Bad transmission installed in 300D, what recourse do I have? - PeachParts Mercedes-Benz Forum

Sterling30 · #1 07-03-2008, 01:36 PM

I buy a 75 300d this April knowing I may have to have the transmission replaced which turns out to be the case. I take it to this mechanic 50 miles way who usually does pretty fair work at a fair price. I want the job done right so I ask for a price to rebuild and install the transmission which he quotes $1200 but then sells me on a used transmission guaranteed for $800. (Which he never had, he replaced some seal that he thought was a quick fix and showed me that trans he had replaced with black oil around it, that showed the "'original" trans burned out and the seal would fix the leak, only problem was the fluid was the right color and there was no leak.)

And the test drive after the fist fix was identical to the way it ran when I first brought the car in, he never replaced the transmission, he wanted payment for a complete job he obviously thought there was an easy fix for.

Fast forward 6 weeks later and after 3 more tries the car is supposedly done, the transmission installed now had to have the bottom plate that was removed from another transmission and put on the one currently in my car which is significant to note because the 2nd trans ordered never arrived, it was damaged in shipment and I have reason to believe that's the same one presently in my car.

The bottom line is this. The original estimate went from $800 to $1400, I have 30 day warrentee which the mechanic refuses to honor. The trans leaks fluid and will not shift properly, the cost of a properly rebuilt transmission installed will be $1500 - $1800 which was the original plan in the beginning again.

What rights do I have in this situation? The car will be used commercially come this fall and it can't be used in it's present condition. My credit card co may be able to retrieve the costs once the work is done and I present a new repair bill but that isn't written in stone either.

Any and all suggestion will be appreciated.

Jeremy5848 · #2 07-03-2008, 01:41 PM

There may be free advice available in your area (you don't give your location). I would try that first -- look in the Yellow Pages under "consumer rights" or something like that. After that, you could confer with an attorney. An initial consultation would not be expensive and you would at least know what your rights are where you live. Sometimes all it takes is a phone call or letter from an attorney (to show you're serious about not being pushed around). Small shops usually can't afford to get tied up in litigation; if they learn you can't be pushed around they will often fold.

nhdoc · #3 07-03-2008, 01:50 PM

Here's what I would do. First, remain calm, free of emotion. Explain to the owner of the shop you're not going to just "go away" and neither has the problem. Explain to him that you see yourself having two options at this point. One is giving them the chance to do the job the right way, pay what would have been the cost of doing it that way if it exceeds what you have paid already (crediting you for the $1400 you have spent) and get it fixed right or you'll be forced to start over elsewhere, file a claim in small claims court and sue him for a refund of what you have paid him thusfar. Tell him you'd rather try and work it out as gentleman but the fact is that is what small claims court is there for and it is a very easy process to sue him with very little cost out of your pocket.

I wouldn't hold out much hope for the credit card company siding with you at this point but you never know. The problem is you can dispute the charge but I don't think that doing shoddy work is grounds for them intervening and reversing the charge.

If you had not received anything for the payment (i.e. he said he was ordering something for you which never came in but he charged for it) then they would reverse the charges but he will claim he did the work and he's willing to resolve it with you (whether that is true or not) and the credit card company will be out of it, at least that is how they will see it. Still it is worth trying and seeing what happens...be advised you have only a limited time window to dispute a charge so you need to move fast if you plan on doing that.

Chadahar · #4 07-03-2008, 01:50 PM

I'd decline the CC charges and state why. Sounds way too shady to me.
I just had my Indy rebuild my transmission in my 560SEC and it was just a bit less than the $1800.00 in your quote and I trust my Indy as does anyone else that uses him in So.CA.
I had estimates from 600.00 to remove and reinstall the tranny. plus $2300.00 to do the rebuild. I passed. I also had one estimate of approx 800.00 for the whole job. I thought it was too cheap and I passed. Glad I let my Indy do it. it is as perfect as I could ask for.

Bottom line, you get what you pay for.

