Can Mechanic Force Me to Pay Cash

[desconnors]

My question involves a consumer law issue in the State of: New York

My boss got the company car fixed, the guy told him the fuel pump would be $600 for the pump and $200 for labor and that it would come with a warranty. When my boss went to pay after the car was done, the man demanded cash,My boss refused because he wanted it on company credit card and proof of service. He argued and cursed him out on top of it. He said if my boss doesn't pay cash he can't have the car(we lost 2 days work), so my boss paid cash. ( My boss observed other customers paying by C.C.)Now the company car is not running properly and another mechanic said the fuel pump is bad.

Can a vendor force someone to pay cash? Is there anything we can do? Do we have a case for him unwilling to honor his warranty?? Please advise. Thank you all in advance.

[aardvarc]

No one can force a vendor to accept anything OTHER than cash. Proof of service isn't dependent on payment type.

If the warranty isn't being honored, and the amount in question is within limits, a small claims case may be in order or if the repair shop is part of a chain, a call to corporate HQ may light some appropriate fires to get the matter resolved.

[desconnors]

Thank you for your response. Can a vendor be picky on who he allows to use a credit card for payment? If we do choose to take this to small claims court, can I sue him for the money I paid to the new mechanic to fix the problem as well? Thank you for all your help, it is really appreciated.

[Riply]

Can a vendor be picky on who he allows to use a credit card for payment?

Well, first of all, it's not a vendor, per se, it's a merchant. But, yes, the merchant can choose the form of payment he requires. It's not illegal for him to accept one form of payment from one customer and refuse that same form of payment from another.

.......can I sue him for the money I paid to the new mechanic to fix the problem as well?

I'm a bit confused. If this was a company car, did your Boss pay for the second repairs ? If so, YOU can't sue anybody. The Boss would have to sue.

As to the cost of the repairs to correct shoddy work, yes, you could claim that as additional damages to put the vehicle into the condition it should have been in after the first repair. This is assuming the second mechanic will testify (personally) that the work was done improperly and that the fuel pump installed by the first mechanic was defective. Don't expect a written statement by the second mechanic to be sufficient evidence. Judges like to see witnesses personally, so they can be "examined" by the Judge.

[desconnors]

Thank you! Yes, it was a company car and my boss paid for the first repair as well as the second. When I say I, I meant the company. He plans on suing, I am just asking the questions. Sorry for not being clear.

If the mechanic is willing to refund the cost of the part he installed (instead of honoring the warranty) can My Boss still sue for loss of work and/or the labor for the shoddy work? I am sorry for all the questions, it just keeps developing here.

Thanks everyone in advance!

[Riply]

Can't sue for loss of work. That's time you would have had to use for repairs anyway, and difficult to calculate. Most small claims Courts won't allow lost wages, travel time, inconvenience, etc.

Whether or not the mechanic is willing to refund the cost of the fuel pump is a matter of negotiating a pre-litigation settlement.

By the way, I'm not a car expert by any stretch of the imagination, but I'd question a $600 fuel pump.

[desconnors]

Thank you all very much for your help and knowledge!

[Security Consultant]

All repair facilities are licensed by the New York DMV. If your boss has a complaint of substandard repairs and the facility won't make it right, here's a link that includes the form to file a complaint. I can attest that they really do follow through. Please understand - you do not have a dog in this fight.

[SChinFChin]

I owned a NY State auto repair facility for a while. And yes, you can file a complaint with NYS DMV, and they would investigate. Having said that, I hate corporate credit cards the most because:

- Discount fees can run over 3%, and for AMEX I was paying 3.75%, so I'm out $37.50 off the top for a $1,000.00 repair.

- People tell me, I love to charge the bill to my company credit card for tax reasons. Well, every month when my merchant statement arrives, I had at times several hundred dollars in "misc. fees", and out of curiosity, I called once to see what they are. So they asked me "do you take corporate credit cards"?? When I said "yes", they tell me, "well, those are surcharges for corporate credit cards". So I said "really, why"?? They say "because those companies run heavy promotional expenses not to mention gifts and higher BAD DEBTS, since some businesses close up quickly, so they pass the expenses to you". Now, I always thought they hold cardholders personally responsible, but I looked into it, and only 35% of them do. Most businesses, mine included, would knock $100.00 off a $1,000 bill if a customer pays cash instead of by a corporate credit card. I rather do this than subsidize the credit card company, and my customer's trip to Hawaii.

Now, technically, I'm supposed to charge the same for credit or cash per the merchant agreement.

- I also find AMEX corporate customers have a higher tendancy to dispute charges, and had a few occasions where AMEX notified me they have been requested to "reverse the charges". Now, if we are right on top of it, and we are, we dispute the dispute, AMEX would not reverse it, though many businesses fall asleep and find after all the fees are paid, the charges gets reversed. If a charge gets reversed, I'm still out the discount fees, "misc fees", not to mention the repair itself. We never had charges reversed when we go through the AMEX resolution process.

So if you think a business turns down corporate credit cards for sneaky reasons, these are the reasons. A local Chinese buffet place refuse credit cards on their heavily promoted "weekday specials" via coupons because after the discounts and fees, they don't make anything. That's why when we do a job real real cheap, we take all cash as well.

[jk]

one note:


the guy may have been required to accept the credit card. Not a legal basis but by his merchant agreement with whatever credit card it was. The boss should contact the credit card company and speak with a rep about a merchant refusing to accept a card they advertised they accept.