Consumer Law, Warranties Auto repair issues - do I have a case?

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bkleinkn

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Cliff Notes:
Took car in to get new engine.
New engine was sold so the mechanic hired a 3rd party to repair current engine.
Paid $1700 of the $2126 bill.
Took 4 months to get the car back.
Got charged extra $300
Was harassed by the mechanic
Tried paying rest of bill but mechanic refused to accept my debit card
paid the remainder in cash
Mechanic stole license plate
Car covered in mold
Check Engine light is on
Me = pissed



On June 25th, 2011 I paid $1100 cash and traded a vehicle for $600 credit towards a bill estimate of $2126, meaning I still owed $426 for services that have not even been started on my vehicle.

My engine had basically blown up and the $2126 estimate was to purchase a new engine, remove the old engine, and install the new engine. The estimate is 6.8 hours of work.

The new engine sold to someone else within hours of my mechanic purchasing it. He told me that he could rebuild the engine and it will probably end up being cheaper anyways, it will just take a little longer. I agreed.

He contacts me a couple days later and says they need to order a Piston from Korea, so it will take 6 - 8 weeks, they will give the part to a machinist to work, and then put it in immediately.

The part arrived in July (Less than 6 weeks later). They gave the part to the machinist and he was supposed to work on it. 2 weeks passed and I hadn't heard a thing. Finally I call to see what is up and the Mechanic says he can't get a hold of the machinist because he is on vacation for a week. That week passes and I call again. This time they "try" getting a hold of him for a week and the machinist didn't answer the phone or return calls.

He has now had the part for a month and not done anything with it.

I try calling myself and he doesn't answer or return calls. Finally the Mechanic calls and said the machinist will be done on Friday. On Friday I call to see if it is done and they pushed it back to Monday. On Monday they pushed it back to Friday, and on that Friday they pushed it back to Monday (again). Once more on Monday they pushed it back to Friday. On Friday they pushed it back to Monday (3rd week in a row now). On That Monday they said it will be here today. I called on Tuesday and they said it will be here Wednesday!

While the above was going on, I contacted the State Attorney General and Better Business Bureau Both basically said they cant do much but try to be a mediator. Both the Mechanic and Machinist ignored the State Attorney and BBB even though they got their letters (They mention the letters to me). I also mentioned getting a real attorney to resolve the issue.


Finally on Friday (over 3 3/4 months later) the Mechanic calls and says he has the engine and will work on Saturday to fix it and that I can pick it up on Monday. I told him I couldn't get it Monday because I work, he was ok with that.

I get a call on Monday while at work and it's the mechanic asking why I didn't come get the car if I "needed it so bad" and was in "such a rush to get it back," I have the voicemails still, it was him calling to harass me.

Later a receptionist called to tell me the final bill was $711, $285 more than he quoted me originally when he said it would be the same or cheaper. I didn't care, I was going to pay it and be done with it.

I go in yesterday (Wednesday, over 4 months after dropping the car off) to pay with my debit card, since they have a sign that says:

"We accept debit/credit cards, and cash. Sorry, no checks."

He refuses to accept my debit card because "You threatened to sue us" and said I have to pay with cash or a cashiers check. I didn't have time as I was on my way to work.

I went back today and paid cash.

I got my car back and my rear license plate (brand new vanity plate) was missing. The license plate frame (the one that was holding in the license plate at the time!) was on the passenger seat of the car. The car was locked when I dropped it off and they were the only ones that had a key. It was locked when I picked it up. They told me they didn't know what happened to the plate and I had to file a police report.

I got in the car and it barely started, but it DID start. I drove it home and on the way my "Check Engine" light came on. I also noticed a terrible stench. I look in the back seat and it is covered in mold, I have pictures of it.

I forgot to mention, my new receipt (the one with the rebuilt engine, not the replacement engine) had 13.6 hours of labor instead of the original 6.8 hours. This is the receipt from the MECHANIC who DIDN'T rebuild the engine. The rebuilt engine was figured in at $846.90, so I don't know where the additional hours came from.

Keep in mind, I didn't hire the machinist, he was subcontracted by my mechanic who I had already paid $1700 to fix the car.

