whatever it is) to have the case tried...even if it is only $100.

And, for what it'* worth, you can assess a value to the mileage. The current federal mileage rate is 44.5 cents per mile. You do the math since I'm too lazy to dig through the thread to see how many miles were put on it. Be fair, though...subtract a fair amount if the car was in fact test driven. For *&Gs, figure that the car was driven 60% in excess of what a typical test drive would be. So only calculate in 60% of the miles...

For purposes of trying to assign a value to the total he drove it, this would be the fairest calculation.

Im not sure about where you guys are, but here in MA small claims court is really a legal way to say someone owes you money. Getting the other party to pay is another story.

Long story short, My ex baught a car, it died 3 days later, took previous owner to Small Claims Court, won reimbursement, the other party NEVER paid.

Pete, I think your going about it the right way. Doing what your doing, will make this ripoff artist think twice before making the same mistakes.

I understand the BBB doesn't do much other than contact the business, and have it on file. When the owner got back to me and said "The BBB cannot do anything other than contact me" I figured he was implying that it was useless to file a complaint and that he wouldn't reimburse me because the BBB could not make him. I am actually surprised he didn't tell the BBB he resolved it, because he could have easily done that. Instead, he completely ignored them and didn't file any type of response. This tells me I have to take other actions.

What I really meant by "this is in the BBB'* hands" is that I didn't want to take any other action UNTIL the deadline they set for him to respond had passed. I was giving him the benefit of the doubt and figured I'd give him the full amount of time to reply to me or the BBB. Well that day is today, so I'm prepared to talk to the news person today.

I never thought of going to the police. The only thing I can claim he "stole" was the front floormats. It didn't seem to me like I should or could have gone to the police.

Vital, thanks for that mileage calculation. I based the decreased value of the car according to KBB, and $50 was the difference in value given the miles. But the 44.5¢ per mile would mean I could get $264, assuming it was test driven 662 miles as he claims.

I do also believe court fees get reimbursed if I won a case.

Thanks all for the advice.

I don't think I would bother the police. Like you said the only thing stolen was the floor mats.

I bet if you told him you had contacted the news about the issue he would change his tune and bow down to you. He has had his chance to make right with you and sure doesn't look like he is doing anything. I say heck yeah take it to the news!! Even if the dealer refuses to talk to the news station, if they air the story the dealership will take a hit, be known as a crooked place, and unless he is the owner or related to the owner he may be looking for a new job!

I LOVE the news route. Can't wait to hear what happens there.
I personally think I might even try the police. Theft is theft. Plus, that would make the news story even more interesting.
As far as small claims court, Tony is right. Even if you win, which I am guessing you would, you may never actually get the money.