Taken for a Ride

Darkfellow

New Member
Jurisdiction
Maryland
A few months ago, a local shop was contracted by my automobile dealer to replace my windshield. After the work was done, there were noises. I contacted the dealer who asked that I work directly with the shop since the shop was much closer to me that the dealership. The shop was willing to fix the issue but they could not get the noise to go away. I had a good idea what was wrong so I asked the manager to replace the windshield cowl - I believed that the techs broke some of the installation tabs on the cowl when uninstalling the cowl to access the windshield. The shop manager would not listen - "Why replace a perfectly good cowl" was his response. He said the solution was to epoxy the cowl to the windshield. I cringed and protested, but he ignored my protests - "It's better that way," he said. After that didn't fix the problem, he said he'd go 50/50 with me on a new cowl. I reluctantly agreed after he wouldn't listen to my request that we first pull the cowl out to determine exactly what the problem was, and then assign blame if necessary. I did, however, ask that he give me the old cowl after installing the new one. Inspection of the old cowl confirmed what I had suspected, and worse - they broke 7 of 8 tabs and tried to epoxy the cowl in place. The cowl installation instructions do not call for epoxying anything. When I called him to explain what I'd found, he wouldn't listen and hung up on me. I am asking that he refund my 50% since it was his shop that caused the damage to the cowl in the first place. I sent him an email with pictures and gave him until end of may to issue a refund or I'll go to court (small claims is what I have in mind).
 
Ok...do you have a question?

Sorry about that - a couple of questions:
  1. So, going to small claims, do I have a case, seeing that I agreed to go 50/50 with him? But that was before I found out they did bad on the cowl.
  2. The dealership doesn't want to have anything to do with this. This is their contractor and I'm surprised they are not interested. Should I even bother with getting them more involved?
 
do I have a case

Assessing the merits of a case based solely on a few sentences written by only one party to a dispute is folly. Your post certainly makes it sound like you are in the right.

The dealership doesn't want to have anything to do with this. This is their contractor and I'm surprised they are not interested. Should I even bother with getting them more involved?

I see no downside in trying.
 
Assessing the merits of a case based solely on a few sentences written by only one party to a dispute is folly. Your post certainly makes it sound like you are in the right.



I see no downside in trying.

Thanks. And, yes, it's from my point of view. I'm hoping he reimburses me because I don't want to further this if I don't have to, even if it is small claims.
 
A few months ago, a local shop was contracted by my automobile dealer to replace my windshield. After the work was done, there were noises. I contacted the dealer who asked that I work directly with the shop since the shop was much closer to me that the dealership. The shop was willing to fix the issue but they could not get the noise to go away. I had a good idea what was wrong so I asked the manager to replace the windshield cowl - I believed that the techs broke some of the installation tabs on the cowl when uninstalling the cowl to access the windshield. The shop manager would not listen - "Why replace a perfectly good cowl" was his response. He said the solution was to epoxy the cowl to the windshield. I cringed and protested, but he ignored my protests - "It's better that way," he said. After that didn't fix the problem, he said he'd go 50/50 with me on a new cowl. I reluctantly agreed after he wouldn't listen to my request that we first pull the cowl out to determine exactly what the problem was, and then assign blame if necessary. I did, however, ask that he give me the old cowl after installing the new one. Inspection of the old cowl confirmed what I had suspected, and worse - they broke 7 of 8 tabs and tried to epoxy the cowl in place. The cowl installation instructions do not call for epoxying anything. When I called him to explain what I'd found, he wouldn't listen and hung up on me. I am asking that he refund my 50% since it was his shop that caused the damage to the cowl in the first place. I sent him an email with pictures and gave him until end of may to issue a refund or I'll go to court (small claims is what I have in mind).


Cool story bro.

I love the Internet because people tell cool stories everyday.
 
Absolutely yes, write him a demand letter and send jt certified return receipt requested... in the demand letter tell him if he does not make you whole for the money you have put into this as well as time you have now spent in time and research on filing a law suit... also say that if it is taken to court the amount demanded is going to greatly increase once lawyer fees and any additional money or time spent by you is tacked in.

Tell him this is his chance to resolve the matter before it gets to that.

