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Help!! Shop Is Stealing From Me

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Old Dec 27, 2005 | 07:28 PM
  #21  
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I'm no attorney but I know that if the judge rules in favour of the defendant (the non-GM dealer shop), the judge can require the plaintiff (the car owner petitioning the court for restitution) to pay the legal costs of the defendant. You should determine if this is a risk to you.

If the garage is insured, depending on the deductible, the plaintiff will be facing an attorney from the insurance company. Insurance companies are notorious for being represented by large firms which means high hourly billing rates.

They may settle out of court which is a possibility which you will only find out by going through the steps leading to court...written notice to the non-GM dealer shop, documentation of condition (before and after the problem occurred including whatever service records (the defendant could claim that some prior servicing caused the failure...e.g. somebody put the wrong fluid in the power steering).

Have been in a litigous business for thirty years. May have taken a beating several times when someone else should have paid for their mistake but established a policy early on in my career that it's cheaper to take the hit than go to court. A very successful businessman who had been a lawyer followed the same policy. I want to focus on new positive profitable business, not being eaten alive emotionally and financially by negative litigation.

If you are successful in your suit and the judge makes an award, there is no certainty that the defendant is going to pay you. Then you have to go back to court to get the order enforced.

I suggest that you do as much as possible that you are capable of doing yourself, given the time and resources (that ASE mechanic is not going to work for nothing) that you have. If you do go to court and the defenant wants to cross examine your ASE mechanic will have to be there at your cost. If you are not successful, you will have additional costs which you do not have now.

Think about the benefit that will accrue to you by applying yourself to your studies as against getting approximately $700 from the garage that you say caused your problem.

Last edited by cebars; Dec 27, 2005 at 07:32 PM.
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Old Dec 27, 2005 | 07:53 PM
  #22  
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Originally Posted by WWK888
However my suggestion to you would be to get statements from qualified mechanics stating they believe the failure to bleed the system caused the pump failure. Armed with those documents, confront the original shop and demand they remedy the situation. If they refuse you can try bluff them and say you will take them to small claims court. I know you stated you don't have the time to do so, but it is relatively cheap just to file a case and make them think you are willing to go all the way. You may end up eating the cost in the long run though...I wish you luck!

This sounds like some very good advice. Small claims court, if it comes to that, is relatively inexpensive and if you do your homework, it just might be a way to get your car fixed.
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Old Dec 28, 2005 | 10:23 AM
  #23  
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Many jurisdictions don't even allow lawyers in small claims court. Very cheap to file. The only time I ever sued someone in small claims court, we were required to meet with a mediator downstairs to try to reach a settlement. If we couldn't, then she sent us upstairs to the court room to actually have a hearing. When the defendent saw my evidence and realized I was serious she rolled over and gave us most of what we were looking for. Even if you don't have an airtight case against the service station, you may be able to get a partial settlement out of them once they are looking at a serious claim.
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Old Dec 28, 2005 | 11:41 AM
  #24  
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It took me until I was over 40 just to afford the insurance on one of these beasts. A Masters in engineering, 24 yeas in the Coke industry, and then finally opening my own business and using it as a tax write off.
Don't let anyone give you a hard time for owning a vette in college, wish I could' uv. At least your priorities are right!
BTW, some of my Coke is in your GM product.

CHARGE EVERYTHING ON your credit cards!!!!!!!!!

As a small business owner, I can assure you that if you make a charge on your card and are unhappy with the work or product, you can dispute the charge. (The consumer is ALWAYS the winner in this situation) The cost for the business owner to go after you, well, they will write it off. At least you can keep your money for the cost of the other repair, plus give the shop owner a whole lotta heartburn!

Good Luck,
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Old Dec 28, 2005 | 12:39 PM
  #25  
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Originally Posted by gr8vet
It took me until I was over 40 just to afford the insurance on one of these beasts. A Masters in engineering, 24 yeas in the Coke industry, and then finally opening my own business and using it as a tax write off.
Don't let anyone give you a hard time for owning a vette in college, wish I could' uv. At least your priorities are right!
BTW, some of my Coke is in your GM product.

CHARGE EVERYTHING ON your credit cards!!!!!!!!!

As a small business owner, I can assure you that if you make a charge on your card and are unhappy with the work or product, you can dispute the charge. (The consumer is ALWAYS the winner in this situation) The cost for the business owner to go after you, well, they will write it off. At least you can keep your money for the cost of the other repair, plus give the shop owner a whole lotta heartburn!

Good Luck,
This is very good advise!
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Old Dec 28, 2005 | 12:58 PM
  #26  
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Originally Posted by gr8vet
CHARGE EVERYTHING ON your credit cards!!!!!!!!!

As a small business owner, I can assure you that if you make a charge on your card and are unhappy with the work or product, you can dispute the charge. (The consumer is ALWAYS the winner in this situation) The cost for the business owner to go after you, well, they will write it off. At least you can keep your money for the cost of the other repair, plus give the shop owner a whole lotta heartburn!

Good Luck,
BINGO! An IN tuner installed my SC, but missed on the tune by a mile. A few second opinions, and documentation of the as receive fuel ratio, and the $500 for tune went from his pocket to mine. I gave the $500 to a MI tuner, and he found another 40 hp with only a slightly rich setting.
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Old Dec 28, 2005 | 01:51 PM
  #27  
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Originally Posted by DallasC5
Guy,

My car always goes to the dealership. I know they are more expensive, but at least I know they know what they are doing when it comes to working on vettes.

I know its easier said than done, but sometimes you just have to know when to cut you losses. I don't know what kind of budget you have, but these kinds of things can consume you and you could loose a lot of sleep over it. I always let these kinds of people know that I will do a lot of bad advertising for them and this will cause them to loose more money than the cost of fixing the problem.

Good luck on whatever you do.
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Old Dec 28, 2005 | 02:04 PM
  #28  
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Originally Posted by WWK888
You apparently have not heard all the horror stories from many forum members regarding their experiences at dealers. Just because you take your car to a dealer it does not mean you are assured that it will be repaired correctly let alone not damaged any further.
I had one dealer wreck one of my Chevy's (non Vette) and another dealer scratch the top beyond repair on my perfect condition 93 Ruby Red Vette.
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Old Dec 28, 2005 | 02:53 PM
  #29  
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Do you have legal assistant at school?
Some offer Law advice free or at reduced rates.
Good luck

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Old Dec 28, 2005 | 03:43 PM
  #30  
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Originally Posted by Goonie
small claims court... easy to file and we might see you on tv!
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Old Dec 28, 2005 | 11:38 PM
  #31  
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Originally Posted by Dave68
I took a shop to small claims court many years ago. The first thing you MUST do is request restitution from the shop in writing. Make sure you send it as certified mail. If they refuse, either in writing or by ignoring your letter, Have an ASE-certified mechanic look at your car and write a note stating the cause of the failure. Have this note certified by a Notary. File a report with the Bureau of Automotive repair (if one is available in your state) and the BBB.
After you have the necessary statements, etc, file a claim in Small Claims Court. When I went to court, I and the defendant had to show each other our "proof". Once the defendant saw what I had, they quickly offered to pay me what I was asking.
You can and WILL win. A lawyer is not necessary for a case like this. I found a wealth of info in the library, but you can do the same online. Just type in "Small Claims Court" or "Requirements for winning in Small Claims Court".

Good luck.

