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WALMART AUTOMOTIVE RE

Discussion in 'Consumer Fraud & Scams' started by Vkilgore7, Jul 16, 2017.

  1. Vkilgore7

    Vkilgore7 Law Topic Starter New Member

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    How do I get legal action against Wal*Mart ?

    Vickie XXXXXXX, REDACTED, /,

    MORE REDACTED PERSONAL INFORMATION

    Satan’s way of trying to “phase me out”, but you cannot “phase out” those of Christ’s kingdom!


    I need legal help over the purchase of a new battery from Wal*Mart that has to date, Thursday, February 9, 2017 cost me loss of wages of $133,200 (370 work days x 8 hours per day = 2960 payable work hours) x ($45 per hour = $133,200). This does not include the 6 tires that were ruined due to Wal*Mart automotive’s breach of their ownwritten disclaimer stating they do not service your tires unless it is a billable item, meaning they weren’t to touch my tires unless a request to service my tires was written on the bill. They also put water in my oil and overfilled the transmission fluid and the

    bad battery also caused engine damage.


    On March 16, 2016 at approximately 5:30 pm I took my 21’ Class C Chevy RV to Pahrump, NV, Wal*Mart automotive shop, #5101 to install a new battery. I used Wal*Mart’s online tool to determine the battery with correct cold cranking amps and a One (1) year warranty as well as the specifications in the owner's manual for my RV. I showed the technician the Value power 78 battery I wanted installed. He made the comment that "their battery charger didn't work very good". I replied in a very polite voice, "you should ask your manager to open a new battery charger from the shelf". My attitude toward the technician and POS clerk was very positive. I thanked them for letting me park it in the back area of the automotive shop and install the battery in the morning. I visually inspected and checked all 6 of my tires that evening at 54-57 PSI and again the outside tires In the morning of March 17th. I checked the fluid levels, radiator, oil, steering, transmission which were all correct. I went in to buy 50/50 antifreeze/coolant, transmission fluid and oil to have on hand in the RV while they did the battery install. After the battery installation, I drove around Pahrump to complete some errands before heading to Las Vegas to a professional job and to start work. There was a swaying motion I had never felt in the steering. I thought that the steering wheel needed to be tightened up which happened occasionally. I slowly drove it to an area of BLM land, left off Highway 160 onto Panorama Road. I noticed the right front tire was splitting and someone had cut a square chunk out of it. I parked and checked the air pressure to find every tire at 30-35 PSI. I also saw that they had BOLDLY printed on the receipt that the TECHNICIAN's AT WAL*MART HAD LOWERED EVERY TIRE TO 35 PSI without my permission. My RV is a 10 ton vehicle, 35 PSI is appropriate for a mid-sized car or SUV, but not an RV. I only requested that the battery be installed as you can see on the service order and receipt.





    Changing the air pressure in my tires voided Wal*Mart’s own DISCLAIMER stating that:

    1. WAL*MART DOES NOT CHECK THE CONDITION OF A CUSTOMER'S TIRES, UNLESS IT IS A “SERVICE” WRITTEN ON THE WORK ORDER & REQUESTED BY THE CUSTOMER (Tire Service is not written on the bill).

    2. CUSTOMERS SHOULD ENSURE THE PROPER AIR PRESSURE, TREAD GROOVE SIZE & SURFACE ARE CORRECT & CRACK, CUT OR BULGE FREE. (exactly what I did the night before the battery install).





    Big O Tires had already put a good working used (less than 2 years old) tire on and I checked all

    6 tires for correct and balanced air pressure. Of course, I also checked them myself after leaving Big O Tire and I routinely checked the air pressure, surface & tread every one or two days. The PSI lowered to 35 PSI caused damage to all 6 tires and alignment while driving it March 17 - March 28th when I was going to Las Vegas. This could have caused a wreck if I ignored the unusual motion and tried to drive to Las Vegas, but the new battery did not hold a charge consistently and sometimes required a jumpstart, so I canceled my contract work plans until I could get legal action against Wal*Mart. A friend and her husband at Best Western RV park helped me jump the battery shortly after the battery purchase and can verify the dangerously low level to which the technicians at Wal*Mart deflated my tires and a square of 2”x 2” was cut out of the front left tire, yet I did not request any service to my tires on March 17th when the battery was purchased and installed. Wiring may have been damaged or loosened as well.


    The battery I purchased was not properly charged and was not holding a charge. The lack of voltage was sporadic, so I had some diagnostics run to make sure it was not the “newly installed” (within 3 years) generator, solenoid, alternator, starter motor, or other components of the electrical system nor the refurbished radiator. I had a mechanic check those components in Salt Lake City before traveling to Pahrump. I could not exchange the 3 year warranty Sears battery that was not functioning as it should since there was no Sears in Pahrump, so I had Scott McCain do routine diagnostic on the engine & electrical system to make sure it had not caused any damage to the electrical system. Scott McCain had done a tune up on the engine, replacing spark plugs. The wiring to all the electrical components was intact and functioning.


    Low battery voltage can cause the alternator (new as of 03/13/2013) to overheat, so I tried not to drive the RV. On March 28, 2016 a digital voltmeter was used by Autozone to check the battery showing that it was only charged to slightly above 50%. A fully charged battery should read 12.65 volts. A reading of 12.45 volts equals about a 75% charge and is good enough for further testing. Anything less means the battery is low and needs to be charged. I was trying to get a “non-operable” placed on the RV through the DMV to show anyone wanting me to drive it that to avoid damage to the electrical system, I needed a new battery and the RV inspected by another auto repair shop to determine if they had damaged anything else on my RV, due to the tire pressure being lowered when not requested. I refer to this type of damage with my tires as vandalism or criminal.


