Debra
Super Nomad
Posts: 2101
Registered: 10-31-2002
Location: Port Orchard Wa./Bahia de Los Angeles BC
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Advice please, (my ongoing car saga)
I contacted my car "fixer guy" while I was broke down in SD...asked him to call my guy in SD (Joe Jr. ,thanks again Frank O.) he didn't...blew me off
again as he had done several times that I'd called since he'd rebuilt my engine in March...(I complained, had him out to the house to address my
complaints about a week after "rebuilding" my engine (the first time) called him several more time after that......He even came out again to check on
it. Blew me off (I curse my patience self)
I call him when I get home (Seattle) and tell him again..."Well, what are you going to do about this", he says, "I , I, I, geeze, I've never had this
happen before, I've always fixed what I fix, let me get back to you", I let a week go by, I call him today...I say "Mike, it's been a week, we need to
figure out what you are going to do", ....."I, I, I, UMH....well, you need your heater on the T-Bird replased right", "yes I say, you said you would
do that for $200" He then tells me that that is 10hrs. work ($50 per hr. X 10 suddenly) that is not what he told me) I had told him that while in SD
I'd also had the raditor and cat. converter replased (thinking that that wouldn't be part of his responsabilty of the $1700 bill I had to pay.....then
he tells me that he had told me that back when I'd gotten the engine rebuilt by him (not so!) and he tells me that he has a witness (the only guy that
was there at all was a guy that came to help clean up car parts, and also a guy that my husband had had to fire from his job because the guy came to
work drunk more often than not. I stay quiet and let Mike (car guy) choke on the slience, he says let me call you back in 20mins. It now has been
3hrs. no call!!!!
Okay, now the advise......do I call him again, or just do as I'm thinking? Go to the court house Monday morning and file a suit in small claims
court? I've never done that before (MEAN PEOPLE SUCK!) but, I'm tired of being taken advantage of with my too nice nature. $1700 is some serious
money, and I owe "Banco Humfreville" I also need some tranmission work, should I make a deal with him to get it fixed (at his cost, less I'm sure then
the $1700) and just let the rest go? That is what I'm inclined to do, but, I'm getting POed, he's avoiding me and I'm pretty much tired of it.
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jrbaja
Ultra Nomad
Posts: 4863
Registered: 2-2-2003
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Stand your ground
You are right, he is wrong. Figure out exactly what you feel is deserved without feeling sympathy for him.
Make sure everything that happened is documented and explain to him the trouble he has caused you.
If you have more work needed, you can arrange a fair to both of you trade but, I think you may want a better mechanic anyway.
Then, unless it is worked out on the spot, go to the courthouse and better business bureau or even Marti Emerald for those of you who know San
Diego.
buena suerte.
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wilderone
Ultra Nomad
Posts: 3784
Registered: 2-9-2004
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File a complaint with the Bureau of Automotive repair. https://www.dca.ca.gov/dca/secure/getcarcompl.htm
This is California Law: No work for compensation shall be commenced and no charges shall accrue without specific authorization from the customer in
accordance with the following requirements: Additional Authorization. The dealer shall obtain the customer's authorization before any additional work
not estimated is done or parts not estimated are supplied. This authorization shall be in written, oral, or electronic form, and shall describe the
additional repairs, parts, labor and the total additional cost.(1) If the authorization from the customer for additional repairs, parts, or labor in
excess of the written estimated price is obtained orally, the dealer shall also make a notation on the work order and on the invoice of the date,
time, name of the person authorizing the additional repairs, and the telephone number called, if any, together with the specification of the
additional repairs, parts, labor and the total additional cost. 4) The additional repairs, parts, labor, total additional cost, and a statement that
the additional repairs were authorized either orally, or by fax, or by e-mail shall be recorded on the final invoice pursuant to Section 9884.9 of the
Business and Professions Code. All documentation must be retained pursuant to Section 9884.11 of the Business and Professions Code. d) Estimated
Price to Tear Down, Inspect, Report and Reassemble. For purposes of this article, to ?tear down? shall mean to disassemble, and ?teardown? shall mean
the act of disassembly. If it is necessary to tear down a vehicle component in order to prepare a written estimated price for required repair, the
dealer shall first give the customer a written estimated price for the teardown. This price shall include the cost of reassembly of the component. The
estimated price shall also include the cost of parts and necessary labor to replace items such as gaskets, seals and O rings that are normally
destroyed by teardown of the component. If the act of teardown might prevent the restoration of the component to its former condition, the dealer
shall write that information on the work order containing the teardown estimate before the work order is signed by the customer.The repair dealer
shall notify the customer orally and conspicuously in writing on the teardown estimate the maximum time it will take the repair dealer to reassemble
the vehicle or the vehicle component in the event the customer elects not to proceed with the repair or maintenance of the vehicle and shall
reassemble the vehicle within that time period if the customer elects not to proceed with the repair or maintenance. The maximum time shall be counted
from the date of authorization of teardown. After the teardown has been performed, the dealer shall prepare a written estimated price for labor and
parts necessary for the required repair. All parts required for such repair shall be listed on the estimate. The dealer shall then obtain the
customer's authorization for either repair or reassembly before any further work is done. (e) Revising an Itemized Work Order. If the customer has
authorized repairs according to a work order on which parts and labor are itemized, the dealer shall not change the method of repair or parts supplied
without the written, oral, or electronic authorization of the customer. The authorization shall be obtained from the customer as provided in
subsection (c) and Section 9884.9 of the Business and Professions Code. (f) Unusual Circumstances; Authorization Required. When the customer is
unable to deliver the motor vehicle to the dealer during business hours or if the motor vehicle is towed to the dealer without the customer during
business hours, and the customer has requested the dealer to take possession of the motor vehicle for the purpose of repairing or estimating the cost
of repairing the motor vehicle, the dealer shall not undertake the diagnosing or repairing of any malfunction of the motor vehicle for compensation
unless such dealer has complied with all of the following conditions. (1) The dealer has prepared a work order stating the written estimated price
for labor and parts, as specified in subsection (a) or (b), necessary to repair the motor vehicle; and2) By telephone, fax or e-mail, the customer has
been given all of the information on the work order and the customer has approved the work order; and 3) The customer has given oral, written or
electronic authorization to the dealer to make the repairs and the dealer has documented the authorization as provided in subsection (c) and Section
9884.9 of the Business and Professions Code. Any charge for parts or labor in excess of the original written estimated price must be separately
authorized by the customer and documented by the dealer, as provided in subsection (c) and Section 9884.9 of the Business and Professions Code.
Authority cited: Sections 9882 and 9884.9, Business and Professions Code. Reference: Sections 9884.8, 9884.9, 9889.50 and 9889.52, Business and
Professions Code.
Call the Bur. of Automotive Repair and ask their advice: 800-952-5210 (if in CA).
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capt. mike
Elite Nomad
Posts: 8085
Registered: 11-26-2002
Location: Bat Cave
Member Is Offline
Mood: Sling time!
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raw deal but nice girlz/guyz finish last....
1. small claims. get a judgement easy, collecting on it not.
2. try and get on judge judy - they settle you before you go to moot TV court!
3. sell the P.O.S. car and eat the losses and move the F on.
4. get your husband or someone else with some teeth in their bite and get this piker to perform!
5. ask Dr. Laura.
 
formerly Ordained in Rev. Ewing\'s Church by Mail - busted on tax fraud.......
Now joined L. Ron Hoover\'s church of Appliantology
\"Remember there is a big difference between kneeling down and bending over....\"
www.facebook.com/michael.l.goering |
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BigSwingingVerga
Banned
Posts: 5
Registered: 11-13-2003
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Now, Now, Captn. We need to all take a lesson from Debra's good friend Mike H in his recent post. Forget the Hate, this mechanic obviously has
problems of his own he is dealing with. So if you happen to fall into his web, just show him some love and all will be well and good. Don't worry
about the money or all the time and B.S. he cost you on your trip. We all just need to love one another and practice kindness in the face of these
kinds of things.:moon:
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jrbaja
Ultra Nomad
Posts: 4863
Registered: 2-2-2003
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Taco de Baja
Super Nomad
Posts: 1913
Registered: 4-14-2004
Location: Behind the Orange Curtain, CA
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Mood: Dreamin' of Baja
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Trade the POS car to a dealership, and buy a new one (or a new used one). I recommend a toyota.
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FrankO
Nomad
Posts: 301
Registered: 11-10-2002
Location: Ocean Beach
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Having worked for the BAR once or twice I believe thier jurisdiction stops at the state line. I'm sure WA has a similar entity. The Better Business
Beaureau(sp?) gets good responses. So would parking it outside his business with a large sign on it stating that his works SUCKS! Doing that loudly
and verbally in a dealer showroom where there were prospective buyers waiting got an old car of my fixed pronto and at a very reduced price once. BUT,
you have to be obnoxious.
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Mexray
Super Nomad
Posts: 1016
Registered: 8-30-2002
Location: California Delta
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Mood: Baja Time
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I wouldn't drop one more red cent of my hard-earned money on this guy!
1. In view of the sloppy work he did to your machine, in the first place - I wouldn't let him touch it EVER AGAIN!
2. If Washington State has something like Calif's BAR - call them and file a complaint - a little push from a bureaucrat usually doesn't hurt. In
Calif, they actually phone up the shops involved and have a 'friendly' chat with the manager/owner about the problem - they can be mighty
intimidating!
3. check around with friends and work-buddies to fine a good place to get your other work done. When you got to the actual shop to get the work done,
take a quick look around...is the place a mess? If so, maybe it's better to check out another shop...
4. if all else fails...in view of all the work done under the hood recently, there's a good possibility that there might be a small 'fuel leak', with
a damaging fire the result (wink, wink, wink)...make sure the insurance's paid up, and it's parked out in the open somewhere....just kidding, of
course!
According to my clock...anytime is \'BAJA TIME\' & as Jimmy Buffett says,
\"It doesn\'t use numbers or moving hands It always just says now...\"
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BajaNomad
Super Administrator
Posts: 4978
Registered: 8-1-2002
Location: San Diego, CA
Member Is Offline
Mood: INTP-A
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I wouldn't want that guy to touch any vehicle of mine any further. Take alternate action/choices as necessary/appropriate.
When I was young, I admired clever people. Now that I am old, I admire kind people.
– Rabbi Abraham Joshua Heschel
We know we must go back if we live, and we don`t know why.
– John Steinbeck, Log from the Sea of Cortez
Affordable Domain Name Registration/Management & cPanel Web Hosting:
https://www.regionalinternet.com |
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Mike Humfreville
Super Nomad
Posts: 1148
Registered: 8-26-2003
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Too many good threads to keep up!!!
While we all deserve better treatment than dealing with businesspeople that want to sell more than they have and it's difficult (more for a guy
perhaps than a gal) to walk away from someone that you feel might be using you, like others that have posted here, unless that certain someone has
crossed some invisible line that says they're really out to TAKE you, I think you're better off to forget and walk away.
It's not that I like seeing the bad guys win. But I believe most likely, from hearing your story, that the guy just isn't a qualified mechanic, and
is looking to make money he needs for whatever and that all you'll get is heartburn from beating him up and anyway that is unlikely.
If you feel he has any conscience, try this: print out all of this thread and your friends recommendations and put them in front of him. If he's a
caring person he'll try and do the right thing. If he isn't he'll, once again, blow you off. But at least then you'll know who you're dealing with.
Good luck and keep us posted.
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Debra
Super Nomad
Posts: 2101
Registered: 10-31-2002
Location: Port Orchard Wa./Bahia de Los Angeles BC
Member Is Offline
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Thanks everyone
I've though about the BBB and the "Judge Judy" route. That will be by first action if I can't get it resolved with him directly.
I also thought of the "go to his place of business" route, but he is a moble service (so I thought about taking out an ad in our local news paper,
this is a very small community!)
This guy has a very good reputation in town, I just think this one got over on him, don't know why. He also worked for Toyota as a repair guy before
going out on his own.
I've also thought about selling it, but, I'd not do that to anyone without full disclosure (I not that type of person, the guilt would eat me up!)
Besides I really like this rig and it's running so great right now (except for the tranny problem, I'd hate to get rid of it) Becides, I'd loose my
"Camp Gecko" decals (there are no more of them) not to mention my other stickers! 
I think I'm going to call him one more time and threaten him with a law suit, and give him one last chance to make it right.
I'll let everyone know how this turns out. Thanks, Debra
PS, Mexray: If I followed the messy shop rule I would have never let "Joe Jr.s" shop put their hands on it! (Frank O's recomendtion in SD) They were
GREAT!
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Rockeeroad
Newbie
Posts: 10
Registered: 9-29-2003
Location: Ripon, CA
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Debra
This is why I always use my VISA card whenever possible--especially for vehicle repairs. At least you can file a complaint and probably have a better
chance of getting a charge back.
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FrankO
Nomad
Posts: 301
Registered: 11-10-2002
Location: Ocean Beach
Member Is Offline
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Small claims court
The beauty of a judgement there is that w/a little tiny bit of paperwork at the county you can attatch a lien on whatever property or business
holdings this guy owns. That way when he sells, well, you get first call. It is written in a court order and whoever the buyer is gets a royal fooking
until the liened motherfooker pays up. You've got to look at it like a savings account.
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wilderone
Ultra Nomad
Posts: 3784
Registered: 2-9-2004
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You don't have to wait for a lien payoff. Once you get a judgment, you can request the Sheriff to go in and tap the till. They literally go to the
cash register and take the money owed you.
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Debra
Super Nomad
Posts: 2101
Registered: 10-31-2002
Location: Port Orchard Wa./Bahia de Los Angeles BC
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Well, thanks again guys.....
I did make that "one last call".....to his cell phone and his business phone, left messages at both......he didn't return my calls,I really don't
think this is a case of someone that is a "bad guy" I just really think that he "blew it' and dosen't know what to do.....thing is, he is "blowing" me
off and I won't and can't deal with "it"....so, I'm going camping in Eastern Washington this next weekend, and will file suit (as much as I hate to do
that) when I get back next week.....Happy Labor Day and Good Camping Everyone.....and thanks for all off the good advice! I really thank you...Debra
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Mike Humfreville
Super Nomad
Posts: 1148
Registered: 8-26-2003
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Chew on this...
You can attack an innocent but bumbling dweeb. Or you can attack a dude that has intentionally set out to hurt, steal from you. Deb, how will you
ever know? And if you hurt the dweeb have you helped by putting him in jail (not gonna happen anyway) and he's tryin to feed his kids. If you know
the dude's bad, I mean BAD and ripping off others and without a heart, burn him. But you'll never know and all you'll do is burn yourself with
hatred. Move beyond this.
I know you think he took you. But you have a choice: you can let him cause you to hate deeper into a situation over which you have little control, or
you can look to the future, realize that the vast majority of us are trustworthy, and continue through life. I guess we just need to realize that
there are a small percentage of us out there that are lurking. But we can't waste our lives preparing for the bad stuff.
Take your (AS YET UNNAMED) truck to Baja, one last time. Run it hard, down the east coast road. Really beat it up big time until it has nothing left
to give. You'll give it life and you'll feel that it was YOU that caused its demise. Then bury it in your back yard and go buy something from
someone you know and trust and then all will be well.
By the way!! I just thought of this!! I have a great Isuzu I'll sell you! And it's already in Mexico!
Wha'd'ya think???
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Debra
Super Nomad
Posts: 2101
Registered: 10-31-2002
Location: Port Orchard Wa./Bahia de Los Angeles BC
Member Is Offline
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HAAAA!!!
"Feeding Kids"  No, I'm the only one feeding kids! I'ts okay
Mike......I'm not "attacting an innocent but "bumbling dweeb", I'm just demanding that what I paid for is taken care of.......
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Mexray
Super Nomad
Posts: 1016
Registered: 8-30-2002
Location: California Delta
Member Is Offline
Mood: Baja Time
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Debra...
I sure hope everything works out in your favor...
In my view, it's simple...
you 'contracted' this shop to preform a task...
You paid them in good faith to perform the task...
They failed to uphold their end of the 'contract'...
You are entitled to recourse - they should complete the 'contract' as originally agreed, or return your payment (or whatever part you can agree on).
While the 'rebuild' wasn't satisfactory, part of the work done, or parts replaced, may have been 'OK'.
I sure don't see this matter as one of you trying to 'get back' at this guy, etc...A deal is a 'deal' and he didn't hold up his end! He runs a
business - he should do the job for the money you agreed on - and it sounds like he hasn't yet done the job, as agreed!
I'm not a 'Sue the Bastards' kind of a person, but if this guy won't step up to the bar to make things right, you have every right to hit him with a
'small-claims' action. A 'contract' is a 'contract'!
According to my clock...anytime is \'BAJA TIME\' & as Jimmy Buffett says,
\"It doesn\'t use numbers or moving hands It always just says now...\"
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David K
Honored Nomad
Posts: 64532
Registered: 8-30-2002
Location: San Diego County
Member Is Offline
Mood: Have Baja Fever
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That is correct Ray!
Mike H., what is to prevent this fellow from doing the same thing to other customers if there's no consequence for his actions or lack there of to
Debra?
How long would I (or anyone) stay in business if I didn't do what I was paid to and refused to correct a problem, be it real or conceived?
His ignoring Debra is proof to me he knew he ripped her off. I think it is criminal to send a woman and two children to the Baja desert in a vehicle
that is going to fail.
Any Nomad lawyers out there???
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