Dave
Good luck getting a mechanic to sign any document placing blame on another shop.
Unless the pump has a wrench stuck in it with the name of the mechanic who worked on your car, there is NO WAY anybody can determine with absolute certainty the reason for failure.
Coincidences can and do happen, and while it may seem likely that the first shop damaged your car, proving it is another matter.
First off, any shop that reccomends taking the car to the dealer to fix a problem as simple as no power steering, should not even be allowed to work on bicycles, much less 'Vettes.
Second, how did the dealer diagnose the problem? did they hook up gauges to the pump and check the pressure? That is the ONLY way to tell if the pump is bad.
Third, power steering pumps seldom fail completely, and failure to static bleed the pump and rack is unlikely to cause a failure.
You need to find a real mechanic to look at your car and use the proper tools to diagnose the problem. Once you have an accurate diagnosis, and repair, take the info back to the original shop if appropriate, and calmly discuss the situation. Threatening lawsuits and such will not help to resolve the problem.
With any luck, this is a simple problem to fix, and if it truly is the fault of the original shop, it should be obvious. (wrong lines hooked up etc.) If they are in any way reputable, they will take care of the cost. If not, you are probably wasting your time and sanity trying to get money out of them in court.
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Old Dec 30, 2005 | 10:22 AM
  #32  
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It ended up being the power steering pump

The dealership installed a brand new one and the PS works perfect now.
The dealership doesnt want to tell the other shop that they were at fault because they do business with each other

I do have some free legal help but they are closed for the holidays.

Yanni
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Old Dec 31, 2005 | 01:03 AM
  #33  
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Originally Posted by IDM
It ended up being the power steering pump

The dealership installed a brand new one and the PS works perfect now.
The dealership doesnt want to tell the other shop that they were at fault because they do business with each other

I do have some free legal help but they are closed for the holidays.

Yanni
Read my post again... Sounds like your are SOL. Chalk this one up to learning experince, and move on. You need to find a new shop to work on your car.
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Old Dec 31, 2005 | 07:09 PM
  #34  
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Originally Posted by Atascadero_Kid
Read my post again... Sounds like your are SOL. Chalk this one up to learning experince, and move on. You need to find a new shop to work on your car.
No, I'm going to get my money back thanks though!
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Old Dec 31, 2005 | 07:22 PM
  #35  
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Originally Posted by IDM
No, I'm going to get my money back thanks though!

What coarse of action do plan on using? I really am interested how this thing turns out. Keep us posted and good luck.
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Old Dec 31, 2005 | 07:26 PM
  #36  
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Originally Posted by jrose7004
I hate to say it but I think it's time to find a lawyer!
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Old Dec 31, 2005 | 07:48 PM
  #37  
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Originally Posted by IDM
No, I'm going to get my money back thanks though!

dude-at this point,unless your going to go to physical expulsion,you are .1320 people[that's a quarter mile!]have read this, at least one is a lawyer[got to be].if there was really a golf ball chance that this was worth a courtroom,somebody would've reached out by now.i'm not trying to @#*! you off,but look at your case here.
your only shot at proving your case told you go scratch[dealership].
whatever you say is speculation[your not a mechanic],it's your word against the private shop,more than likely they will win,just because.....[age of car,mileage,etc,etc]
if you REALLY had a winable thing,by NOW, out of 1320 people who have read this.somebody would've reached out who does law.
i'm not being nasty,just honest.my suggestion is walk away and leave it,right now they have already won.they have you loosing your mind over it!
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Old Dec 31, 2005 | 07:59 PM
  #38  
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Originally Posted by dpd
my suggestion is walk away and leave it, right now they have already won. they have you loosing your mind over it!
Sorry it happened, but get over it before it kills you.
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Old Dec 31, 2005 | 08:36 PM
  #39  
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Originally Posted by Goonie
small claims court... easy to file and we might see you on tv!

YA KNOW, hes only half kidding, and if you can get the dealership to analise what happened,.........after you tell them what happened, to you, you can take that to court with you! its no big deal just you and them each tell a judge what happened believe me hes heard it all before "Well your honnor it worked just fine before we fixed it" you get the picture? and as far as how many people look at this SOOOOOOOOOOOOOO WHAT! ITS your car and small claims court is JUST for this kind of problum

Last edited by vetred; Dec 31, 2005 at 08:39 PM.
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Old Dec 31, 2005 | 09:11 PM
  #40  
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If you think it's worth the effort, try and get your money back through small claims court. It's a matter of principle now. Good luck.
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