    There was other damage done since my engine warning light started illuminating for long periods of time when started unlike before Wal*Mart installed the new battery and the starter took longer to start the engine. I obtained the diagram of the engine, hoses, radiator, etc. to check them myself. I found a cut in one of the hoses that appeared to be from an exacto knife which I first tried to seal with tape and sealant. There was also a large amount of white smoke that came out of the exhaust pipes when started. I had the oil checked to find that they had added water to the oil.


    I am single, self-supporting and needed to be employed at other locations as an instructional designer and have not been able to get there because of this. I had secured an appropriate place to park my RV at a person’s house in Las Vegas with a fenced/gated backlot who wanted to buy the RV. My RV has suffered damages from having to remain in Pahrump, NV where there are no jobs in my profession.


    I have contacted several lawyers, local and state government agencies: the highway patrol (had to leave a message, but no return call), DMV, sheriff’s department, State of Nevada Attorney General’s office, Nye County District attorney, so that I will not incur unjust charges for (1) repair damages caused by the faulty battery, (2) malicious damage to my tires/alignment/electrical system & engine (3) loss of wages (4) or unjust fines/charges/parking penalties and (5) fines due to delinquent registration on my RV that I did not want to drive to get around as of March 27, 2016, when again the battery would not hold a charge or turn the motor over and had to be jump started unless I left it on a solar battery charger.


    I went into Wal*Mart again during the week of May 9th at approximately 6:45 p.m. since they close at 7:00 p.m. to request another battery on 1 year warranty. No one was at the inside POS system, so I asked someone in the hydraulic bay area if I could speak to the manager before closing. The technician agreed and said he would come in to find me at the cellphone department, but he did not follow through. When I went back over to the automotive shop the lights were off and no one was there. I needed a good charging battery to get to work. I had to reschedule my interview to the next week.


    I submitted a written complaint to their corporate via the Wal*Mart website only concerning the faulty battery not the tires which I thought would be criminal vandalism. I received a text message from ASM Antonio offering me another new battery and a $25 gift card! I did not include in the written report to Wal*Mart corporate of the dangerously low level to which the technicians at Wal*Mart deflated my tires without my permission and the damage done to my tires, because I was advised to report that to the highway patrol, DMV and Attorney General’s office. While trying to complete the write up and verify any other damages.


    The written complaint to Wal*Mart did not cover the damages done to my tires and the cost of damage to the electrical system such as the alternator, starter, etc.. I went in person to get another battery showing Paul??????, the outside manager the text from corporate. He snapped at me, “You submitted a complaint to the corporate office instead of him or other managers at this location, so they would not install a new battery or honor the $25 gift certificate sent from corporate!” I did go in after the March 17 battery install to try to deal with these people directly, but they closed the automotive shop and did not come out to the point of sale area to speak with me. Considering that the dangerously low PSI could have caused a serious accident, cost of tires and loss of wages, his attitude was unwarranted, unethical and belligerent.



    There is no economical public transportation in Pahrump. I did not want to have to use my RV or a bike to get to any employment which is not comparable to at least $45/hour for which I came here to earn a living by developing an online introductory proprietary course in Linux with Ed Carp who assaulted me at his home office.




    As I stated above, I needed to attend interviews and start work at a several instructional designer opportunities where there was also higher paying part time work. Pahrump is a small community with limited jobs and the battery/tire(s)/resulting engine problems have prohibited me from getting to several job opportunities in another area where there is mass transportation. I am thankful that the husband of a kind and concerned couple, Kathy and Mitch Kendal went back in with me to exchange the battery recently. They exchanged the battery for,a new one, but a year later!


    This is robbing my obedience, tithes & offerings and keeps me from the plans/provisions God has for me to prosper me and depreciates my property by damaging my RV. I consider this vandalism by criminals.


    How do I get legal action against Wal*Mart ?
     
  2. army judge

    army judge Super Moderator

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    I removed and redacted certain personal information and allegation NOT germane to yoru particular legal issues.

    Be very careful when posting personal information and about the form and tenor of allegations you make publicly.

    Nothing I redacted or removed changes the substance of the questions you've posited.
     
  3. army judge

    army judge Super Moderator

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    You can bring a case in small claims court ion your county, or hire a lawyer to bring a case for you in a higher court.

    Here is the link to YOUR Pahrump Justice court, where you can file your action for the damages you allege to have suffered at the hands of Walmart:

    Pahrump Justice Court

    Nevada Justice Courts are courts of limited jurisdiction, created by statute.

    The court hears criminal matters (which include traffic violations), small claims, evictions and civil matters up to $10,000.

    The Justice Court also issues Temporary and Extended Protective orders against Domestic Violence and/or Stalking & Harassment
     
    Michael Wechsler likes this.
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    There is a concept called "mitigation of damages" which will certainly come into play. You are claiming but for Walmart's failure regarding your car, you have been deprived of being able to work at all for over an entire year and at a rate you believe you should be paid. If you want to be taken seriously by a court, I would advise a little biblical brilliance be considered such as the "love thy neighbor like thyself" or "do unto others as you would have them do unto you." If you were being sued for same, consider your reaction and defenses.
     
    army judge likes this.

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