I'm looking for information from anyone who may have had this experience, or who has good advice: In August 2003, I took my car to a Chevron shop around the corner because the clutch was sticking. Freddy (his real name, wish I knew his last name), the mechanic, told me the clutch needed to be replaced and it would be $450.00. I did research on the internet, and according to a car database it is normal for the clutch to go out around the mileage the car is currently at, and $450.00 is the average price. So, everything looked on the up-and-up. December 2003, my clutch started sticking again. I took it back to the same place. They said the bracket for the clutch cable was broken (it was, I saw it) and they'd have to order the part. I asked Freddy (his real name, by the way) if it had something to do with the "new clutch," but of course he said no. Well, I guess they didn't feel like working that day because they said they couldn't get the part - I took it to Montrose Shell (just a block or two away) and told them the problem and the history. The mechanic at the new place (not named Freddy) looked in the car and said, "That's not a new clutch." (By the way - Montrose Shell has a very good reputation around here for being honest. Should have gone there first.) It turns out that Freddy (not a pseudonym) or whoever worked on the car just tightened up the cable and put a new bushing on it - the problem was they tightened the cable so taut that it broke the bracket (hence the second repair). The second repair cost about $250.00. Unrelated problems have prevented me from considering a court case until now. I want to take this ******* to court - but am not sure where to start. He works at a Chevron, as I mentioned. I need to send a certified letter I believe - but do I send it to the station or to the owner? How do I find the owner's address? Any tips, suggestions, are much appreciated. I'm a broke-ass college student and can't afford to just give away $700.00 to some lying twat.
If you took him to court, your case would be based on the mechanic violating the Deceptive Trade Practices Act (i.e. the mechanic promised something to you, and then didnt do what he said he would do). Its tricky though. Although the second mechanic said he never put in a new clutch, is that because the clutch didnt look to be new??? If thats the case, did the original mechanic say he would be putting a "new" clutch in??? Is it possible he put a used one in (which is dump, but thats another discussion)??? Also, what does your invoice say??? Last, if the invoice said he would put a "new" clutch in, but he didnt, then you HAVE to give him the opportunity to rectify the situation first, before taking him to court. Otherwise, your case will be thrown out on a technicality (its not a violation of the DTPA unless the mechanic refused to make good on what was promised). I know this, because a client of mine lost a court case very similar to this. The judge threw out the case because the owner of the vehicle never gave the repair shop an opportunity to go back and fix the vehicle as they had promised. Hope that helps.
just a note to others who are reading this and are thinking about having something major done... ALWAYS REQUEST YOUR OLD PARTS. they have to save your parts and give them to you upon request..if they know you will be looking at the parts to ensure they replaced them..or even having a second opinion to make sure....they are more likely to make sure they replace them.... one cavet....sometimes if they really want to get around that...they will get ahold of old parts just to give you....but most of the time what I desribed works.
I just went through a court case against a mechanic. It was for more than small claims $$$ so I had attorney fees and it was through district court. I won, but now have to collect on the judgement (which isn't always easy). Since in your case he was an employee of the service station you might try filing a complaint with the Better Business Burea against the station. Even though the BBB process doesn't have any legal weight; it is 1) free 2) a way to complain to the owners of the station 3) often ends with a settlement in your favor - since the station ~may~ want to keep a clean record (if they have one). Good Luck
Thanks for the advice y'all. I'll have to follow up on this soon. It looks like the best option for me will be the BBB. The initial repair was in August - and I no longer have the invoice I thought the cancelled check would be sufficient. He did tell me he was putting a new clutch in, but I guess that won't make any difference if I don't have definitive proof. And I will DEFINITELY ask for my old parts next time I have a repair. This is an expensive mistake, and I don't plan on making it twice.
thadeus, WIthout the invoice. You are essentially SOL. A canceled check can't prove what work was promised.