My questions are:

1) Can I sue for breach of contract since it literally took 4 months? The part from Korea took 5 weeks to arrive, they had to machine the parts, and then had 13.6 hours of labor on the car. This should have taken NO MORE than 2 months, TOPS!

2) I know companies can refuse forms of payment, but it is legal to put a sign that says you accept debit cards but then refuse one by saying "We won't accept your debit card because you threatened to sue us" ? I know they could refuse the card, but can they straight up tell me that is WHY they refuse it?

3) Can I sue for mileage, loss of wages, hardship?

For 4 months my boyfriend had to drop me off at work and pick me up every single day. Not to mention drive my kids to and from school. When I got off of work, I would take his car and have to drive to pick him up when he got off of work. This meant waking my kids up at 1am to go get him with me.

He would have to go on break to pick me up from work, so he lost 30 minutes of pay every time (he doesn't get breaks on a normal shift).

We were spending around $400/month on gas, he usually spends about $150/month on gas for his car. His car was required to travel almost 3 times as many miles as usual, each month.

4) Can I do anything about him harassing me on the phone?

5) Can I do anything about the license plate or mold?

6) The "Check Engine" light is on (I have driven 30 miles since getting the car back) and now I have to pay to have it looked at again. PLUS I need to pay to have a 3rd party look at it to make sure they didn't screw anything up on purpose.

7) Can I do anything about the extra $285 I was charged?

8) What about the extra hours to put the engine in?

I've tried attorneys but they are either "at lunch," "in a meeting," "don't cover that type of case," or don't call me back.
 
My questions are:

1) Can I sue for breach of contract since it literally took 4 months? The part from Korea took 5 weeks to arrive, they had to machine the parts, and then had 13.6 hours of labor on the car. This should have taken NO MORE than 2 months, TOPS!

Yes, you can sue. You can sue anyone for anything. The question you want to ask is can you prevail? The answer is NO. But, you didn't have a signed contract. Therefore, you can't sue for breach of contract.


2) I know companies can refuse forms of payment, but it is legal to put a sign that says you accept debit cards but then refuse one by saying "We won't accept your debit card because you threatened to sue us" ? I know they could refuse the card, but can they straight up tell me that is WHY they refuse it?


3) Can I sue for mileage, loss of wages, hardship?

Again, the same general answer applies, yes you can sue. But, you have no cause of action. You let him complete the work, even after all the negative, non-productive encounters.


4) Can I do anything about him harassing me on the phone?

Report him to the police or change your number! The police will listen and tel you this is a civil matter. But, he wasn't harassing you. He was trying to collect a debt. A debt that was secured by a mechanic's lien.

5) Can I do anything about the license plate or mold?

Maybe. You'd have to PROVE who did it. That is about impossible, once YOU accepted delivery of your vehicle and paid in full!

6) The "Check Engine" light is on (I have driven 30 miles since getting the car back) and now I have to pay to have it looked at again. PLUS I need to pay to have a 3rd party look at it to make sure they didn't screw anything up on purpose.

Life sucks sometimes and the law doesn't provide remedy for every discomfort you suffer.

7) Can I do anything about the extra $285 I was charged?


Not now, and in fact maybe not at the time YOU chose to pay his demands. The ship has sailed. You're on the dock.


8) What about the extra hours to put the engine in?



Meaningless, because you accepted delivery of the car and failed to tell him to STOP working on the car!



I've tried attorneys but they are either "at lunch," "in a meeting," "don't cover that type of case," or don't call me back.

Fancy that, OP! That's because you have no case, or such a nothing case, they won't touch it! Think about it, if this was a good case, the AG would have done something about it. This is simply a civil dispute. people disagree all the time.
 
Originally Posted by bkleinkn:
2) I know companies can refuse forms of payment, but it is legal to put a sign that says you accept debit cards but then refuse one by saying "We won't accept your debit card because you threatened to sue us" ? I know they could refuse the card, but can they straight up tell me that is WHY they refuse it?

Yes, a merchant doesn't have to accept anything but CASH.

CASH is legal tender of the land, not checks, credit cards, or debit cards.
 
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