$2000 tranmission rebuild, because repair shop used the wrong filter when the maintenance was done

[NMDemDist2]

any suggestions on how to go get my $$$ from the shop that did the incorrect maintenance?

anybody ever have experience with this?

I had the tranny serviced in AZ and less than 20K miles it blew up due to the wrong (smaller) filter being installed when the service was done. I'm now in NM. I haven't found the receipt yet, but I know who did the service and on what date.

I'm thinking I should call em and ask if they can send me a copy of the receipt, then go from there.

Suggestions??

[SPKrazy]

1. Big Guns

it's gonna be a trip to small claims court, if there is a guarantee on their work then they should stand behind it.

If not, then small claims court to get a judgment, and then figure out how to collect it.

Sounds like a pain in the ass, and I'd sure not recommend them to anyone and I'd tell them that if they refuse to pay money for it.

[NMDemDist2]

2. the problem is, they are in Phoenix and I'm in NM

sigh

but $2000 is worth a bit of my time yanno?

[SPKrazy]

7. Missiles

with that range are gonna cost more than $2000, but yeah it is worth your time to try.

Do you know any attorneys who are friends say like through a club that might write a letter in your behalf along with a copy of your receipt and question any guarantee, not threatening or anything else, just to get the attention?

Just a thought

[NMDemDist2]

11. they're sending the rcpt!!

now I can tell if they did the work, then on to trying to get them to cough up some dough....

[DainBramaged]

12. $2000 sounds absolutely excesive and out of line

1) What type of vehicle???

Get estimates from EVERYBODY, do not accept the first estimate.

[NMDemDist2]

13. they had to completely rebuild the tranny. the only thing they could save

was the case and main shaft.

when the overdrive gear blew, it did lots of damage. I have the old parts and they are a MESS

it's a 2003 Olds SUV AWD with the towing package (extra tranny cooler)

edit to add, i couldn't get estimates, I was 300 miles from home and had to tow it somewhere. I took my insurance company's recommendation on who should do the work

[DainBramaged]

14. I am so sorry

I would have bought a junkyard trans and sold the freaking car, but what do I know.

LOT of money.

[NMDemDist2]

15. the car is worth about $12000 so it was worth fixing

if it had been my old 1991 Buick it would still be on the side of the road....

[flvegan]

3. Tear the house apart to find that receipt

before you call and ask for a copy. I'm sure to a mechanic/repair shop, a request for a receipt copy is almost a sure fire lead up to a claim of some kind.

When you find the receipt, try calling them first. If they won't talk to you/deny your claim, send them a Certified letter demanding compensation. THEN, sue the bastards. I've done the small claims thing a couple times, and it's pretty easy (at least here it is). The jurisdiction is probably going to be in whatever state/county the repair was done in, though. Might be worth a call to legal aid for a little bit of help.

[NMDemDist2]

4. it's over 1000 miles to go to small claims court

:cry:

[jobycom]

6. Make your travel costs part of the damages.

That might even worry them into paying the repair bills. If you've got the receipt, especially if it shows the wrong part being used (It may not--they may have thought they used the right part), they will know they'll lose.

[jobycom]

5. First step, collect that receipt. Second, collect evidence that the mistake

caused the problem. Third, give the evidence to the shop, before the repairs are done, if possible. Most decent shops are computerized, so they will have copies of the receipts, and if you have the exact date, they will be able to find it. It's probably listed under your name and address and license number, so they won't have too many excuses. Find your record of how you paid--cancelled check or credit card statement, both of which you should be able to download if you don't have a physical copy already. That way you have proof that you used them in the first place, and it makes it harder for them to stonewall you.

If you're really lucky your receipt will show that they used the wrong filter.

