Help with a forum vendor?

[collector240sx]

You have to notify the person if you are recording a conversation. So if he did record them and didn't tell the person on the other end it will be inadmissable as evidence. Just a fyi

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FYI

Not true, you have the right to record ANY conversation YOU have with anyone without or without there consent. But you can't record a conversation you aren't part off, look it up.

The reason phone operator have to ask you for your permission when they call you, is because if they need the recording they couldn't use it, since your conversation was with the phone operator and not necessarily the one representing the company. (different between personal and third party)

Anyway that's how it was last time I checked, it might have change (would be really surprising) or could be different in different province.

[Terrh]

As long as one of the the parties on the phone knows it's being recorded it's legal in ontario.

The very definition of defamation means it only applies to false statements, and nothing I said here was false, and I'd gladly say that in court. Which is likely what I'm going to end up having to do at this point anyway.

[Terrh]

All of his story is hearsay, we haven't the proof of who is lying and you cant defame someones company without proof or they can take legal action against the poster and the sitehost if they admin don't remove it.

The video of it making noise is kinda proof of it making noise, is it not?

[Xeno-Vibe]

FYI

Not true, you have the right to record ANY conversation YOU have with anyone without or without there consent. But you can't record a conversation you aren't part off, look it up.

The reason phone operator have to ask you for your permission when they call you, is because if they need the recording they couldn't use it, since your conversation was with the phone operator and not necessarily the one representing the company. (different between personal and third party)

Anyway that's how it was last time I checked, it might have change (would be really surprising) or could be different in different province.

"You can record any call as long as you are a party to the calls, according to federal law." However, this is not applicable to law enforcement cases such as evidence for lawsuit. Also, in certain case it is judge ruling as to what may be considered inadmissable even though he (the victim) is calling the business and is not calling on behalf of a corporation.

"For calls originating and terminating in Canada, the first place to look (but not the last!) is the Criminal Code of Canada. Part VI of the Code is entitled "Invasion of Privacy" and addresses the issue of the interception of private communications. In short, it makes it illegal to intercept a private communications unless authorized by the Code (e.g. with a warrant or as part of maintaining the communications system) or unless the consent of one of the parties is obtained. The same holds true for radio-based communications, under both the Code and the Radiocommunications Act, which also prohibits divulging a radio-based communication without the consent of a party to that communication.For private actors (as opposed to agents of the state), we have to also look at general privacy legislation, including the Personal Information Protection and Electronic Documents Act (Canada) aka PIPEDA, the Personal Information Protection Act (Alberta), the Personal Information Protection Act (British Columbia) and an Act Respecting the Protection of Personal Information in the Private Sector (Quebec). None of these statues apply to purely personal endeavours. For example, PIPEDA says:

[3](2) This Part does not apply to ...

(b) any individual in respect of personal information that the individual collects, uses or discloses for personal or domestic purposes and does not collect, use or disclose for any other purpose; or(c) any organization in respect of personal information that the organization collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose."

[Terrh]

Also, forget to mention, report him to Better Business Bureau.

https://www.bbb.org/consumer-complaints/file-a-complaint/get-started

This is a good idea!

I tried just now.

the BBB doesn't deal with Quebec businesses. You have to use the Protection des Consommateurs which is the Quebec version.

The guide to deal with them is here: http://www4.gouv.qc.ca/EN/Portail/Ci...s/accueil.aspx and not available in english.

They have a phone number, 1-888-672-2256, which doesn't work in ontario.

FML.

[Terrh]

"You can record any call as long as you are a party to the calls, according to federal law." However, this is not applicable to law enforcement cases such as evidence for lawsuit. Also, in certain case it is judge ruling as to what may be considered inadmissable even though he (the victim) is calling the business and is not calling on behalf of a corporation.

"For calls originating and terminating in Canada, the first place to look (but not the last!) is the Criminal Code of Canada. Part VI of the Code is entitled "Invasion of Privacy" and addresses the issue of the interception of private communications. In short, it makes it illegal to intercept a private communications unless authorized by the Code (e.g. with a warrant or as part of maintaining the communications system) or unless the consent of one of the parties is obtained. The same holds true for radio-based communications, under both the Code and the Radiocommunications Act, which also prohibits divulging a radio-based communication without the consent of a party to that communication.For private actors (as opposed to agents of the state), we have to also look at general privacy legislation, including the Personal Information Protection and Electronic Documents Act (Canada) aka PIPEDA, the Personal Information Protection Act (Alberta), the Personal Information Protection Act (British Columbia) and an Act Respecting the Protection of Personal Information in the Private Sector (Quebec). None of these statues apply to purely personal endeavours. For example, PIPEDA says:

[3](2) This Part does not apply to ...