Jeremy5848 · #5 07-03-2008, 02:51 PM

Quote:

Originally Posted by nhdoc

. . . I wouldn't hold out much hope for the credit card company siding with you at this point but you never know. The problem is you can dispute the charge but I don't think that doing shoddy work is grounds for them intervening and reversing the charge. . .

I agree. They're not about to get into a "quality of workmanship" dispute and would take action only in a clear case of merchandise charged but not delivered. (Even then, how do you "prove" that you never received the merchandise? Proving non-delivery of a service is even harder.)

Sterling30 · #6 07-03-2008, 04:45 PM

Well, I have a receipt stating a 30 day warrentee on a used transmission that the repairman will not back up. I paid for a working transmission that I did not receive.

My CC company says they do make refunds in such cases but I have to see it happen first.

In the case it doesn't happen which I know is possible then what options are there?

Small claims court is one. Are there governing bodies monitor this type of fraud for repair shops that I should report his actions to?

I really don't have time to be messing around with all this stuff but the fact I was willing to pay the fair market price for the removal and installation of a factory rebuilt transmission and this clown thought he could make the same money on a $10 part that has now cost me all this time and extra money, I'm feel it's only right in this case to return the favor.

nhdoc · #7 07-03-2008, 04:57 PM

Well, sure, start with the CC company, but before you even do that you might just let them know this is your plan so it doesn't get nasty unless it has to. Sometimes just threatening action is enough to get action.

Also, check the BBB website and see if they are members or if there are any complaints outstanding against them. I have had great luck by filing an online complaint with BBB and getting response almost instantly...members like to keep their record clean.

If that fails, file suit in small claims court...it takes very little time and money and once they get served with papers I bet you would get them to try and settle it out of court.

barry123400 · #8 07-03-2008, 06:11 PM

There seems to be something awfully wrong here. I would get your money back and have the transmission rebuilt at another place. I imagine he will just continue to play games otherwise.

He is well aware of the end result so far of the 1400 dollars spent by you. Try to have a serious discussion with him but it does not sound like it's possible.

Do whatever you are going to do before the 30 days has elapsed. Start acting immediatly. Do not go over the thirty days for promises to straighten the situation out at some point. You want your money. He has already proven himself a bad person. A chargeback by your credit card company is the cleanest way if possible. Push it. He charged you for something not delivered in the final anyalisis.

babymog · #9 07-03-2008, 06:22 PM

First, it helps to know your location, many of us put it in our profiles etc.

If you are in Michigan for example, you might get resolution by contacting the Secretary of State's office Department of Licensing and Regulation, ... a repair shop can't do business without a license. It has worked for me.

Sterling30 · #10 07-03-2008, 06:58 PM

I am in Michigan and I'm sure he's licensed but I really don't want this guy doing any more work on the car. After 2 months and upping an agreed price $600 for a transmission that came out of a junk yard is just beyond belief.

I've spent alot of money with this guy over the years and dropping a car off for repairs mainly on his word that local shops in my area can't be trusted (Yeah..) that means a car rental cost to pick it up later.

And this isn't the first time he's been underhanded but at least I got the work done right, not $1400 for a junk transmission that he knows is bad.

So he'll just lie through his teeth about the entire job. He can't lie about the photos though where he has to switch bottom plates because the one originally on the transmission now in my car was obviously damaged or the fact it is leaking fluid or that the receipt states a 30 day warrentee.

After all this I don't want him touching the car again. A reputable repair shop tested it and there is a problem inside the transmission, it has to be rebuilt.

I spoke with the local police, they suggested contacting a lawyer. The BBB will contact his within two days of a complaint and I found an agency in Lansing that will put alot of heat on this guy too.

The path to least resistance is if the CC company comes through, that decision could take 60 days though. I suppose the best way is to use every legal recourse available to me.

raslaje · #11 07-03-2008, 07:07 PM

I'm not sure I'm understanding the Mercedes EPC online correctly, but it looks like you can get the original transmission serial number there (if you think the original transmission was and is still in the car). For example, when I put in my VIN I get the following transmission info next to my VIN (after selecting Maj Assy GA Auto Transmission):
722.315 02 659841. I'm thinking that the 659841 is the transmission s/n. Somebody else will have to chime in.
The Mercedes EPC online was and may still be free for the USA although you need to put your CC info in.

http://epc.startekinfo.com/epc/welcome.jsp

nhdoc · #12 07-03-2008, 07:23 PM

The problem is he has "the right to make it right". The warranty he gives does not entitle you as the buyer of services to decide you want your money back unilaterally, if you take that position you may find the CC company, court and BBB is less willing to back you up.