Anyone with half a brain will read that and see you are not playing around. The demand letter is the first step to suing him and it is more or less exactly what you will use in your lawsuit so he will see you have already done most of the work by preparing the demand.

If I had to bet I would say that is all you will need to get him to refund you.


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I would involve the dealer.
You are the dealer's customer.
The dealer contracted the work to the shop.
The dealer has a hand in this.
 
send jt certified return receipt requested.

Why?

as well as time you have now spent in time and research on filing a law suit.

Not compensable.

also say that if it is taken to court the amount demanded is going to greatly increase once lawyer fees and any additional money or time spent by you is tacked in.

Again, time spent by the plaintiff isn't compensable. Also, this isn't the sort of case where lawyer fees would be recoverable.

Anyone with half a brain will read that and see you are not playing around.

Actually, "[a]nyone with half a brain" would know that most of what you're suggesting is nonsense.

If I had to bet I would say that is all you will need to get him to refund you.

I'll take that bet.
 
Absolutely yes, write him a demand letter and send jt certified return receipt requested... in the demand letter tell him if he does not make you whole for the money you have put into this as well as time you have now spent in time and research on filing a law suit... also say that if it is taken to court the amount demanded is going to greatly increase once lawyer fees and any additional money or time spent by you is tacked in.

Tell him this is his chance to resolve the matter before it gets to that.

Anyone with half a brain will read that and see you are not playing around. The demand letter is the first step to suing him and it is more or less exactly what you will use in your lawsuit so he will see you have already done most of the work by preparing the demand.

If I had to bet I would say that is all you will need to get him to refund you.


Sent from my iPhone using Tapatalk Pro

I sent him the letter via email with lots of pics. I understand a certified letter is better - should I go ahead ans also send a certified letter?
 
I sent him the letter via email with lots of pics. I understand a certified letter is better - should I go ahead ans also send a certified letter?

A certified letter is actually pretty meaningless. All it might accomplish is proving that it was delivered, but that really isn't even important at this point.
 
I understand a certified letter is better - should I go ahead ans also send a certified letter?

In what way do you think a certified letter is "better"? Some folks (such as the responder who recommended you use certified mail) seem to think its necessary or somehow more official. While using certified mail might provide you with evidence that the letter was actually delivered, it has no real benefit beyond that. It certainly isn't legally necessary, and it seems unlikely that you might ever need to prove that the letter was delivered. Moreover, some folks are in the habit of refusing to accept certified mail because it often is bad news. Assuming you're confident you have a good e-mail address, I don't see the point in any sort of "snail mail."
 
In what way do you think a certified letter is "better"? Some folks (such as the responder who recommended you use certified mail) seem to think its necessary or somehow more official. While using certified mail might provide you with evidence that the letter was actually delivered, it has no real benefit beyond that. It certainly isn't legally necessary, and it seems unlikely that you might ever need to prove that the letter was delivered. Moreover, some folks are in the habit of refusing to accept certified mail because it often is bad news. Assuming you're confident you have a good e-mail address, I don't see the point in any sort of "snail mail."

I agree with you - that's why I went email first. My concern with email only is that he may not even read his email or it may go to spam.
 
It's only $175.00.

If I were in your position, I'd consider it the cost of pursuing your Doctorate of Lifeology.

We win a couple and we lose a lot.

I'd sigh deeply and let it go.

Sooner or later life catches up to the rascals, scoundrels, and grifters; eventually dealing to them what we all get dealt - THE DEATH BLOW.

None of us are ever gonna get outta this life alive, friend.
 
If I were in your position, I'd consider it the cost of pursuing your Doctorate of Lifeology.

We win a couple and we lose a lot.

I'd sigh deeply and let it go.

Sooner or later life catches up to the rascals, scoundrels, and grifters; eventually dealing to them what we all get dealt - THE DEATH BLOW.

None of us are ever gonna get outta this life alive, friend.

That was how I looked at it at first - but the person I was dealing with is the General Manager. He hung up on me when I tried to discuss the matter with him. That, along with the "I know best attitude" and the lies along the way (every time he'd try to explain away their shoddiness, he seemed to dig himself further in) and how just unprofessional he was, put me over.

I did forward to the Service Manager of the dealership the email I sent to the shop. Hopefully they'll talk to the shop so we can shut this down.
 
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