Believe it or not, many companies will do what they can to help you. I work for a company that does auto repairs. When our mechanics make mistakes like that, we take care of them, out of a sense of responsibility more than fear of any reprisal. We do make sure that we were the cause of the damage, of course. We inspect the parts f we can, for instance, and use a common sense detector. We've had people blame us for cracked real windows (when we fixed a flat), and upon examination, it was obvious that the window had been cracked for a while. People often try to blame repair shops for things that they had never noticed wrong before, and sometimes for things that they knew were wrong when they brought them in. And of course, when anyone has a huge bill, they look for any way it could be someone else's fault, so they make connections that aren't there, so sometimes we have to say that the fault was theirs even when they don't agree. Mechanics are always getting blamed for natural wear and tear.

But if you've got evidence that they used the wrong filter, and that this could have reasonably caused the problem, the shop may not even try to challenge you on it. 2K is a lot of money, but the legal hassle, the negative hit to reputation, and just the feeling of having done something wrong will make many shops pay for it.

If that doesn't work, then you've got small claims--which will be a pain if you have to travel--reporting them to the chamber of commerce and the BBB, or even hiring an attorney to scare them. That would suck up legal fees, though.

If it's a chain, another avenue would be threatening to contact, or contacting, the local news hounds. They love exposing such things, and no business wants that reputation--it would cost them far more than the 2K for the repair.

But before you work up that frenzy, get your evidence and approach the shop. If they've been around for a while, they already know what all you'll threaten to do, they've heard it before. Even the best shops make mistakes. They may make it easier on you than yo expect, especially if they see enough evidence that it was their fault that they know it's useless to challenge it.

[NMDemDist2]

9. thanks joby, OK here's the deal

the tranny blew up when I was 300 miles from home (wouldn't shift out of 2nd gear) so I spent 2 nights in a hotel while it was rebuilt in ABQ. The mngr of the tranny shop gave me all the old parts and noted on his recpt that the wrong filter caused a lack of fluid uptake, causing the tranny to overheat. The difference in the depth of the filters was obvious, they used the filter for the 96-2000 model, mine is a 2003

so I have documentation of the problem and the cost of the service work to repair.

they are a small chain (I think - Joe's Auto) and someone told me that shops carry insurance for this kind of stuff. I have one more place to look for the receipt, but I had just sold my house and was moving when the work was done, but I remember distinctly having the transaxle and transmission serviced before the big trip to the new place. the bill came to $260 so that's about right for those services.

Should I just call em and ask for a copy of the recpt "for my records" first?

[jobycom]

8. One more point. Was it a chain or locally owned?

If it was a chain, you may get resistance from the manager (who will be afraid of his bosses) but have an easier time at the corporate level. If it's a single garage, the manager and owner are probably the same, and they probably have less money to pay you back with. On the other hand, the owner might have a greater sense of honor than a corporation would. I know my employers would.

[NMDemDist2]

10. woohoo!!! I just called em and said I needed the rcpt "for my expense records"

and he's sending out the copy

:woohoo:

now I just wait to see if they did the work, then it's on to round two.....

[jobycom]

16. Good job!

They may try to argue that they did it right and you had the filter changed somewhere else afterwards. It's a weak argument--transmission filters aren't replaced that often. It will be most helpful if the receipt shows the wrong filter. They could try to argue that you told them the wrong year on the car, but that wouldn't hold up in court--they should match the parts before installing them.

Also, they may try to claim that the work is only warrantied for a certain length of time, and it's out of warranty. That doesn't apply in this case, since they actually caused the problem. It wouldn't hold up in small claims, and they know it, so don't let them argue it.

Probably they'll apologize profusely and pay. Small shop owners are usually more honest than they are reputed to be, but even if not, they'd lose in small claims, and they know it, so they may not go through the hassle. You may not want to mention that you don't live there, though. Tell them all this happened while you were on the road, but don't really mention you don't live in Albuquerque until you have to.

If you have the filter (you said you got the parts back), that could be helpful. Any time we get a claim like this, our first question is whether or not the customer is right, not whether or not we can get out of paying. The more you look like you've tried to document everything, the more they'll see you as someone trying to prove an honest gripe, rather than someone trying to pull one on them. If they are honest, that may be all you need.

