So this bastard swaps the driver's seat with a used seat dpring I bring to him (for $250) but when I pick up the car, there's a dent in the front fender. We both see my grey paint on the white jaguar parked next to my car and agree that it is thier fault. So he tells me to take it to an auto body of his choosing and he will pay for it. The car, my 1985 300SD, is fixed and the bastard is not paying. The auto-body won't release my car! What can I or should I do, I need my car back! Nico is at 203-323-4500. Any suggestions?! PLEASE Help!

__________________
85 300CD Signal Red/Tan sold
83 300D Manganese Brown 109K
97 E420 Midnight Blue 197K sold
98 BMW 328i Vert White 100K, sold
95 BMW 525i White 125K, sold
93 BMW 525iT Red 193K, sold
95 E320 Green Wagon 125K, sold
94 E320 White 127K, sold
85 300SD 156K Grey (Annie), sold
84 300D Lapis Blue 170K (Judy), sold
99 ML 320 Black (lease), 1998 C230 White (lease)
00 Honda S2000 Red (lease)
86 Mercedes 300E (sold)
84 Porsche 911 Red (sold), 1965 Porsche 911 White (sold)

Any photos of the damage, security camera tape(s) from the lot/nearby areas, or written proof that he told you he would pay?

If not, it's your word against his.

Having all your buddys call him will get you a harassment charge. Your only hope now is to either call a lawyer or, if the damages are below $XXX, take him to small claims court. What does the bodyshop say out of curiosity?

__________________
83 M-B 300D- daily driver
83 240D gray market
2002 VW Jetta TDI- beater

Bad form. That will only pi$$ him off. You would be better off to hit the edit button on the lower right of your post and edit it out now while the post is still new.

The body shop does work for this guy and says his deal with Nico is only cash payment to release the car. He says he's a cheap bastard and dicks people. He says i should go and scream in his face and I will get my $350. He did the work because NIco ok'ed that he would pay for the job.

__________________
85 300CD Signal Red/Tan sold
83 300D Manganese Brown 109K
97 E420 Midnight Blue 197K sold
98 BMW 328i Vert White 100K, sold
95 BMW 525i White 125K, sold
93 BMW 525iT Red 193K, sold
95 E320 Green Wagon 125K, sold
94 E320 White 127K, sold
85 300SD 156K Grey (Annie), sold
84 300D Lapis Blue 170K (Judy), sold
99 ML 320 Black (lease), 1998 C230 White (lease)
00 Honda S2000 Red (lease)
86 Mercedes 300E (sold)
84 Porsche 911 Red (sold), 1965 Porsche 911 White (sold)

I second that. The edit button would come in handy here. I would delete the name, address and phone of the establishment.
It could come back to haunt you if you make it to court.

I suggest you calm down and call an attorney to handle this. Bullies like him often think they can screw you but really change their tune when they start getting calls from lawyers.

Jen

ps. out of curiousity, what was the car in for?

__________________
Jennifer
90 350sdl

If I am reading this correctly Nico TOLD the body shop man he would pay...
That takes it out of the 'my word against his ' deal...
Get the bodyshop man's statement in notarized form... go ahead and pay him to get the car secured.. then file suit in small claims court at the same time you file a complaint with the Attorney Generals office.. and any trade organizations he belongs to...BBB, the Automotive Mechanics Association....
This may even come under bad faith triple damages in some states for recovery by you...

That takes it out of the 'my word against his ' deal... >

Yes this is true, i have been on the phone with the body shop owner. Why should I edit, this is all true. this is a bad guy and I don't want any of my fellow board member to get screw like me.

__________________
85 300CD Signal Red/Tan sold
83 300D Manganese Brown 109K
97 E420 Midnight Blue 197K sold
98 BMW 328i Vert White 100K, sold
95 BMW 525i White 125K, sold
93 BMW 525iT Red 193K, sold
95 E320 Green Wagon 125K, sold
94 E320 White 127K, sold
85 300SD 156K Grey (Annie), sold
84 300D Lapis Blue 170K (Judy), sold
99 ML 320 Black (lease), 1998 C230 White (lease)
00 Honda S2000 Red (lease)
86 Mercedes 300E (sold)
84 Porsche 911 Red (sold), 1965 Porsche 911 White (sold)

Record your phone conversations with whomever you discuss this with...you have a right to be able to prove what you did or not say to them over the phone.. in case the lie about that also....
While they may not be admissible for direct testimony.. they WILL be admissible for impeachment of the witness if they lie....
Once you show they are lying in court the rest of what they say holds little weight....and makes the judge angry...
I agree on the truth... and not worrying about who sees it...

Having the shop name and city is fine. If someone wanted the # they could look it up or ask you in a private message. Posting the phone number, address, and asking everyone to call him is just plain rude. It dosen't matter if he is the biggest a**hole ever or just gave you an odd look, it's just "childish."

Should I leave my car there for a week and maybe the body shop owner will get on his case for payment? Then I won't have to take the time to file in small claims court and show up to argue to retrive the $350.

__________________
85 300CD Signal Red/Tan sold
83 300D Manganese Brown 109K
97 E420 Midnight Blue 197K sold
98 BMW 328i Vert White 100K, sold
95 BMW 525i White 125K, sold
93 BMW 525iT Red 193K, sold
95 E320 Green Wagon 125K, sold
94 E320 White 127K, sold
85 300SD 156K Grey (Annie), sold
84 300D Lapis Blue 170K (Judy), sold
99 ML 320 Black (lease), 1998 C230 White (lease)
00 Honda S2000 Red (lease)
86 Mercedes 300E (sold)
84 Porsche 911 Red (sold), 1965 Porsche 911 White (sold)

I can understand how you are angry but lets put this in prespective. It is $350 not $3500 or $35000. It is not worth getting a lawyer involved. However you made a mistake when dealing with this. If the Jag. hit my car I would have called the police to start a record then let your insurance company go after him. Do you know a lawyer? If you do a letter or a phone call may do wonders. Fight with the law on your side. Or you might want to take a drive over there to get your money with your attorny, that might help.

Its only$ 350.00 he probobly figures you'll just give up. I'd visit him every day and kill him with kindness, you know slowly drive him insane. Pretty soon he'll pay just to get rid of you. Don't lower yourself to this bottom feeder. Take the high road, Its the better way. steve 83SD

Pay to get your car out of the body shop, and then go home and write him a nice letter like this:

Dear Mr. Whoever:

As I am sure you are aware per our conversations, I recently was required to pay Bob's Body Shop, Inc. for repairing damage done to my car by your shop on 12/??/03. I paid in spite of the fact that you rightfully agreed to take the responsibility and pay for the repairs. I spoke with Bob about the matter, and he said that it was also his understanding that you initially had agreed to pay for the repairs. While the amount in question is only $350, it is a lot of money to me, and I feel wronged by the fact that your shop caused the damage and left me to pay for it. Therefore, I respectfully request that you honor our arrangement within 14 days by remitting payment to me in the amount of $350 to the following address:

Mr. Edge
1212 Edgefield Dr.
Razor's Edge, CT 12121

Should you decide not to honor our agreement, you will leave me no alternative to pursuing legal action.

Respectfully Submitted,
Mr. Edge

Send the letter Return receipt, certified mail. If he does not pay, file a claim with small claims court. Don't forget to subpoena Bob. More than likely when they serve him, he will get in touch with you to pay. Add the filing fee to the $350 and settle. Otherwise, go to court. Some things to consider: Do not expect a lawyer to take your case (they won't) and the court will not reimburse you for ANY expenses- no lost work and no legal fees unless you have actually retained an attorney. You don't need one, though. Judges see so many cases like this, you have to trust that they will see right through him if he tries to lie (they will). It is of utmost importance that you stay calm throughout the entire process - esp. in court. Speak only when recognized, do not interrupt, dress respectably, etc. Make sure that when you file you make two claims:
First: Nico's shop caused (specific)damage to your (specific)vehicle on 12/??/03 while it was in for repair.
Second: Nico's shop initially agreed to pay for the damage, but once the repairs were complete, reneged on the agreement.

Once you establish the first, as he is likely to agree that they did cause the damage, the court will recognize his obligation to pay for the damage regardless of your second claim. There will be less risk of it being reduced to "he said she said". You can do it! Stay calm!

__________________
1982 Mercedes-Benz 300CD
1982 Mercedes-Benz 240D - stick

Thanks to all the board members for your help and comments. When I went to the body shop and he told me that if the car was still there he was going to charge $25 a day storage. I then went to Nico's and pulled up behind an Audi blocking the car in. I went into the gas station office and he was presenting a $1000 bill to the female Audi owner who was stunned, so he gave her a $60 discount to assuage her. He then asked me to move my car and I replied, "pay me the $350 you owe me!" He said I have to move my car to let the lady out. I said, "I will leave when you pay me!" He said be nice, please, so I moved. Big mistake, I should have stayed put. But I was in between a rock and a hard place because I had to get my car out by 6pm, it was 5pm! I moved my car and he offered me $150 and called the body shop, told them he paid me all of $300 and chiseled them down by $50!. I said, "your word is no good, you f**ked me for $150, do the right thing!! He said he would make it up to me in kind if my car need something. Now this jerk is business-stupid.