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    CaptainRich's Avatar
    CaptainRich Posts: 4,492, Reputation: 537
    Cars & Trucks Expert
     
    #1

    Feb 3, 2008, 11:02 AM
    Do I have a case?
    Over the past several weeks, I've encountered unsatisfactory service from an automotive repair facility.
    First, the car wasn't repaired properly. During that visit, other services were requested and agreed to. The parts delivered, but then that repair was subsequently not performed.
    Then, when the car was returned to have the original deficiency alleviated and to have brackets and bolts installed correctly, more parts were supposedly needed, but that didn't fix it either.
    The shop owner called me and indicated that alternate transportation had been arranged and to bring the car in. But when I got there, that transportation wasn't available, thus requiring yet another visit.
    Now, the vehicle is allegedly repaired properly. However, due to heavy traffic I realized that I would be slightly late picking up the vehicle, so I called the shop and spoke to the owner, telling him I was running late. He said he would wait, but when I got there, only three minutes after closing time, the place was closed and dark. Now the car has sat all weekend and I will need to again arrange a ride to the shop. That's five round-trip visits, each about fourteen miles, just to correct their error.

    My question is: does not performing the requested services constitute breech of (verbal) contract? The reason I ask this is because the work is still necessary. If it had been done during the initial visit that repair would have been part of an overlap, but now will cost more to do.

    Also, should I be seeking a refund for parts and labor that are unrelated to the actual repairs? And should I seek compensation for having to make 5 separate trips to get the car fixed and returned to me?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 3, 2008, 04:43 PM
    You should ask the owner in for a discount based on your added expenses.

    If not, there is a good chance for small claims case
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Feb 3, 2008, 07:06 PM
    I always get a written estimate before I get any work done on my car and I'm a girl! The fact you are out money and time going back and forth is something you'll have to live with. You didn't mention just what work was supposed to be done on the car and wasn't. What was their excuse for not doing the work in the first place? You and the owner need to get things straightened out properly before you let them touch your car again.

    If I were you I would get another mechanic pronto. I've had good luck with the mechanics I have used in the past. I always try to be on site when any work is done to my vehicle. I know sometimes it is not easy to do, but if at all possible I am right there reading a book waiting for my vehicle or right there under the car asking questions about what is going on.

    One time I had a brand new Dodge Van. It was only 3 months old and had a main seal oil leak. I had to go back to the dealership and drop off my van TWELVE different times until they actually did the work and fixed the leak. I was furious to put it mildly as I had to go to work all day and could not be there to watch them do the work. I wrote a letter to the owner of the dealership and the next time I had an "appointment" to get the van fixed properly - it was actually fixed. It was a 5 cent part and $500 to get to it and the fact that I was a girl they tap danced all over me as they were lazy. I simply mentioned in my letter that I would be happy to inform the local newspaper, TV station, etc and all my friends just how wonderful their repair department was having to practice on my van twelve different times in order to fix it properly at that dealership and the owner got the hint.

    Don't understand your phrase of "Also, should I be seeking a refund for parts and labor that are unrelated to the actual repairs?" Did they actually fix anything on the vehicle at all? Did you pay for parts that were not installed on the vehicle? Who has the parts?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Feb 4, 2008, 09:21 AM
    Quote Originally Posted by CaptainRich
    Over the past several weeks, I've encountered unsatisfactory service from an automotive repair facility.
    First, the car wasn't repaired properly. During that visit, other services were requested and agreed to. The parts delivered, but then that repair was subsequently not performed.
    Then, when the car was returned to have the original deficiency alleviated and to have brackets and bolts installed correctly, more parts were supposedly needed, but that didn't fix it either.
    The shop owner called me and indicated that alternate transportation had been arranged and to bring the car in. But when I got there, that transportation wasn't available, thus requiring yet another visit.
    Now, the vehicle is allegedly repaired properly. However, due to heavy traffic I realized that I would be slightly late picking up the vehicle, so I called the shop and spoke to the owner, telling him I was running late. He said he would wait, but when I got there, only three minutes after closing time, the place was closed and dark. Now the car has sat all weekend and I will need to again arrange a ride to the shop. That's five round-trip visits, each about fourteen miles, just to correct their error.

