Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Please review the information attached to previous note
I read this letter above.
Please let me know what your specific question is.
Is that what you were suggesting I do and your comments on the presentation
I think that it is excellent but if I suggested a demand letter then you should be giving them a deadline to comply with your demands. You also have to tell them that you are going to sue them if they don't comply by the deadline.
I told them I needed a response 6my 3 requests by December 15th.
They responded:Good Morning Brian,
What are the current outstanding repairs that are needing completed?
That should be OK.
They are actually responding in a positive way.
I believe so.
I responded with the the list as requested. Please note I suffer from PTSD which makes is whole process externally traumatizing:
Actually the previous email was in response to to their req.
Here is the first email:We have consulted with legal counsel. This lawyer was shocked to hear that this was a brand new trailer, and had so many deficiencies. She believed we, clearly, did not get what we paid for. She believed we're correct and we're entitled either to a full refund or a very substantial refund, if we were to keep the unit.We purchased this model, new, because it provided us with all the amenities we wanted. We purchased Jayco because of previous positive experiences. We purchased with Sicard as this is a family business and family is important.The facts are as follows: (not necessarily conologicall)1- We purchased, August 01, 2019, clearly, stating we wanted to travel as 70 plus seniors and be trouble free. We had a walk through at 3:00 pm and accessed the trailer to transfer our belongings at 5:00 pm.2- Prior to departure from Sicard, that day, we identified several deficiencies. 3- On the trip home, we found several more deficiencies. 4. I repaired several. I delivered the unit to Leisure Days in Kingston, twice, for more warranty repairs. (Aug. & Sept. 2019)5- Leisure Days did not have the manpower or facilities to complete the warranty deficiencies. Sicard picked up the unit Nov. 13, 2019 and returned to Oshawa Dec. 13 2019.6- We observed that the kitchen slide was not square in the frame and the slide mechanism was grinding on the seals.7- The dining room slide was out of alignment. The seals fore and aft were not installed allowing moisture and rodents in. These seals need to be installed.8- The bedroom slide had seals missing allowing rain to flood in. This was corrected late afternoon July 16, 2020, while we were waiting.9- Much of the trim in the unit has come loose so it had to be re-secured, some several times.10- The tire pressure was set at 80 PSI for a trailer weighing 9500 lbs. We have wagons carrying 20,000 lbs with 80 PSI. I believe the trim issue is a direct result. Items were shifting everywhere in the unit, during travel.11- The grey water valve was leaking, dumping approximately a gallon of contaminated water on the ground each drain. I had to install an external valve. 12- We had to request that the undercarriage be sealed, to prevent rodents from accessing the unit.13- There is a gap between the back wall and the floor allowing insects and debris access.The seal is incomplete and finishing trim needs to be corrected.13- The furnace failed to operate leaving our kids stranded over Christmas 2019. It also failed August 2020.This needs to be corrected.14- The mirror on the bathroom vanity dislodged (Feb 2020) while parked. Anyone in the bathroom at the time would have been seriously injured. This needs to be corrected.15- The front nose of the unit has faded. This needs to be professionally repainted. 16- Basement walls are of such poor quality the dealer and myself have had to reinforce them. 17- Several water lines were loose allowing water to leak and damage the walls.18- The TV antenna bracket and AC ceiling vent fell off.19- The front passenger rocker panel needs to be replaced or professionally repaired.20- The retaining bracket on the drivers side compartment door detached and the door dropped on the bridge of my nose. 21- The hot water tank has failed requiring an emergency service call at our expense.22- The trim around the hallway window dislodged.23- The front lifting jack failed while enroute, it took 2 hours to get the unit hitched to the truck. We could not unhook for 4 days, until we could get access to a jack and dunnage. We were immobile for 3 weeks while we waited for Jayco to approve a replacement part and we had to pay an emergency service call.24- There are at least 3 utilities in the unit from an obsolete manufacturer. The furnace, hot water, heater and the jacks are Atwood products. These items have all failed in August 2020.25- The front passenger side compartment door needs to be replaced. 26- The outside of the rear tires are wearing excessively. When we rotated the tires in August 2020, the tire shop commented that the axle was out of alignment. This needs to be corrected27- The bathroom wall is buckling dramatically.We can list more issues and we're sure you can see why we are proceeding with this matter. All the issues are documented with work orders, emails, texts and before and after pictures to support our position. As a self-employed entrepreneur, I was liable to make things right when there were deficiencies. We are confident that in the automobile industry this unit would have been replaced months ago. In conclusion:This unit appears to have no end of difficulties. The warranty will run out in 9 months and by the time the current issues are remedied, t
Sorry the last section didn't paste.In conclusion:This unit appears to have no end of difficulties. The warranty will run out in 9 months and by the time the current issues are remedied, there will be approximately 6 months left on the warranty. As previously requested, we propose:1- There will be a complete refund of all monies related to the purchase of the unit. 2- There will be a substantial refund to compensate us for emotional, mental, physical and financial inconvenience. This we are willing to negotiate.3- In the event, we decide to retain the unit, the warranty will remain intact and will extend for an additional year.4- We will need a response by December 15, 2020.RegardsSherrill and Brian Dowling
That's very good. Excellent.
Where do we go from here.??
If you don't hear from them by December 15 then you sue them in small claims court. You start the claim online right away.
Can you supply with the necessary documents???
Will you be able to assist in filling out the documents??
No but you won't have any trouble doing it. Look at that later. You'll be totally fine.
Would I be able to follow them to you for corrections and clarification??
You will always know where to find me!
I sent the following email to Justanswer and am still confused about the process and how it works. I'm also receiving continual unsolicited emails and would like to be able to contact only when I want. It's a privacy issue to me.
"When I became involved with Justanswer, I was trying to contact Upper Canada Law Society. I received emails, phone messages and texts in a flurry. I could not keep up with them while trying to communicate my issue to your lawyer. Debra suggested what to do, I wrote the letter as suggested and sent it. Is that what was to happen??Please advise in very simple, non-legal terms what I have gotten myself into, what I'm entitled to and what it's going to cost me. Regards Brian Dowling
I am a lawyer in Toronto. I don't actually work for the site. I just log into the site the way you do and I see a list of questions and choose which to answer.
What I can do is mark this conversation as complete. Then you can contact customer service and ask them what you signed up for and if you want to cancel and get a refund you can ask them for that too.
Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.
Debra I have received a response from Jayco***@******.***
Thu, Dec 3, 9:31 AM (6 days ago)to me,***@******.***,***@******.***, Meag*****, *****, Angelo, SherrillGood Morning Brian,What are the current outstanding repairs that are needing completed?Thank you,Samantha FergusonCustomer Service SpecialistJayco TowablesPhone:(###) ###-####Fax:(###) ###-####Email:***@******.***903 S. Main St., Middlebury, IN 46540cid***@******.***A couple of questions:1- Should I respond??I thought I would simply say "we are saddened by your decision to ignore our rights as your customer. Our rights are to receive a complete and functionally sound unit with minimal deficiencies. This unit, when purchased, was equivalent to a used unit sold as new."2- Jayco is in Middlebury, Illinois, USA. Can they be listed as a defendant??Please adviseRegardsBrian Dowling
Sorry copied the wrong note. They said the following:
Good Afternoon Brian,
I have been working with my management team on this, and we are going to continue to work within the warranty to have warrantable repairs completed on the unit.
Jayco got back to me and are not doing anything.
Can they be listed as a defendant as they are in Middlebury, Indiana ???
Yes you can see them in the US though it's not as easy.
Can I list them as a defendant with Sicard RV