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  1. #1

    Default Repair Shop Broke and Stole Parts - Who is Liable?

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

    sorry for the book. here is what happened:

    here is what happened. I have a mich that works at this hole in the wall shop that sells used tires. also thay have individual mechanics repair cars in the yard and in the building. many of them work for them selves and some work for the owner. There is no info at the shop saying that the mich are separate from the shop. and it was never mentioned to me. I didn't find out till afterward. If you looked at the store you would think that the main business was auto repair with a side of used tires. theres not many of them, about $1000-2000 worth.

    I had spoke with my mich about installing a clutch kit. he quoted 225. I had to wait a few weeks to get the clutch and labor money. I was on a deadline on getting the car repaired. I went in on a Thursday the owner of the shop came up. he said my mich wasn't there and didn't know when he would be in that week. I mentioned I couldn't wait a long time. he turned to one of the guys if he could do the job for the amount quoted. he said yes. me and the owner then agreed on a tow of$25. I then when home to eat, i was on my brake. a few min later to guys came in a car. and pushed my car with their car to the shop about 1.5 mils.

    less than 25 mins later by the time i got back to my job one guy was coming through my drive thru lane saying that the trans was messed up also. and that we needed to get gears for it in Memphis total $155 and 65 labor. we agreed to have it done. later that night they called saying they needed some money and that they were sending some one over. I only had 115 in my house and they wouldn't take a check. I asked for a receipt. he didn't have a receipt book. I got some printer paper and he scribbled on it. the only thing I could make out was the 115. I don't read cursive very well. and there was grease on it.

    I went to the shop the next day on my break. L was working on putting the trans and clutch in the car. my mich was there working on another car.I was surprised when I saw l because he was not the guy that said he would do the clutch work. L then said that c did the trans. so I thought c was the other guy. I saw c later and that wasn't him ether. while me and L was talking I asked about the trans. and mentioned that it had seemed to work fine before the clutch went out. L then went to the garbage and pulled out some gears to show the condition. we talked some more and then I had to go back to work. later my mich told me that though gears were not the trans gears but the clutch gears. he also said he looked for the trans gears and couldn't find them. after work I went to check on the car. c was there watching l work. I gave 110 to c and asked for a receipt and the invoice for the parts c said he would get it to me.. they couldn't find a receipt book. as l was looking for one I talked to c about being able to take the car home. I wasn't able to pay all the money right then. c said I could. they couldn't find a receipt book so c said for me to make one on my computer and he would sign it.

    l wasn't done yet so I went home. later l called that the car was done. as we were getting close to the shop l was in the car further down the road stopped. we went to him. he said the front right axel was broke. we pushed the car to the shop. I asked how much to put it in. l said nothing. I went home to find a axel. I found one for 65 but it wouldn't be available till 4:30. I went to get it at 4:30 and got it to the shop. I then went home to wait. about 5:30 he called that he was bringing it over. when he arrived I drove him back to the shop in the car.. the clutch felt funny like it was tight. I came back home and parked the car. I started to smell a small burning smell. like the clutch was burning. when mom came home from work we got in the car sow she could test it. we were able to get it in revers but it kept going forwarded instead.. we parked it.

    the next day when c came through the drive through I told him about the reverse and smell. he said he would check on it. they got the car and drove it to the shop. later they came through and said they fixed it. my grand mother later said c called and said we owed him 65 more because he had to do something to the left axel. I thought that was stupid be cause the axel just makes the wheels go around it has nothing to do with making the car go in reverse. also they never called us before hand. I would have had my mich do the work if they where going to charge us.
    when I went to pick up the car after work l and I test drove it. as I was driving a little ways there was a jerk then the car stalled. I started it and tried again there was a shudder then it jerked forward and stalled. l tried it and then checked it. he said all four stuts had gone out. thats why it was jerking. driving it home was a ruff ride. to keep it from stalling after the jerk you had to pore on the rpms and be a bit slow on the clutch. too fast and it stalls throwing you into the steering wheel. if you were in first and then it would still shake some ether before or after you went in to second. if you started in second it would shake really bad and still possibly stall, the clutch is only slightly better.

    whats really bad about this is the road I travel everyday. i live 1 mile from my work. half of the way if on a street with a limit of 20 mph. there are 4 stop signs and a railroad I have to cross and I can't go over it too slowly or the shaking starts. then I turn on a street with 2 3ways that are always busy. and 2 red lights. at the end of one of these trips i end up covered in sweat and shaking sometimes terrified. I was almost in a car wreck. I was pulling out of a parking lot and some cars were behind me. the road i was on was a very slight hill. I was trying to not go backwards plus not jerk and stall while trying to go forward. short story the car stalled. I check the street. it was totally clear. I put it in gear and added the rpms. as I was doing that a mini van behind me comes around and and cuts me off. I came very close to hitting it.

    I called my mich that day about repairing the struts. he told me to drop it off and he would check the struts plus c and l 's work.
    I get it there later that next day and go to work. on my break i check on him. he was pissed. l had broke the clutch cable and jerry rigged it making the clutch to tight it wasn't disconnecting all the way. the clutch burned out. also the mich and r his father checked the axel i bought. the one in there is not new. it cost me 40 for a new clutch cable and 225 to redo the clutch. also the struts were fine. nothing wrong with them. L broke the rear motor mount. that was what was causing the jerking.after is got the car back a few days later I started having problems with getting in to 3rd. finally on the way to class I coundn't go to 3rd at all. I called r. he came over and checks some stuff and test drove it. the trans steadily kept getting worse the stopped. I have had to get a used one for 135 with a good warrenty and 75 for labor. they are still checking if the trans damaged the clutch. if it did I may need to get a new one. we don't know yet if the shop I bought it from will exchange it a second
    time.

    here is the question:
    do I Sue the owner. L is one of the mich that works for him. c is independent. could the owner clam he isn't liable? I went to the state web site and have not found a corporation for the store. he says that he just sells used tires and he lets some mich use his yard to repair cars. says that the mich don't work for him. my mich says that L does work for him. do I have to prove it? I didn't find out the mich were seperate till after all this and the owner kept claming he wasn't liable. L just keeps saying that there was nothing wrong with the clutch and that c did the trans. I do know L put every thing in.
    the owner also sells some used cars in his yard.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Repair Shop Broke and Stole Parts. Who is Liable?

    I stopped reading here:

    I have a mich that works at this hole in the wall shop that sells used tires.

    That's because I don't know what a "mich" is.

    Anyway, if you think someone owes you money, sue the bad people in small claims court.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Re: Repair Shop Broke and Stole Parts. Who is Liable?

    Who did you hire to do the work? Who was your written contract with? Who did you pay for the work performed to date?

    Is a "mich" a "mechanic"?

  4. #4

    Default Re: Repair Shop Broke and Stole Parts - Who is Liable?

    sorry

    mich is mechanic. it was a oral contract. I was talking to the owner of the store. The first payment was made to L. he is a employee they called about 7pm that day saying that they needed some of the money. I gave L $115. the next day I gave C $110. I never did receive a recipt for that although I asked for one. do I have to prove that L is a employee or does the owner?

  5. #5
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Repair Shop Broke and Stole Parts - Who is Liable?

    First off find a new shop to go to. It sounds like the shop you are using is some back yard mechanic shop. Is the place even licensed.

    You can try and sue the owner as well as any person that worked on your vehicle.

    Use a licensed and insured mechanic shop. Yes you will pay a little more for the work. But in the long run it will be worth it.

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