Good luck! :)

[NMDemDist2]

23. no way they say it's the wrong year, the filter they put in was for a car

6 years older with a totally different body style :rofl:

the shop is in PHX, the work was done in ABQ and I live 300 miles from there. It cost me two nights hotel stay and meals while the work was done. :banghead:

I have the old parts, but I'm 900 miles from the shop I'm trying to collect from. I could send pics if they have email I guess

:shrug:

[Shakespeare]

18. Good! Every time I read this, I get smokin' mad for you.

I'd be homicidal by now if that happened to me. I hope you can prove they screwed up & recoup some of the expense. :grr:

[NMDemDist2]

19. ahhh that's so sweet!

:pals:

and yeah, I hope I can get some, if not all, of the cost of the repair. I'll even pay for my hotel stays and such if they will pay for the rebuild

[datasuspect]

17. you need the tough, smart laywer

clayton yarbrough, because he gets results that insurance companies fear.

[NMDemDist2]

20. huh?

clayton yarbrough???

am I missing a movie reference or something? :wtf:

[datasuspect]

21. it's probably just sediment from an array of daytime television commercial memories

check to see if the contract doesn't indemnify them from mistakes they make.

[graywarrior]

22. Threaten them with a letter to BBB and Attorney General's office

[NMDemDist2]

24. I'm gonna give them the opportunity to make it right first

then the threats start LOL

[NMDemDist2]

25. UPDATE:

I received the copy of the recpt today and they did indeed do the work

now to send of a complaint letter. the guy in the ABQ shop suggested I take a pic of the old filter next to a new filter to show the difference in size.

I think the 'good ol boys' down at the parts store would let me borrow one for a minute :evilgrin:

I googled and they put the filter for the 2WD unit in (and the part number is on the recpt), mine is a 4WD. Fram clearly shows they are different for the different models.

HA!!!

here's the letter, whadda ya think?

Dear Sir or Customer Service Manager,
On 5/26/2006 I had my 2003 Oldsmobile Bravada 4WD serviced for a transmission fluid and filter change (see Invoice # 47052).I am disappointed in the service that was performed incorrectly by installing the wrong filter. The filter you used (FT 1146) is the incorrect filter for a 4WD Bravada, it needs a FT 1217B which has a larger capacity.

My transmission failed catastrophically on a road trip to Albuquerque on 3/16/2008, causing me to have to be towed 75 miles and to spend two nights in a motel while the transmission was re-built. The transmission rebuild (see attached) was very expensive due to the damage to the internal parts when the transmission failed and the only parts that were salvageable were the case and the main shaft.

To resolve the problem I would appreciate your reimbursing me the cost of the transmission, two nights hotel stay and a per diem of $25 for each day I was stranded in Albuquerque (300 miles from home). Enclosed is a copy of the receipt for the service to the transmission. You are welcome to call Todd at United Transmission if you have any questions on the services that were preformed. With the hotel costs and per diem, I am requesting $2200.00 (two thousand, two hundred dollars) for your error.
I look forward to hearing from you and to a resolution of this problem.

I will wait for 15 days before seeking help from the Better Business Bureau, the Arizona State Attorney General’s office and an attorney. Please contact me at the above address or by phone at (xxx) xxx-xxxx. I am sorry for this problem, but don’t feel I should have to pay for your error when I was trying to maintain my car in the best possible condition.
I look forward to hearing from you in the very near future.

[Shakespeare]

26. grrrr.....go get 'em!!!

I can't wait to hear what their response is!!

[NMDemDist2]

27. thanks so much!! on the rcpt is the corporate "Customer Service" phone number too

I'll call them and see if I can get an address to Corporate HQ and send a copy to them too

:evilgrin:

[Shakespeare]

28. By ALL MEANS cc the corporate office!

And if you want me to track down who their corporate counsel is for you, shoot me a PM with the company info (research is part of my daily grind, and I'm REALLY good at it). I'm guessing they'll want to mitigate this immediately before it costs them a lot more than $2200.

