Diff shop stole my posi, should I prosecute? [Archive] - Team Camaro Tech

: Diff shop stole my posi, should I prosecute?


shoe
Dec 20th, 07, 07:33 PM
Just venting I guess, but always good to get more feedback.

Put my rear end in the shop for new bearings and seals. After 3 weeks I call for an update, not hearing anything from them, and the owner says it will be done the next day. Picked it up, took it home, and decided to clean it up more and POR15 it. Popped the cover and my posi is gone, replaced with a peg leg. Took it back to the shop and confronted the owner, complete with the "before" pictures that I had taken. He looked busted and started stammering something about my ruined posi unit and he was doing me a favor since he knew I was on a budget. Told him that was BS and since my unit was scrap as he called it, I would go ahead and take it back home with me. Cleaned it up and showed another mechanic today, perfect condition!

Never once called me or told me about it, and had I not found out until next summer when I finish the car, I couldn't have done anything about it.

Should I try to get my money back for the rebuild, knowing that I'll have to pay another shop to put the posi back in? Or is this one of those lessons learned and be happy I got my diff back?

-shoe

m21man
Dec 20th, 07, 07:38 PM
thats ridiculous, I think it would be more trouble than it's worth to prosecute.

just chalk it up to experience. I can't believe what douchebags would do that.

madmax87
Dec 20th, 07, 07:43 PM
Maybe you can get one of the local TV news channels to get involved and expose what he did. That works pretty good out here.

XLexusTech
Dec 20th, 07, 07:51 PM
Post the name of the place here and any place else that people might see it
You will not only feel vindicated but keep oters from getting ripped to

shoe
Dec 20th, 07, 07:53 PM
Being financially sensitive at Christmas time, it has really eaten away at my spirit this week. Needed this settled last weekend so I could bolt it up for the pan work starting this week. Now I have to tow it around with the busted rear and fix this later. This shop does work for the Overhaulin TV show and has been featured in major national magazines. Hard to understand what is wrong with these people, not sure how they sleep at night.

Didn't think it was appropriate to name them here, but if anyone in So Cal wants more info just shoot me a note.

-shoe
67 Convertible, RS/SS
Old:
68 SS Coupe (just sold)
68 Coupe, 327 bench seat column shift
76 LT 350
88 IROC (son totaled)
89 RS (son totaled)

hereitis67
Dec 20th, 07, 08:38 PM
if i was in your shoes. guess glad you got your posi unit back. i would call or write a letter to overhaulin about it. tell them also why you went there is because you thought they a good company cause was featured on there show.and where as they are crooks doing promo work or gets paid for overhaulin work that they send there.than your problem that you went through as in they almost screwed you. ask them to resolve it or give a reply back to you. all dont workout. than tell them you going to your local news out there about there show and there sources. that will get there eye brows up and do the right thing. last resort go to lawyer and sue them all. let the court decide who is wrong. you got pictures. before and after.

parkbrau
Dec 20th, 07, 10:21 PM
Jeff, He stole your posi. That's theft. Make a police report, i am not kidding about this.


How did you pay for it? If credit card was the route then you have recourse. Deny the charges, and take that route. If it was check, stop payment. If it was cash talk to the douche and ask for your money back or you take him to small claims court. Make a complaint with the better business bureau as well.

I know this is leg work, but I think you'll feel a little better. And you could be doing others a favor by getting him in line. I'll bet you werent the first person he did that crap to.

nikkisdad
Dec 21st, 07, 02:32 AM
It may be a little work for you to expose this guy, but look at the trouble he caused you! Stay on this, small claims, better buisness, TV reporter, what ever you can do. Always be very careful with any loose talk about ruining his buisness, and avoid and personal confrontations. Just do it all smooth and legal. Like others here have suggested, you might save the next guy the hassle if he is taken care of this time. PS, if you go back to his shop, you might want to ask a police officer to accompany you, so he cannot say there was any threats or intimidation. Also you absolutely did the right thing by taking before and after pictures! You may also want to write down a record of every time you have talked to him, times, places, what was said, etc.

Kyvox
Dec 21st, 07, 02:40 AM
You contracted, and paid, for a service that you did not receive. You are due a refund.

If they charged you for new bearings (or even if you supplied them), I would check to see that they were actually installed. Easy enough to put used bearings back in with the open diff. If he did sell you new bearings and install them, your only obligated to pay for the bearings.

TDW
Dec 21st, 07, 04:30 AM
He flat out stole from you. Do not stand for this. Get ALL of your money back. Do what it takes. Then give the dirty POS a black eye to remember you.

zdld17
Dec 21st, 07, 05:01 AM
Also , file report with Better Business Bureau. BBB

ragtop69
Dec 21st, 07, 06:00 AM
i agree with others report him to BB and see a lawyer to see what recource you have. this will stop him and others. and will make them think twice about theif of parts and services. good luck to you no matter what you decide.:thumbsup:

67CamaroRS/SS
Dec 21st, 07, 07:02 AM
File a police report for theft. Had you not opened the cover you would have not known until too late. I am sure he was planning on using it himself. Take him down.

68driver57
Dec 21st, 07, 07:03 AM
He stole your posi, stole it man, flat took it and wasn't even going to bat an eye. He thought you were stupid and wouldn't notice. My bet is he never replaced the bearings either, anybody low enough to steal your unit wouldn't bat an eye at charging you for something he didn't do. Once you take him down, you'll feel much better, not to mention call in to question whether some of these guys that have been Overhauled are driving around with other peoples stolen parts. Who else is driving around out there thinking they have a posi when it isn't? For all of us please go after this dude, if you call one of the local TV stations and mention that they also do work for Overhaulin, it will be game over , they will be all over it. Good luck and keep us posted we are rooting for you.

dnult
Dec 21st, 07, 07:13 AM
Based on your photo evidence, I'm sure your district attorney would be interested in your case. Call you local DA's office. You may need to prepare a written statement and submit your evidence. If the DA thinks you have a case, they'll contact your diff shop in a legal manner. Don't be surprised if the shop doesn't suddenly become compliant and settle up. Otherwise, you'll have to file in small claims court for a small fee and let a judge here it. I don't think the cost of filing in small claims court will be too much, but hopefully you won't have to take it that far.

dubs68camaro
Dec 21st, 07, 08:09 AM
Come on man....you're from Orange. CA! Whip up some of that East L.A. justice on his butt!!! Figure out which car is his in the parking lot and............:thumbsup:



Just kidding. Violence only solved a few problems!!!:yes:

shoe
Dec 21st, 07, 08:22 AM
Oddly enough, the shop did replace the seals and bearings, I can clearly see that, and there are markings (paint/grease) on the ring gear to show how they checked the gears for proper alignment. I needed 1 axle replaced also and they sold me a match for $50. Unfortunately I found that it hangs slightly on rotation so it might be bent.

Of course, it seems like there are 4 guys doing the work in the shop, maybe one stole the posi and someone else set up the gears like any other customer. Might not have known about the switcheroo and just did the work like normal. As PO'd as I am at the shop, they might not all be thieves so I want to be fair, but the owner is the guy behind this.

Legal advice needed - Do I risk being sued for anything by telling my story and bad mouthing the shop in a public manner like this?

Wimp Background - When I was a younger man I got ripped off by a shop on a car swap for an engine and trans and handled it differently. Just dodged a grand theft auto conviction (I stole the car back) but did get sued and lost a nice chunk of change. Had a near brawl in front of the courthouse also, need to keep my head these days.

nikkisdad
Dec 21st, 07, 10:58 AM
There ya go man.........be as cool as you can........face piles of trials with smiles...............it riles them to believe, you perceive, the web they weave..........keep on smiling..................Just had to throw that Moody Blues in there, calmer heads will prevail.

BigBlock1969RS
Dec 21st, 07, 12:05 PM
I would definitely, file a police report and see a lawyer. Filing in Small claims court and the BBB as well as with the police is probably your best bet.

If this happened to me, I would want to make sure that the shop changed its tune so that they wouldn't try to rip off anyone else that might not catch them otherwise.

cuz13
Dec 21st, 07, 01:08 PM
Hey Jeff sorry to here what happened cant believe what a POS conducts business you are a better person than me i would of been
posting for a defense lawyer by now. good luck whichever route you go

Fred Ficarra
Dec 21st, 07, 01:52 PM
Jeff! You gotta have your posi! Your cars' personality changes without it, not to mention it's performance.
When I ordered my car, Posi was the very FIRST option I specified. In those days you could order lots of stuff that didn't work together so a high impact 12 bolt without posi might have been possible but nobody did that FOR A REASON. Ya gotta have it Jeff! Your car won't work right without it.
Can I suggest that you contact the shop and say that 'Here's my diff. I'll pick it up tomorrow with my posi re-installed. Then I won't mention that it was missing". Might work.

tejasrs/ss
Dec 21st, 07, 02:48 PM
this pisses me off as well. When I first bought my rolling shell the guy had told me that the 12 bolt had a fresh posi unit installed and that the rear end was recently rebuilt with new bearings and such. A year later when I finally put the car up on the lift I was bragging to one of my buddies about my posi unit and he burst my bubble by showing me I had a peg-leg! Sure enough we popped the cover and there was no posi unit..THAT SOB! :mad:

sc68z28
Dec 21st, 07, 08:21 PM
Jeff, You should contact the Bureau of Automitive Repair, BAR, part of the states Dept of Consumer Affairs.
There is an online complaint form here
http://smogcheck.ca.gov/StdPage.asp?Body=/consumer/FileComplaint.htm
They have a lot of power in California with repair shops and usually can get you a refund of some sort.

---Bill.

windycity1
Dec 22nd, 07, 01:58 PM
I would contact your local Better Business Association and any of your local gearheads and car guys and tell them your story. You will be surprised how fast word of mouth concerning a bad transaction can disrupt a business!

shoe
Jan 1st, 08, 07:01 PM
Happy New Year!!

Just an update. After confronting the lying owner, I did get my posi unit back and took it to another shop. Of course they said there wasn't anything wrong with it. Since one of the preferred rear end shops around here is closed through the holidays, I then took it to my friend's transmission shop, not knowing he did rear ends (duh), and he agreed that it is completely reusable, and the supposed burned up bearings didn't even look bad. Anyway, he is putting it back together the way I wanted it in the first place, and I have filed a complaint with the Bureau of Automotive Repairs and the Consumer Affairs group (same state agencies). I am simply asking for a complete refund, knowing that the "new" shop will have to replace the bearings on the posi unit, and redo the pinion gear likely to match up the ring gear without the spacer (like I know what I'm talking about). If all goes well I will leave it at that. If not, I have drafted a 2 page letter detailing all the facts, and challenging the shop to show their phone records to see whose story adds up. I will use that in Small Claims and with the BBB and other auto professionals around the area to tell what kind of business they are dealing with.

Thanks everyone for the support and advice.

-shoe

dnult
Jan 1st, 08, 09:26 PM
Glad you got it back. I still think your district attourney could help. By brother had his oil change out with green antifreeze not too long ago. The engine seized and had to be replaced. Of course the oil changer place denied the whole thing. The DA sided with them and wrote a letter to the place. They settled up a few days later and payed my brother what was due. It's a shame you have to fight for your own justice. You'd think these places would at least try to make up a good story, make it right and take you out to dinner to prevent bad press.

Vintage 68
Jan 1st, 08, 09:52 PM
...
Legal advice needed - Do I risk being sued for anything by telling my story and bad mouthing the shop in a public manner like this?
...

You can not be sued for making a "Statement of Facts" - which this post is :noway:
You can only be sued for making 'sh-uff' up about them or making false statements that have an impact on their business or personal reputation - period!

As stated, go to the local police and file a report. go to the BBB and file a report, contact any of the local news consumer reporters and see if they are interested in hearing story and get advise on filing in Small Claims to recoup you total expenses for the repairs done, the repairs still needed to reinstall your parts and any other compensation you have coming to you up to the limit of the court.
Do Not let this pass and let him off the hook!
I don't care how remorsefull he seems - he has done this before and will do it again! Maybe to someone else you know or a member on here ...

(edit) here is the link to the OC DA's office - http://www.orangecountyda.com/home/index.asp?page=145
The email link is at the top of the form ...

67CamaroRS/SS
Jan 2nd, 08, 07:38 AM
I agree with John 100%. You can not let this pass no matter how much appologizing he does. If he did it to you, then he has done it to others. How many? We have no way of knowing and if someone doesn't stop him then he will continue to do it. This time a posi unit, what's next? Send him through the ringer.

shoe
Apr 2nd, 08, 07:30 PM
Not sure if anyone is still linked up to this thread, but today I cashed a check for $500 from the thief that stole my posi. I did contact the BBB and then the BAR per the recommendations here. The BAR guy took a while to get to my case, but in the end he confronted them with my statements and those of the shop that ended up fixing it. He also looked at my pictures and the parts, before and after. He said in his mind they clearly tried to steal the posi, used some new and some very used bearings, and they also sold me a bent axle. I signed a form and off he went after them. As soon as he walked in their shop he found several violations, which helped set the stage for a complete refund for me. It took a couple months, but I got every penny back.

By the way, the BAR guy said they only actually have a couple of complaints about this shop, but from the looks of the place they won't be in business for too much longer. Just breaks my heart!:noway:

-shoe

donzi4me
Apr 2nd, 08, 07:46 PM
Jeff,

I'm glad it all worked out for you. Congrat's on keeping a "cool head" over it. If it happened to me, I'm not so sure I could of done that... And thanks for the update...:thumbsup:

Mr. Super Sport
Apr 2nd, 08, 07:59 PM
Good Deal! Glad you got your money back! We had a guy in my home town who did this all the time to guys figuring we are stupid. He went to jail for this and of course drugs.

Koennicke68
Apr 3rd, 08, 05:44 PM
Just venting I guess, but always good to get more feedback.

Put my rear end in the shop for new bearings and seals. After 3 weeks I call for an update, not hearing anything from them, and the owner says it will be done the next day. Picked it up, took it home, and decided to clean it up more and POR15 it. Popped the cover and my posi is gone, replaced with a peg leg. Took it back to the shop and confronted the owner, complete with the "before" pictures that I had taken. He looked busted and started stammering something about my ruined posi unit and he was doing me a favor since he knew I was on a budget. Told him that was BS and since my unit was scrap as he called it, I would go ahead and take it back home with me. Cleaned it up and showed another mechanic today, perfect condition!

Never once called me or told me about it, and had I not found out until next summer when I finish the car, I couldn't have done anything about it.

Should I try to get my money back for the rebuild, knowing that I'll have to pay another shop to put the posi back in? Or is this one of those lessons learned and be happy I got my diff back?

-shoe
Take everything you have and press charges. Also contact the BBB and once things get rolling, contact the local media too. They may be interested depending on what happens via the courts and/or plea agreement etc. If you do nothing, he's gonna keep screw'n people. He's a thief and a low-life POS. I would have had trouble not ripping his throat out. He should be bending over backwards to kiss your arse. DONT LET IT GO! I'm a cop and would have fun with this guy. Good luck.

parkbrau
Apr 4th, 08, 12:47 AM
Scott, didnt you read the whole thread? Case closed. With a happy ending....well not the the happy ending you might want, but he got his "Stuff" back and mullah.

Congratulations Jeff.

GreyShadows
Apr 4th, 08, 06:03 AM
Dude he stole from you he will steal from others don't make others pay like you had to REPORT this SOB to the authorities so he doesn't get anyone else!!! Just because he refunded the money doesn't take away from the fact that he attempted to scam you... He will get others if you dont tell someone.... this isnt over until this guy is out of business.. I don't care if he paid you double what he owed you. This guy should not be in business and he will and has scammed others! When kids steal a candy bar and the empolyees catch him and call the police they can still be arrested even after giving the candy bar back. He STOLE from you make him pay with his corrupt business license!!

Chevy-SS
Apr 4th, 08, 06:35 AM
Nice work Jeff. This is a very interesting story. It's just a damn shame there are ANY shop owners out there who operate like this.

-

Stewie
Apr 4th, 08, 07:39 AM
I had a friend who had a shop that restored two or three of his cars. He did mainly copos and trans am race cars. The shop that was doing his work did fine work, but according to my friend they were stealing his rare parts. He was very numbers oriented and searched out date coded parts only for his restos. He also keeps detailed records. When the shop called him and said they needed a certain part, he looked up his records and he had already sent that to them. They denied having it. He then got suspicious and went down to take an inventory. A lot of stuff was missing. Through the grapevine he got word that the shop was not making a lot of money and was selling his parts. He quickly pulled all his stuff out. The work they did was flawless but add a little booze to the mix and strange things happen.

sc68z28
Apr 4th, 08, 04:00 PM
Jeff, You should contact the Bureau of Automitive Repair, BAR, part of the states Dept of Consumer Affairs.
There is an online complaint form here
http://smogcheck.ca.gov/StdPage.asp?Body=/consumer/FileComplaint.htm
They have a lot of power in California with repair shops and usually can get you a refund of some sort.

---Bill.

Not sure if anyone is still linked up to this thread, but today I cashed a check for $500

Just breaks my heart!:noway:

-shoe

Good for you:hurray: I guess I should have told you the BAR is slow, but when they move against a repair shop, it's not a good day for them.
The BAR allways wins :thumbsup:

---Bill.