I would have to agree with everything you have said Rastus! Problem being is that these old W126 Mercedes are becoming rare in good condition - which is one reason I could not bring myself to drive that nice 420 in the bad weather with all the AMG stuff on it. Still I have driven a 560 for over a decade and could not get content with the much lower performance of the 420 so its probably good that I let that car go. I still have two 560s I am working with over here, none of them creme puffs so perhaps that may very well be where I am heading this winter. The only thing I do not care for on the W126 is the poor heat that I have experienced in every late model G2 W126. In fact the only Mercedes I have owned that had what I consider a good heating system was an earlier G1 1985 500 SEL, not sure what setup that vehicle had but I remember that car had very good heat in the winter. Come to think about it, everything seemed a little nicer on that early G1 500 SEL, the ride - the performance - even the heated seats. Odd..

Having said all that, the Mercedes Benz Sedan is not even in the same ballpark as a Cadillac Escalade. For starters the Escalade is a 4X4 truck with an SUV body and holds seven passengers while the Mercedes can only fit 4 comfortably, 5 if you want to pack em in like sardines in the back seat. They have a very nice and big feel with a surprisingly nimble feel on the road too! They have reliable and time proven LS style Vortec engines at 6.2 liter displacement giving them loads of power to go with all that weight. Also, much like the later G2 Mercedes 560 these newer Escalades fetch anywhere from $80-$100,000 when new! The one I was looking at was probably about a $60,000 SUV in its day back in 2007.

Living in Michigan means that you will deal with a fair amount of snow in the winter, and as fun as the Mercedes is to drive in the winter I wanted to give an Escalade a try. A $10,500 Escalade is not really an upmarket, in fact its actually one of the least expensive Escalades in its class for the body style. Then again I was prevented from closing on the deal due to what the dealer claims was a lost title but regardless a dealership in Michigan is not allowed to offer for sale a vehicle it does not have title to so they really just jacked me around for a week and cost me $400 for nothing. 

Still no word from the State of Michigan but I did get a letter back from them saying they have an investigation open and that I should proceed with any legal remedies I have at my disposal.

Honestly I was hoping this would be a quick open and shut case since I have supplied proof, this way I could use the State findings in my lawsuit to bolster it. Already I plan on attaching the nearly 60 page complaint as an exhibit to my lawsuit but it would just be a lot nicer if I had that piece of paper that says they found them in violation. Nothing worse than having pending litigation and something like this shaking the boat in the middle of the litigation. With that said I am prepared to await the results from the state before filing my lawsuit, just because I have learned over time that rushing a lawsuit is worrisome, costly and time consuming as you have to introduce and re-file new evidence. Also, you original complaint can be much more powerful if you have all your ducks in a row from the get-go.

The weather has taken a serious turn for the worse here in Michigan, it is getting cold and rainy and it is even snowing to the north of us. It would have really been nice to have purchased this vehicle for the winter as I am now getting behind in other work as a result of all the time and inconvenience. Not only that, I am looking at having to repair an old Mercedes-Benz to have road ready in a very short period of time. It is quite clear that it is time to put the Corvette up for the winter as my usage of that vehicle amounts to maybe once or twice a week to run down to the store. The kids truck is running good, but the kid uses it every day and sure enough, every time I need to go somewhere he is off at they gym or somewhere.

A lot of people reading might not realize the trouble this dealership has caused me, but they literally screwed me around for a week, cost me almost $600 in fees, cost me a $10k credit line haircut and I have nothing to show for all of this! 

You make a very good point Shawnee! LOL! 

I nearly choked on my smoke while reading your response from laughing so hard. 

What taste even better than an 18 year old Scotch?

Vindication!

Now it is on to phase two and three... More complaints and filing of my lawsuit to recoup my losses! 

I lost over $500, a weeks worth of time and took 100 point ding in my credit score from them running my credit NINE times for what amounted to a cash sale that they could not even facilitate due to not having legal ownership of the vehicle!

I also took a $10k hit to my credit line as a result of having NINE credit inquires following a large cash advance to have CASH money in order at the closing table, as they so arrogantly required! 

Thanks guys! Now that this will soon be moving into the courts I have to move this thread to the Cafe. I will still update the process but out of an abundance of caution I feel it needs to go private if I am going to keep commenting. 

Just filed my lawsuit in the local court against these shysters! (Suburban Cadillac of Plymouth)

Exactly ONE DAY BEFORE our one year anniversary! 

I'll keep you guys posted, but my next lawsuit I am filing on Friday, in Federal court, is against Equifax, Experian, Trans Union, Quicken Loans, Citizens Bank and the United States Federal Government Fannie/Freddy - aka Federal Housing administration and Housing and Urban Development. I'm done... I'm pissed! I am going to get an answer to my Federal question and all these agencies aren't going to be able to point the finger at each other this time!

