TIMSPEED

Well, here it is a solid NINE months after I put my vette in the shop and I HIGHLY doubt it's even NEAR done...I feel so bad...I'm going out 2moro to look at it, how many of you wanna bet it's STILL nowhere near done!
As this leads to my real quam...
IF I go out 2moro and my vette is NO MORE done than it was a SOLID MONTH ago...what course of action should I take?
Here's the scenario and some dates....
1/1/03:
I dropped my vette off in the seemingly MORE than capable hands of Fernando (The bodyman)
1/14/03:
I meet with Fernando as well as my Insurance Claim's adjuster at Fernando's shop and we discuss what needs to be done to the car and everything. Fernando makes us all aware that he's backed up and won't be able to start on the car until February 1st...which we all agree is OK.
3/6/03:
After trying to get ahold of Fernando in the month of February, we were unsuccessful, but we FINALLY got to meet with him. On this day, we made up a contract and signed it. Fernando ASSURED us that it would take a MAXIMUM of 60 days...NOW, on the contract it states "Estimate expires 30 days after date." At this date also, the insurance issues us a check in the amount of the estimate agreed upon by Fernando, myself and AAA.
5/21/03:
In hearing no word from Fernando since the date of contract signing, I decided to pay him a visit. (Keep in mind: His shop is a 45 minute ONE WAY TRIP from my house) Low and Behold, the car has only been sanded once-over, although the new front bumper has arrived.
5/30/03:
Fernando told me a week prior that he would really be working on my car, so I took his word for it and took ANOTHER ride out today...the car had been worked on, it was in the first stage of primer.
6/28/03:
In hearing no word from Fernando, I decided since it was a month later, that MAYBE my car would be 99.9% done...WRONG! BUT...at least it was painted, but still needed to be wet-sanded and possibly another coat of clear applied. Both front and rear bumpers weren't attached, as well as no sign of the new hood. BUT, Fernando said "No worries Tim, I'll have your car looking like a show car and ready for you on July 13th, no later."
7/21/03:
A WEEK after previously said due date, I took a ride out to Fernando's shop, only to find that he had closed shop for the day (At 2pm on a MONDAY!) I didn't even BOTHER calling him, because I knew what my answer would be...
8/15/03:
In speaking with a fellow forum member, I found a good hood ready to rock for half the price fernando was charing me...BIG fiasco! Don't even wanna go into the crap about the hood. BUT, FINALLY Fernando said he was getting a hood the NEXT day (Mind you, all this time and he STILL didn't have a hood! :mad)
8/18/03:
So, it's monday and I went out to see if infact Fernando DID get a hood...He FINALLY has a hood. He SWEARS to me that the car will be done AT THE LATEST next tuesday...
9/2/03:
Went BACK out to Fernando's to check on things, because he said it would FOR SURE be done today. Of course, he's no further along then last week. At this time, he tells me "You know what Tim, after your car man, I'm done, I'm not gonna paint cars anymore. I'm through." :skep: :nono: So, don't you think when he said, he's basically saying "I'm DONE with your car."
9/12/03:
Went BACK out to Fernando's to check on things...no sign of him. Called him up this time, asked him "Hey Fernando have you worked on my car since the last time I talked to you?" "You know Tim, I haven't, I wished I could say I could, but I haven't." I immediately hung up the phone...
---------------------------------------------------------------------
Now, I wanna let you all know...this guy "Fernando" is an ex-con. (I found this out MUCH time after I put my car in his shop.) I've also come to realize that he's a habitual liar....Now, the dilemma I sit in right now...is my car MUST be registered/smogged by November 28th...But I mean, after all this time, what's top stop him from taking ANOTHER few months? Also, in the big fiasco with the hood, I lost $200, which I RECORDED him telling me he would take $200 off the estimate for my monetary loss. But, being in good business standing and taking all this time with my car, shouldn't he take MUCH more off the estimate? Should I get a sherrif to go and get my car out of his shop, and then take it to a WELL KNOWN RECOMMENDED Body Shop and let them finish the job and NOT pay Fernando AT ALL?
What would the forum do?
:cry :( :nonod: :sad:

CentralCoaster

That sucks dude. Some people are just hard to motivate I guess. You have to be creative in your approach.

Fr Guido Sarducci

Call the insurance company, he is ripping them off too.

Mr. Magoo

I'd get the car out of there and send it to another body shop.
Oh and I'd probably knock Fernando out cold. :mad

TIMSPEED

That's just it...AAA ISN'T involved anymore, when they cut me the check for the repairs at his shop, they got out of the picture. At the TIME, Fernando seemed like a good guy... :nonod:

TIMSPEED

Well, I've often thought about doing just that...his shop is seriously in the middle of NOWHERE...of course, I'm SURE he's packin at ALL times.

Jet-Jock

I didn't see any comments about what the insurance company is saying about the situation. You should make them aware of the situation if you haven't and demand to know what action they will take.

Next I would contact an attorney, usually a consulation is free, and ascertain what your rights are. You'll need a review the contents of the contract as well as your rights stated under your insurance policy. If the attorney charges a small fee it would be well worth it.

He may advise filing a claim with the courts to get an emergency injunction. With that in had, a sheriff can accompany you to retrieve the property.

I wouldn't tell the insurance company your going to consult with an attorney because at that point they will cease conversation with you.

I would not tell the shop what you intend to do or make any threats. They have your property and it could be at risk.

You need to find out what your legal rights are. Put the law on your side.

Afterwards you'll know where you stand what you can do, and once you've recovered the vehicle and it is safely somewhere else and you know what the insurance company will be doing. Then consult the attorney further about your rights to file suit for recovery of other damanges as well as punitive action. It could involve the shop and the insurance company. So keep your legal proceedings quite until the attorney or clerk of the court notifies them.

Good luck.

TIMSPEED

The day AAA cut me the check, AAA became officially out of the loop. The lady WARNED me about this...but at the time, I had NO fear of it...oh boy, was I wrong. :nonod:
Well, the reason the car is in the shop, is because of an accident, which I have an attorney for in the case, so I may speak with him about this matter aswell.


[Modified by TIMSPEED, 5:44 AM 9/25/2003]

03whitecoupe

You need a lawyer. What he's doing is ridiculous. I feel for you. You've been more than patient and the time for action is now. Contact an attorney and see if they have any advice on how to handle it. Good luck.

MrNuke

I think Fernando wants to go back to the Joint and become a female again. :lol:
I'd call the police right away explain and have them come with me to pickup the car with me due to 'fear of problems with that ex-con'.
have you actually paid him upfront? If yes, why? If not, then he has no right for the money as he's 7 months behind schedule, and you can deduct a LOT of costs that incured due to your 'loss' of the cars' use :blueangel: .

Sorry for this dilemma, man. I personally would have yanked my car out of there the 2nd time he was late/wrong about the work being done, but that's just me.

Also if it makes you feel better, you can always get a taser and Zap his azz, and make him pee himself. :jester

hz900

OK from what I can tell you haven't given him any money yet, and if you have well then you somewhat deserve a PITA situation, never give any money before a job is done.

Now on to my point, since you still do have the money that AAA gave you, I don't understand why you haven't already just gone and picked up the car and taken it somewhere else. F* him if he says anything about it, he can't really do anything because he hasn't fullfilled the contract, therfore you are not responsible to pay him. I mean really what's he gonna do if you get a wrecker to go out there and get the car, stand in the way? I doubt it, the wrecker man is going to get your car, just explain the situation before he goes to pick it up. Or if you have a trailor, get a few big friends and go, or go at night, even if it is inside this guy doesn't sound like the kind to have an alarm or anything. Are you going to get arrested for stealing your own property? What I'm getting at is this guy, no matter how mad he gets at you or what he tries to tell you, can't stop you from going and getting your property. Trust me I've been there, he's just trying going to try to intimidate you, nothing more.

For the life of me I read about things like this all the time on here, and no offense to you man I feel bad for you, but people let services take advantage of them when the service is supposed to be kissing the customer's a@@. Right before I sold the vette I had some work done and when it got to be 2 weeks and they hadn't finished I threatened to take the car somewhere else, stick him with the labor bill, and call the BBB. Had the car back working within 3 days. Another point is at the dealer for G/F car. She took it in 4 times for 1 week at a time and they never fixed the problem. I got involved and made a few threats, like calling GM customer service, they magically found a service bulletin that afternoon and had the car fixed within 3 days.

What this boils down to is just gotta be a harda@@. They are there to serve you. You are paying them money. It is a privalege for them to work on your car, not the other way around.

Sorry if that sounded like somewhat of a rant.


[Modified by hz900, 9:12 AM 9/25/2003]

Southern Comfort

Go to the attorney generals office and lay it out. Maybe they will send an investigator Or, better yet wait 2 weeks and if Arnold gets elcected....send the Terminator!

96KICKS

93 Jet Jocky has given you 100% Rock Solid good advice. :iagree:

all4c4lt4

:iagree: I am amazed myself sometimes what a simple phone call/letter from an attorney will accomplish. (I'm also amazed at what it doesn't accomplish too, but thats a different story..)

bizaro

:smash:

86shark

Better yet, call the insurance company and ask if they could cancel the check and cut you a new one for some strange reason that the dog ate it or some BS, Go to the shop with the old check, whether the car is done or not and tell fernando that you are picking up the car, if he wants to get paid give him the cancelled first check, and when he finds out the check is not valid, he will call you and then you can ask him how long he is willing to wait for the good check! Lets see how many months he is willing to wait to be paid. Paybacks a B%$%H :lolg: :lolg:

corvetteronw

You know, after I got the car back I would be tempted to make harassing Mr Fernando my new hobby. There are some excellent revenge books out there on the web - just for fun of course. I heard of one dude that got revenge by finding out where his enemy lived and putting an ad in the paper for an open house, for sale by owner, realtors welcome to call, priced 75% of market value for quick sale. HEE HEE Musta been fun at his place! :jester

TIMSPEED

Well he DOES live NEXT DOOR to my best friend...that's how I found out about him painting vettes...he OFFERED to paint my vette. But, knowing him, he'll just move outta town!
What I was THINKING of doing...is just paying him HALF of the money, and saying "I think that's MORE than fair." I will DEFINATELY speak to my attorney if I go out today and there's NO PROGRESS.

Caboboy

Tim, I an sooooo sorry about this mess :( I thought you had gotten it back a couple months ago for chrissake :mad

Let me know if I can help with anything, OK? We need to get you out to the burger joint on Thursday nites :cheers:

Fr Guido Sarducci

Tell him you will pay him whats left when the next shop gets through with it,
who knows what he might have screwed up