(b) any individual in respect of personal information that the individual collects, uses or discloses for personal or domestic purposes and does not collect, use or disclose for any other purpose; or(c) any organization in respect of personal information that the organization collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose."

You consent to recording the call by default if you are the one recording it.

[Dragon Humper]

That's exactly how I read that. That bit only refers to "interception" of phone or radio communication.


Jon.

[Terrh]

Called again today, no answer.

[Terrh]

Drained the fluid and that came out.

I'd bet money on it being a piece of 3rd gear.

JDM still insists it's either a: not broken, or b: that I broke it.

[Dragon Humper]

Yoiks....I think its time to annoy these guys. That looks nasty, broken after some serious heat cycling. I think someone ran that thing dry and drove the snot out of it. How did the fluid smell, burnt?



Jon.

[Fred-R]

ouch! That sucks man!

[cortexx]

Unfortunately you will find that in reality the cost to sue these guys will cost you more than fixing the tranny. The BBB is a smokescreen that allows the consumer to feel good about having an official place to complain about getting ripped off , but is powerless to do anything more than downgrade their own rating of the business . This only affects the vendor if you check the business history of the vendor in the first place - almost nobody does these days.

There are too many unknowns for any court to decide in your favour here. The only way you stand a chance is if you had a third party install it for you that is unbiased and also qualified to testify in court that the box was bad when installed.

As much as it sucks , you are better to put your time and cash into rebuilding it and having a fresh unit than wasting time and money trying to get them to be responsible for it.

This may seem wrong - but karma has a way of punishing places like this , they won't get away with it forever !

[Fred-R]

Unfortunately you will find that in reality the cost to sue these guys will cost you more than fixing the tranny. The BBB is a smokescreen that allows the consumer to feel good about having an official place to complain about getting ripped off , but is powerless to do anything more than downgrade their own rating of your business . This only affects the vendor if you check the business history of the vendor in the first place - almost nobody does these days.

There are too many unknowns for any court to decide in your favour here. The only way you stand a chance is if you had a third party install it for you that is unbiased and also qualified to testify in court that the box was bad when installed.

As much as it sucks , you are better to put your time and cash into rebuilding it and having a fresh unit than wasting time and money trying to get them to be responsible for it.

This may seem wrong - but karma has a way of punishing places like this , they won't get away with it forever !

Words of wisdom here...

[Terrh]

Unfortunately you will find that in reality the cost to sue these guys will cost you more than fixing the tranny. The BBB is a smokescreen that allows the consumer to feel good about having an official place to complain about getting ripped off , but is powerless to do anything more than downgrade their own rating of the business . This only affects the vendor if you check the business history of the vendor in the first place - almost nobody does these days.

There are too many unknowns for any court to decide in your favour here. The only way you stand a chance is if you had a third party install it for you that is unbiased and also qualified to testify in court that the box was bad when installed.

As much as it sucks , you are better to put your time and cash into rebuilding it and having a fresh unit than wasting time and money trying to get them to be responsible for it.

This may seem wrong - but karma has a way of punishing places like this , they won't get away with it forever !

its $85 to go to court. I can't even pull it out of my car for that. And I plan on suing them for the entire cost, and I am pretty sure if I win that I get the court costs and travel time too.

I do agree with you that it seems like the easier option, but I'm the type of person that will do something on principle even if it's not really worth it from any other perspective.

There is literally no way to install this transmission in such a manner to make it break internal parts. It made noise immediately and as soon as I called them and said there was a problem with it they were abrasive and uncooperative. Before they even knew what I was complaining about, it was my fault in their mind. I think I'll do pretty well in court with that evidence.

I offered to the vendor to bring it to a professional transmission shop and have them diagnose the issue but they declined, and said it wouldn't matter what they say.

Karma may do its thing, but then again it may not - Tiger japanese is still ripping people off daily and everyone seems to go there regardless.

I called today after emailing the picture of the tooth, their response was "why didn't I find that sooner" because apparently there's no such thing as hidden damage. Inside a transmission. Where you can't see anything and there's plenty of places for stuff to get stuck.

Oh, I've recorded all my phone calls with them as well, and I plan on using all of them as evidence if I go to court. I've got them admitting to selling it, admitting that it has a warranty, being crazy, the whole nine yards.

[Fred-R]

Wish you good luck man: you know it's gonna take long before the audience, a year or may be more...