It could be possible they sent out the response three days ago and it's just caught in the mail, however that seems highly unlikely for in-state first class postage and they would have to have post dated envelope stamps. Many law offices have metered mail and it's not beyond the realm of possibilities that their lawyers are dirty as well. LOL 

I am anxiously awaiting Monday, then I think by Tuesday I should move in for the Default Judgement. Perhaps if there is no entry by nearing end of business Monday I should just file it then, just to put in question any "post-dated" envelopes that may come thru, should they come thru. Simply printing a metered mail envelope should not allow someone extra time if it was purposely used for that purpose. 

It's possible they forgot too, but even if they try filing a response late I would fight it with everything I had because no such concessions would be extended to me if I were to file or respond late.

Well shit... As of Today (November 8th 2019) a total amount of 29 days has elapsed.

According to the laws as I read them, Suburban Cadillac has surrendered by default any defenses.

I suppose we could have some post dated envelope show up, but honestly I'd fight it and subpoena the Post Office if I had to! 

It's just like a low down attorney or law firm to try such a maneuver in my honest opinion, and while I really can't wait to start suing the credit reporting companies I want to make sure this one is "in the bag" before I go opening a much bigger can of worms in Federal Court!

I have even checked various online sources to ensure that the dealership hasn't filed for Bankruptcy and nothing is coming up so far!

So the only thing that I can imagine is that the dealership knowingly fucked me over! They probably had the title since day one and since that can be proven thru deposition - they do not want to risk that fact becoming public knowledge and thus they didn't even bother to respond! It kind of angers me a bit, so I am hoping the Judge will award me a nice monetary award in my motion for default judgement.

I am going to wait until Tuesday of next week to ensure nothing "post dated" shows up - but once I get the motion for default judgement entered it's pretty much case closed and on to the next one - which is a big one!

Wish me luck! 

Well the slippery fuckers slid in there with the standard metered mail post marked envelope and have responded. It would just figure that a slimy dealership would also have a slimy law firm.

Still does not show as posted in the courts computer, but I would imagine the postmark date printed by their metered mail machine has the same date as mine. 

I will bring it up in future appearances, that they like to leave things to the last minute - but the rules are pretty clear,

https://www.law.cornell.edu/cfr/text/27/70.305

(a) General rule. Title 26 U.S.C. 7502 provides that, if the requirements of such section are met, a document shall be deemed to be filed on the date of the postmark stamped on the cover in which such document was mailed. Thus, if the cover containing such document bears a timely postmark, the document will be considered filed timely although it is received after the last date, or the last day of the period, prescribed for filing such document. Title 26 U.S.C. 7502 is applicable only to those documents which come within the definition of such term provided by paragraph (b) of this section and only if the document is mailed in accordance with paragraph (c) of this section and is delivered in accordance with paragraph (d) of this section.

I have to get my response to their affirmative defenses in Monday... it is going to be tricky how I word it and I am booked solid thru the weekend with work - currently wrapping a timing belt around a Subaru Outback with four people biting at my heels to get in - so I will have to play it just right... Already, thanks to girl drama with my oldest son - I'm about 1/4 bottle in on the bakers bourbon... So it for sure aint happening tonight! Somehow I see this as an all nighter Sunday project and then having it notarized first thing Monday morning before I hand it in and send it to the defendant...

Also have to call the Defendants attorney to request the discovery information - such as state paperwork for the title to know exactly when it was issued. According to CarFax the state of Michigan issued it on 9/11 so it's looking like they straight up fucked me - but we will see... I want to file a motion for summary disposition based on the fact they are claiming exemption from the Michigan Consumer Protection act as a regulated business - that being the case they have admitted guilt and the only thing left to determine is the amount of damages I am entitled since the state has already ruled in my favor after an investigation and issued them with a notice of violation. 

Timing... it's everything - since I am sure they are going to move for a summary judgement too... The attorney has to know that the state issuing a violation is a serious problem for them... I will basically have to say I am using the Michigan Consumer Protection act as a guideline to determine damages now, rather than a basis for figuring out their violation. Tricky but do-able... I'll let you know what I brew up next week!

Turns out Subaru is Japanese... Thought they were like swiss or some shit... such is the case - the aftermarket does not provide adequate tensioners for timing belts and I have noticed this across ALL Japanese vehicles.. Just a little inside heads up, go with the factory tensioner - the rest is usually fine! Lucky I caught it before it rolled or I could have been on the hook for a flat four engine!

That said, it was a solid 24 hours of brain melting as I filed my motion for summary Judgement today, along with answering a few piddly ass request from the Defenandant's attorneys - all of which were neither confirmed or denied, rather leaving them to their proofs... 

Think I will file a few request of my own on top of the Motion for Summary, which for people not in the know is a detailed and brain hurting experience as you must also produce a brief in support of said motion... All told, one pound of paperwork mailed out at $8 as it was over the 14 oz maximum for first class! LOL

I am pretty sure my next suit will require flat rate boxes to send out, but that's okay... After this $40k haircut all I can afford this winter is to sue people! LOL

Happy Thanksgiving Everyone!

Well, got court on Wednesday for my motion for summary Judgement! The attorney for the other side even filed their response to said complaint over a week late! Just crazy and I plan on bringing it up first thing at trial Wednesday. 

It doesn't help that I once filed a complaint against the Judge I am going in front of to the Michigan Judicial Tenure Commission while suing the Credit Union several years back, some of you might remember that case. I lost. 

But this time my paperwork is much better and my case is a little stronger because I have a state agency backing me with an issuance of violation to the Dealership, but you never can tell... 

I just have to keep my cool and take whatever the Judge dishes out because I'd rather motion for an appeal and file another complaint than be found in contempt. 

Even though I am the Plaintiff, I still get butterflies in my stomach a few days before court. 

I'll be sure to keep everyone posted on the outcome... Way I see it is I could either be awarded a judgement on the spot, my case could be summarily dismissed or the case could continue on to trial. If the latter I would ask to extend the time for discovery and make it really punishing in terms of billable hours for the Dealership's attorney, because honestly we would have to deposition a bunch of people and seek some other records to prepare for the Jury trial. I am not against taking it all the way, I just hope the courts and the Dealerships attorney realizes that would add about another 5 pounds to the case file. lol

Yup... Just the facts... If you got an issue, take it up with the proper agencies after the trial. 

Well, as expected the Judge granted the Defendants motion for Summary right after denying mine.

The courts are so fucking corrupt! I swear to fucking gawd!

I can appeal and also file complaints against the Judge with the Judicial Tenure Commission but will that even do anything? Probably not...

I want to file a complaint so bad as the Judge clearly gave the attorney a professional courtesy in giving them an easy out to my Jury Trial demand. It's outrageous that I had the State of Michigan investigation letter finding the dealership in violation and yet the courts didn't even seem to care out the Regulatory Body's investigation - in fact the Judge seemed to be very Anti-State overall, even going so far as to say that the State regulatory bodies investigations meant nothing in his court! Even paid for the transcript of that hearing so that I can send it to the State regulatory body that investigates Judges and see how they feel about this Judges disdain for their findings!

Having the State of Michigans notice of violation on the Defendant should have been enough to survive any Summary motion and allow me my day in court, but this Judge doesn't even seem to care. I hope he feels the same way when that complaint letter from the Michigan Judicial Tenure Commission lands on his desk! 

It is crazy... the Judge giving the Defendant this victory is nothing short of a professional courtesy for the Defendants law firm. The real question here is what will I achieve by appealing? If the case gets kicked back to District court (aka I win the appeal), the Judge is just going to assign it to case evaluation, which is the states new way to ensure court cases get settled without trial. In a case evaluation several people from a company get together and weigh the current case and assign a value to it. If the case evaluators find that the case has merit and damages were incurred they will place a dollar amount on it or say it has no merit. Regardless, whoever does not agree to the findings of the CE becomes responsible for the other sides court cost should they lose in court. For me this is not even an option, and given the fact that in past CE's the amounts were less than $1000... but still, $1000 or anything over $100 is still money.

But here is the kicker, with the recent Wuhan scare I worry that my having to travel into the city and sit inside a courthouse full of people from all over I am not so sure I even want to expose myself further. There comes a time when you just have to weigh the cost/benefit  factor. This could snail on for another year, maybe more! For me, doing paperwork and spending days in court are like completely shifting gears! It will become even more cumbersome as the appeal courts are in Detroit - and not just down the road in my local townships court house.

The clock is ticking, there are strict time limits in play to appeal. I have to make up my mind because once that time limit elapses - that's it. I could file a complaint but I have done that in the past and it doesn't seem to be netting me anything outside of being an investigator for the State pro-bono. 

I have to weigh if my principled lawsuit can afford the costs, time and risks that taking the next step will commit me to. Problem with lawyers is they love appeals, they can still bill their client for responding and appearing at them since if I win the appeal their client is still on the hook. So I am sure the law firm would welcome any appeal with open arms, since they already have to be there anyway in a sense. That is what they do, and that is how they make their money.

Do I want to run up the cost for Suburban Cadillac some more? Sure! Do I want to commit to the process and see it thru even if some of the hearings could expose me to courts that share the same buildings as immigration offices, and a general mix of people in close proximity who may or may not have been to Wuhan recently! LOL, for me that is my biggest concern! I'd already be sitting on a beach somewhere right now if not for that worry! Something is telling me to hunker down and save my resources for a more serious, less principled endeavor of greater compensation. 

But I still don't know.. Part of me feels like it would be doing a disservice to myself by not taking it to the bitter end of case evaluation.