    My question is: does not performing the requested services constitute breech of (verbal) contract? The reason I ask this is because the work is still necessary. If it had been done during the initial visit that repair would have been part of an overlap, but now will cost more to do.

    Also, should I be seeking a refund for parts and labor that are unrelated to the actual repairs? And should I seek compensation for having to make 5 separate trips to get the car fixed and returned to me?

    Of course, you can always go to Small Claims Court, make your case, ask for anything you care to ask for and let a Judge decide.

    I do know they wouldn't have their hands on MY car now - or ever again!

    Is this a dealership garage or an independent? I had enormous problems with a dealership - didn't make repairs, made the wrong repairs, gave someone else my car keys - and I sued the auto maker and won... was a nightmare but I was reimbursed for all my out of pocket and they threw in a couple of dollars to make me happy. I then traded the car (at a big loss), bought another make and bad mouth the first manufacturer every chance I get!
    CaptainRich's Avatar
    CaptainRich Posts: 4,492, Reputation: 537
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    #5

    Feb 4, 2008, 01:48 PM
    Just an update: after the car sat in his parking lot all weekend, I picked it up today and the service engine soon light is still coming on!! :mad: :mad:
    I asked to speak to the owner about my frustrations and I could barely get a word out. He kept interrupting me and said that he would never work on my cars again. I couldn't even tell him that wasn't going to be an issue. Now I still have to make arrangements to get a ride back over to his shop and pick up my other car. (He's not working on this one; it's only my ride over there to pick up the one he "fixed") Plus, now I've got to find a shop that can actually fix my car and to the additional work that is needed.
    I guess it's time to get my ducks in a row and file with small claims! :rolleyes: He doesn't realize that it will cost him more this way than if he'd just done what was asked of him in the first place. :cool:
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Feb 4, 2008, 01:56 PM
    Quote Originally Posted by CaptainRich
    Just an update: after the car sat in his parking lot all weekend, I picked it up today and the service engine soon light is still coming on!!! :mad: :mad:
    I asked to speak to the owner about my frustrations and I could barely get a word out. He kept interrupting me and said that he would never work on my cars again. I couldn't ever tell him that wasn't going to be an issue. Now I still have to make arrangements to get a ride back over to his shop and pick up my other car. (He's not working on this one; it's only my ride over there to pick up the one he "fixed") Plus, now I've got to find a shop that can actually fix my car and to the additional work that is needed.
    I guess it's time to get my ducks in a row and file with small claims! :rolleyes: He doesn't realize that it will cost him more this way than if he'd just done what was asked of him in the first place. :cool:

    Well, looks like he made the decision for you -

    Love it when HE screws up and HE'S not going to work on your cars any longer.

    Amazing! Yes, I'd be at Small Claims Court with a list of every penny this whole episode cost you!

    Did you check with the Better Business Bureau to see if there are other complaints?
    CaptainRich's Avatar
    CaptainRich Posts: 4,492, Reputation: 537
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    #7

    Feb 4, 2008, 02:03 PM
    Quote Originally Posted by JudyKayTee
    Well, looks like he made the decision for you -

    Love it when HE screws up and HE'S not going to work on your cars any longer.

    Amazing! Yes, I'd be at Small Claims Court with a list of every penny this whole episode cost you!

    Did you check with the Better Business Bureau to see if there are other complaints?
    Yes, I checked w/ BBB. They don't have anything on him... yet! They will by the end of this week.
    His is a small independent shop were he is owner/operator.
    I've written up a short list of the things that I want to present to the small claims. Could I send you a PM and have you peruse what I've written? Nothing official just a second opinion...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Feb 4, 2008, 02:26 PM
    Quote Originally Posted by CaptainRich
    Yes, I checked w/ BBB. They don't have anything on him ... yet! They will by the end of this week.
    His is a small independent shop were he is owner/operator.
    I've written up a short list of the things that I want to present to the small claims. Could I send you a PM and have you peruse what I've written? Nothing official just a second opinion...

    Sure - and thanks for asking first.