[NMDemDist2]

29. thanks!! PM sent. If I have to go over there and take them to Small Claims

they'll have to pay my travel costs and hotel over there as well. it would add at least another $300-$400 to the claim

[eleny]

30. Now you're cooking on all burners!

Let's hope they take all your receipts and send you a check toot-sweet.

[jobycom]

31. If I were you, I'd call them first.

Just my thoughts. I'd call and ask to speak to the owner. I'd tell the owner as nicely but firmly as possible that his mechanics caused your transmission to fail, and explain in quick terms what happened. Don't get confrontational first, or sound like you are expecting them to fuss. In fact, sound the opposite. Sound like you are sorry to be inconveniencing them, but like it's just understood that they are going to pay for the damages.

Number one rule of sales--assume the sales.

"Mr Owner, sorry to bother you, but your shop installed the wrong filter on my transmission. Darned thing failed halfway across the country. It cost me a couple grand to get it fixed, on the road, mind you, and you know how much of a pain that is. On vacation, even. Plus I had to stay in a hotel for a couple days getting it fixed. I hate to say it, but it's your shop's fault, and I've got the receipt and the statement from the other shop to prove it. We need to talk about how you are going to compensate me on this."

He'll hedge a bit, feel you out, make sure of two things: First, that you are telling the truth and have the evidence. Second, that you won't just go away if he ignores you. If you have been polite and businesslike, he will respond that way. If you start off threatening, he may go straight to the threats, too. He may not, he may understand your attitude, but it's easier to start nice, and get mean.

Don't start soft, just start nice.

My dad owned a service station, and I've worked for a garage (used to be a chain, but now it's one store) for ten years. Before that I was in sales and customer service. I've handled these types of things from both sides of the counter. You catch more flies with honey, as they say, but don't be so polite you sound easy to manipulate.

The advantages of calling: it's harder to deny you to your face. It's harder for him to think of an excuse while you are waiting on the line, but if you give him time to write a letter or call at his leisure, he'll have a better game plan than if you catch him off guard (for the same reason, don't leave a message, just call him until you get him). Last, he won't have to realize you are out of town until you've worked something out. If you've given him an out of town address and number to respond to, he may realize at once you won't want small claims, and that might give him an edge.

If you're the type who isn't comfortable on the phone (I hate phones, I can sympathize) and really want to send a letter, start the letter off with a quick summary of what happened and what you want, then go into the evidence. Your letter is good, I'd just say start off with a subject line, like "I've had a serious problem with work your shop performed, and I am seeking reimbursement." Then go on just the way you've explained it.

One minor change--I wouldn't say "I would appreciate your reimbursing me..." Sounds weak. I'd say something firm but polite. "These are the expenses I feel you owe me." Then list them.

The last paragraph is good. Firm, polite, understanding, no non-sense.

I would guess they'd offer part of the payment first, just to see if you'll take it. A pro-rated settlement, maybe. They may not want to pay your expenses, either. You might want to decide on a price that's worth avoiding small claims court and extra travel over. I'd say if they offer the full repair price but not expenses, refuse at first but take it rather than going to court. Your expenses will eat up the extra money you would have retrieved.

Just some thoughts. If you've already sent the letter, ignore this. The letter is fine, but I'm an advice addict. :) Can't take it, but can't stop giving it.

[NMDemDist2]

32. I plan on calling the main office in the morning. getting to the owner

may be an issue, since they have about 15 stores.

I'll try your suggestions though, and edit the letter a bit to 'assume the sale'

and since I'm a nice person and very businesslike (and just dealt with Sony Corp and won) I don't mind the phone.

thanks joby!

[Ellen Forradalom]

33. You said, "you had your tranny serviced." Uhhuh-huh-uhuhuhh

[NMDemDist2]

34. yeah, wanna see my grease gun??

:smokes: