991 issues update and lemon law filling new video
#122
04-17-2014, 10:03 AM
ChuckJ is correct, but the real question is if you take it to court following arbitration, what is the standard of review. If it is de novo or "new", great. The court will look at it as if the arbitration did not happen (well, it will carry some weight). But, if we assume that you are in court because you lost the arbitration, and if the standard of review is high, I might take my chance with a court. Often, the standard of review from arbitration is quite high.
I would be more concerned initially with how the arbitrator is picked. With a judge you will get someone who is "unbiased." With an arbitrator, that may not always be the case. Financial and investing contracts specify the arbitration route and often what arbitration group and rules - trust me when I say that they had a team of lawyers look for arbitrators and rules that are "friendly".
I would be more concerned initially with how the arbitrator is picked. With a judge you will get someone who is "unbiased." With an arbitrator, that may not always be the case. Financial and investing contracts specify the arbitration route and often what arbitration group and rules - trust me when I say that they had a team of lawyers look for arbitrators and rules that are "friendly".
ChuckJ
#123
04-17-2014, 10:11 AM
I had a BBB arbitrator also and I personally considered my case marginal. I was especially concerned when I could just barely demonstrate the problem when he went for a ride. But I built as much of an air tight case as I could and the arbitrator agreed (he commented it was the best case he had ever arbitrated) so it went my way, thank goodness as I didn't want to live with the problem for years, then pass it on to someone else.
ChuckJ
ChuckJ
Sounds like a great result! Congrats! But the best process, and hopefully the best result, is being discussed between PCNA and Nick now. I think the e-media stuff certainly helped - you should all give yourselves a pat on the back - I am serious about that, this is a great forum because it has great people contributing! But at the end of the day, I would have been surprised if the result was not a settlement before any type of hearing - which is best for everyone!
#124
04-17-2014, 10:18 AM
Big corporations always do the right thing ............ when they're forced to.
#125
04-17-2014, 10:19 AM
Sounds like a great result! Congrats! But the best process, and hopefully the best result, is being discussed between PCNA and Nick now. I think the e-media stuff certainly helped - you should all give yourselves a pat on the back - I am serious about that, this is a great forum because it has great people contributing! But at the end of the day, I would have been surprised if the result was not a settlement before any type of hearing - which is best for everyone!
In any event, I hope he is satisfied with whatever he ends up doing and he doesn't have a bad taste in his mouth after it's done. He's a great guy and trust me, no one deserves to go through this.
ChuckJ
Last edited by ChuckJ; 04-17-2014 at 10:21 AM.
#126
04-17-2014, 10:24 AM
Registered User
Join Date: Jun 2005
Location: Dana Point, CA
Age: 51
Posts: 659
Rep Power: 50 
I hope to see video of you soon behind the wheel of whatever you decide but happy, stress free and enjoying your car.
Many safe miles.
#127
04-17-2014, 10:25 AM
If I was Nick and I thought the car could be driven safely until I could get a new one, I'd go for the replacement and drive this one until that comes in (with no further financing payments). I'm not sure if there will be tax on a replacement but I would certainly look into that as well.
In any event, I hope he is satisfied with whatever he ends up doing and he doesn't have a bad taste in his mouth after it's done. He's a great guy and trust me, no one deserves to go through this.
ChuckJ
In any event, I hope he is satisfied with whatever he ends up doing and he doesn't have a bad taste in his mouth after it's done. He's a great guy and trust me, no one deserves to go through this.
ChuckJ
#129
04-17-2014, 10:41 AM
Awesome. You were supported all the way by both forum and non-forum members. Good to hear PCNA stepped up.
#130
04-17-2014, 10:55 AM
Score one for the little guy. Steinlagers on the house!
#131
04-17-2014, 10:55 AM
Registered User
Join Date: Jul 2012
Location: Just visiting the planet
Posts: 1,055
Rep Power: 85
Too true. Repugnant behavior on their part and THANK HEAVENS for social media.
We'll, at least the rest of us have a precedent when dealing with arrogant companies who feel entitled to our brandy loyalty.
New rules...
We'll, at least the rest of us have a precedent when dealing with arrogant companies who feel entitled to our brandy loyalty.
New rules...
#134
04-17-2014, 11:39 AM
HotHonda, I see your point of not liking PCNA stance on this issue. What I don't understand is one not wanting one of the top cars a consumer can purchased based solely on the situation of another car owner. The only ones you know the complete facts of this situation is Mr. Murray, PCNA, and probably the dealer used. Now its only money if you don't want your car anymore but since I haven't seen you complaining about your car, I think it's rather silly to want to get rid of it because of this situation. Two each his own though. I, like SMATL has mentioned, enjoy every time I go to turn it on. If it doesn't turn on Ill get it fixed. If they can't fix it, Ill use the steps in place to get it remedied. VW didn't want to take back my old jetta initially either. I got an arbitration date, went, and after the judgement they took the car back. It was a lease so the judgement was for me to just turn the car in not having to pay the remaining 15 months on the lease. I wasn't given any past money back, I was just relieved of the remaining payments. I actually bought another VW when I turned it in. All manufactures are going to stick behind their product even if its a lemon. I understood that, sought out the best recourse for me, and was done with it. It sucks when we are the one that gets the lemon but it happens. I hope Mr. Murray get this situation resolved to his satisfaction, but it doesn't affect my view of Porsche one bit. My buddy bought another Ferrari after fighting with them. Why? Because it's a great car. So is a Porsche. Enjoy, whatever car it may be. Good luck.
You are twisting things to suit your mindset + in denial if you think Porsche is doing the right thing here or in other recent debacles i.e. IMS lawsuit, center locks, and who know what else? They fight to the end. Good companies act responsibly....Porsche (in my view) lacks ethics & has developed a "course of conduct" that doesn't work for me.
This P-car is only my second. 1st one WAS a POS - 2000 996, purchased new.
Your future Porsche purchases will make up for what I don't buy.