    A second opinion works for me.
    CaptainRich's Avatar
    CaptainRich Posts: 4,492, Reputation: 537
    Cars & Trucks Expert
     
    #9

    Feb 4, 2008, 02:27 PM
    Quote Originally Posted by twinkiedooter
    Don't understand your phrase of "Also, should I be seeking a refund for parts and labor that are unrelated to the actual repairs?"
    He misdiagnosed one sensor and it was expensive, and didn't fix the car.
    Did they actually fix anything on the vehicle at all?
    One concern was repaired but their shoddy work required additional repairs.
    Did you pay for parts that were not installed on the vehicle? Who has the parts?
    I paid for ALL the parts. He installed one of the sensors but while doing so caused other problems. The other sensor (that he mis-diagnosed) was installed elsewhere as he won't be working on my car again. The gaskets that I requested changed were delivered to him in their original package but when he didn't do that repair, the gaskets were not in their package and left on the front floor. I still need to have them replaced but if I needed to return or exchange them, he kept the packaging!
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #10

    Feb 4, 2008, 05:55 PM
    Honey, sometimes it's hard to properly diagnose a car's problem. Sensors are not the easiest things to do. I once had a car that I practically lived at my master mechanic's garage and no one could properly diagnose the problem until the thing actually went totally and quit working. This mechanic had literally every expensive diagnostic gadget you could think of in his shop (he worked on Mercedes, Rolls Royces, as well as my Chevy Cavalier). He changed out a bunch of things and the car would still die after I drove home and would drive anywhere. He changed everything except the steering wheel cover!

    Keep the gaskets and take them somewhere (like an auto supply house) to see if they will fit your car. They probably will. Sometimes another mechanic will let you bring your own parts - some don't. If you lived near Ft. Lauderdale I'd tell you where to take your car to get fixed properly.

    Also, what kind of car, year?
    wewed100606's Avatar
    wewed100606 Posts: 228, Reputation: 36
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    #11

    Feb 4, 2008, 06:25 PM
    Quote Originally Posted by twinkiedooter
    Honey, sometimes it's hard to properly diagnose a car's problem. Sensors are not the easiest things to do. I once had a car that I practically lived at my master mechanic's garage and no one could properly diagnose the problem until the thing actually went totally and quit working. This mechanic had literally every expensive diagnostic gadget you could think of in his shop (he worked on Mercedes, Rolls Royces, as well as my Chevy Cavalier). He changed out a bunch of things and the car would still die after I drove home and would drive anywhere. He changed everything except the steering wheel cover!!

    Keep the gaskets and take them somewhere (like an auto supply house) to see if they will fit your car. They probably will. Sometimes another mechanic will let you bring your own parts - some don't. If you lived near Ft. Lauderdale I'd tell you where to take your car to get fixed properly.

    Also, what kind of car, year?

    I understand your frustrations Rich, but a lot of people don't understand how difficult cars are to work on today. Especially Check Engine Lights etc. I am not a mechanic, but I know plenty of them and I depend on a lot of them for my business. The key is communication. When something isn't what you expected, talk calmly to the man that worked on your car and find out why. Getting huffy at mechanics, or anyone for that matter, when they are doing their job will just piss them off. You obviousley cannot do the work yourself, so who are you to judge how long it will take and how many troubleshooting scenarios they have to go through to diagnose? They could have just told you that youneeded a new engine, or over charged the livin' bejesus out of you.

    They way the shop owner didn't live up to his promises was very un-professional and he should be ashamed, but by the sounds of it, you may have made him a bit reluctant to help you out early in the initial stages of the work.

    You should be compensated. You should have gotten it handled by the shop though, now it is definitely a mountain out of a mole hill.
    CaptainRich's Avatar
    CaptainRich Posts: 4,492, Reputation: 537
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    #12

    Feb 4, 2008, 06:55 PM
    What I'm talking about isn't something outlandish or even remotely unreasonable.
    He did shoddy work and when I took the car back to let him satisfy his own warranty, he became gruff and condescending, even rude. I stated before, he hardly let me say a word, yet I remained calm and continued to try to explain what I was there for. I have my car back and I had yet another qualified line tech look at it and his impression is the work was done poorly.
    I know what it's like to not fully understand when an average customer tries to tell you about their car concerns. He simply didn't want to hear from another tech that his diagnosis and thoroughness was in question. He didn't take the time to do the job right the first time, how's he going to feel about having to do it again, this time for free??
    I tried to give him a chance to correct his wrong, but he didn't do that. Now, after all that running around and spending money for him to experiment, I have my car back with virtually the same problems. Put yourself in my shoes and I think you'd feel just as upset.
    wewed100606's Avatar
    wewed100606 Posts: 228, Reputation: 36
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    #13

    Feb 4, 2008, 06:56 PM
    "CaptainRich agrees: Please read my profile. The only reason I'm not doing the work is due to a herniated disc. I know what I'm talking about and I know that he was wrong in the way he's treated me and my car."

    Not to be negative or nit picky, but you have all that experience and you don't have a FRIEND in the same line of work you can trust to work on your cars since you can't? I don't know about this deal... that is a testament to something, but I have no idea what. Just a really weird situation now... does this guy know you are a wrencher? Yeah... I don't know man... I am out on this conversation, it just doesn't make sense to me. Peace to al and to all a good night!

    Good luck in your fight!
    CaptainRich's Avatar
    CaptainRich Posts: 4,492, Reputation: 537
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    #14

    Feb 4, 2008, 07:03 PM
    The vehicle was in a used car lot inventory when that car lot took the vehicle to that repair facility for the work. Taking it to him wasn't my idea. I wasn't told he had it until it was already there.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #15

    Feb 4, 2008, 07:11 PM
    Didn't know about your back. Sorry. I have 5 discs in my neck and lower back that are permanently messed up so I comiserate with you. Didn't know about you knowing car repair. I don't normally read other people's profiles as a rule.

    Sometimes car repairs can be worse than aggravating. Sometimes mechanics are worse than doctors when it comes to properly diagnosing and fixing problems. I am sorry you were treated so shabbily. No one needs that kind of treatment seeing as you know better.

    Well, look at the bright side. At least the jerk didn't replace the gaskets! Who knows what kind of problems you would have with your car then!

    Hopefully you can get your sensors fixed and go on to get the rest of the services done properly. When you have a new person look at your car, you can patiently tell them what to do since you know how to properly repair the vehicle. I don't see anything wrong with that scenerio. I do it all the time as I can't do the repairs myself.

    Definitely report his happy behind to the BBB for his shoddy work for starters. Then when the car is properly repaired you can file a small claims suit for your damages. Until you get everything finished, you have no idea just what total dollar amount you're out.
    wewed100606's Avatar
    wewed100606 Posts: 228, Reputation: 36
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    #16

    Feb 4, 2008, 07:52 PM
    Quote Originally Posted by CaptainRich
    The vehicle was in a used car lot inventory when that car lot took the vehicle to that repair facility for the work. Taking it to him wasn't my idea. I wasn't told he had it until it was already there.
    So?? Is it your car or the used car lots car? This sin't making a whole lot of sense... these little details that keep creeping in would be helpful in the original post, why don't you give us the whole story... are you even paying for the work?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #17

    Feb 5, 2008, 07:02 AM
    Quote Originally Posted by wewed100606
    So??? Is it your car or the used car lots car? This sin't making a whole lot of sense...these little details that keep creeping in would be helpful in the original post, why don't you give us the whole story...are you even paying for the work?

    I believe he asked for legal advice, not attitude.
    CaptainRich's Avatar
    CaptainRich Posts: 4,492, Reputation: 537
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    #18

    Feb 5, 2008, 07:11 AM
    I purchased the vehicle with the understanding that the check engine light concern would be repaired. The lot owner negotiated the repair with the independent shop and transferred that warranty to me. He has also given me the right to speak on his behalf because he runs a small shop. It is simply easier for him and me to deal directly with the independent shop. The cost of that repair was transferred into the car deal. So, yes, I am paying 100%.
    I'm truly beginning to wish I hadn't bought this car.
    I only want to be treated fairly. Is there something wrong with that? I know no matter how much detail I try to provide, there will be more questions. Fair is fair. That shop charged to repair the car but caused more problems and now won't back his word.
    CaptainRich's Avatar
    CaptainRich Posts: 4,492, Reputation: 537
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    #19

    Feb 5, 2008, 07:13 AM
    Quote Originally Posted by JudyKayTee
    I believe he asked for legal advice, not attitude.
    Thank you. I did sense some sarcasm, but I don't mind any additional questions.
    Now either I didn't explain clearly or wewed didn't fully understand what I said.

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