In other words, he can say "I tried to make good on my warranty but the customer took the car someplace else", then you would not only lose any claim in court but also probably lose your right to chargeback.

You really have to make every effort to let him fix it right or else you may just be shooting yourself in the foot. Once you have exhausted that avenue you are justified in bringing the car elsewhere, but you do have to exhaust that avenue. If you don't give him a chance to fix it under his warranty then you're being unreasonable to expect he'll refund your money.

I'd advise you to let him have one more chance to do it, and document that you have done this. Go there with a witness, calmly explain what you plan to do and tell him this is the last chance he has to avoid legal action. If, then, in front of your witness he tells you to pound sand you can bring the car elsewhere and make claims for a refund, but until you do that you aren't legally entitled to your money back because he will claim you never gave him a chance to fix it and it would be your word against his...or worse your word against his and his employees all acting as his witnesses saying they saw him tell you to bring the car back and it would be fixed.

Sterling30 · #13 07-03-2008, 08:23 PM

Will a voice recorder that captures our entire conversation on allowing this guy to honor his written warrentee suffice as a witness?

He's already stated to me he has no intention of honoring the warrentee, I doubt if he would be so forthcoming with that if a witness was there.

And what I fear if he does agree to make it right, assuming a Sheriff was present is that he would cause other problems with the car. I got a good motor in this car but he has no respect for the car, his work or myself as a customer.

But back to the original question.. Will a voice recorder that records his refusal you honor the warrentee on the car suffice as a witness?

Diesel911 · #14 07-03-2008, 09:41 PM

Quote:

Originally Posted by nhdoc

The problem is he has "the right to make it right". The warranty he gives does not entitle you as the buyer of services to decide you want your money back unilaterally, if you take that position you may find the CC company, court and BBB is less willing to back you up.

In other words, he can say "I tried to make good on my warranty but the customer took the car someplace else", then you would not only lose any claim in court but also probably lose your right to chargeback.

You really have to make every effort to let him fix it right or else you may just be shooting yourself in the foot. Once you have exhausted that avenue you are justified in bringing the car elsewhere, but you do have to exhaust that avenue. If you don't give him a chance to fix it under his warranty then you're being unreasonable to expect he'll refund your money.

I'd advise you to let him have one more chance to do it, and document that you have done this. Go there with a witness, calmly explain what you plan to do and tell him this is the last chance he has to avoid legal action. If, then, in front of your witness he tells you to pound sand you can bring the car elsewhere and make claims for a refund, but until you do that you aren't legally entitled to your money back because he will claim you never gave him a chance to fix it and it would be your word against his...or worse your word against his and his employees all acting as his witnesses saying they saw him tell you to bring the car back and it would be fixed.

The Indy had a chance to "make it right" and chose not to.

nhdoc · #15 07-03-2008, 10:11 PM

Quote:

Originally Posted by Sterling30

Will a voice recorder that captures our entire conversation on allowing this guy to honor his written warrentee suffice as a witness?

He's already stated to me he has no intention of honoring the warrentee, I doubt if he would be so forthcoming with that if a witness was there.

And what I fear if he does agree to make it right, assuming a Sheriff was present is that he would cause other problems with the car. I got a good motor in this car but he has no respect for the car, his work or myself as a customer.

But back to the original question.. Will a voice recorder that records his refusal you honor the warrentee on the car suffice as a witness?

It depends, in some jurisdictions taping a conversation without the consent of the other party is not only inadmisable in court but also illegal and could land you in jail...ask your sheriff about that before you admit to it. In person there are privacy laws and over the phone there are wiretapping laws which control how and when conversations can be recorded.