Legal Advice

[Jackofalltrades]

So pissed. I've been ripped off and I want to make it right. I always want to throw the book at them for what they've done. Here's the deal. 

I bought a cheap car to get back and forth to work last Spring or so and not too long afterward the engine started acting up. It was broken down at a business in Kannapolis and I didn't know who to call. So someone on FB recommended a garage in Kannapolis. I actually went to school with her brother but didn't realize he was a mechanic. So I call the shop and the guy FF answered the phone and told me to tow it to them and he'd take care of me. Said he was ASE certified mechanic who specialized in Honda/Acura. It was a '99 Civic so that was ideal. 

He got the car and told me that the engine needed to be replaced. He priced a couple through his shop (owned by his father) but that was more than I wanted to spend. He told me he had an idea and that he would call me back in a little bit. He called back and said he has a full garage at his house and happened to have an engine that would fit that he'd been tinkering with on his own. It was from a '04 Civic EX that his step son had. He offered to sell and install it for 900. I said ok and he moved the car to his house and did the work. I picked up the car about a week later and it was fine. He said it had been modded and should be pretty fast, which it was. However, I lost oil. He replaced a couple valve seals at no cost and gave it back. Then it was still losing oil and he said he replaced the rear main seal. 

He replaced the clutch, which he said was about done, with a high performance two stage clutch. 

I wanted to keep working on the car so we agreed to add a Borla exhaust for 200.00. I gave him the cash but he said he'd do it when his dad was available to help bend the pipe. It went back a couple times for oil loss after that and the exhaust was never done. 

So a couple of weeks ago I was going to the store and the car died on me. Again I was left at a business in Kannapolis. I called FF and he told me to have it towed to his shop and he'd take care of it. So I get it towed a day later and he starts looking at it. After a day or so he said he had to go with his dad to he Beach to check on their house and the damage done by Matthew but he'd have an answer soon because a friend from Honda of Concord named Eric was going to look at it after work. Said it was the ECM and he'd try to fix it for as little as possible. Said he could fix that and a few other small issues for just less than 600.00. I was done, this 2200.00 car was now hitting the 4K mark and was a money pit. I told him I didn't know if I wanted to fix it or not, don't do anything and let me figure it out. 

His next text was that he had it done and Eric was happy because of all the time he'd spent working on it. (During this time I bought another car) So I told him I just wanted to sell the car and be done with it. He said that was fine that I owed 600.00. I then reminded him about he exhaust and he said he'd take it back and apply the 200 to the bill leaving me at 400. So I was suspicious at this point and asked him for the information on the engine he installed. One day he said it was an Integra engine and that was the reason the ECM failed. I reminded him that I had some previous information saying it was a Civic engine to which he replied that he gets them mixed up. Told me I had a D22 engine that was in both the Civic and the Integra from 2000 - 2005, which didn't make any sense. With a little research I found that engine didn't exist. 

So now I start pressing him for info under the guise of trying to sell the car and the whole thing starts to unravel. I picked up on a few more inconsistencies and figured out I was being played. So I also figured out that his father/owner of the shop wasn't aware of what was going on. So I call him and told him I didn't think I should have to pay for a repair I never agreed to and that I shouldn't have to pay for an ECM that wasn't rated for that engine, that should have been part of the original engine swap. 

Before I made this call I did some homework. I called Scott Clark Honda and Honda of Cocord to verify my findings on the D22 engine. Turns out I was right. FF also told me several times that Honda of Concord did my rear main seal replacement. So when I talked to one of their service writers he also verified that my car has never been there because they scan the VIN on every car. 

So I talked to the dad and he said he would not let me have my car until I paid the bill. He said "I figured out what was wrong with it and figured it out and fixed it." My reply, "so you, personally, diagnosed and fixed the car, yourself?" He acknowledged. So I revealed some of what I had figured out and he didn't seem to care. You could hear that he was surprised, but he didn't have much to say. I then told him he could let me have my car back at no charge and I'd walk away or I would pursue every means possible of getting justice civilly, criminally and any other way. That I would come after him, his business and his son. So then he tells me his son doesn't work for him and that it's between FF and I. I was so pissed I just assumed he fixed the ECM. 

I put a message on FB Friday saying that I'd been scammed by a local business and needed attorney recommendations. Ironically it was the girl who originally referred me to the busines that threw out a name. I IM'ed her that it was her brother FF that was the culprit. She sent over her number and told me to call her. She confirmed that her brother was a lying sack of crap and was surprised that her father wouldn't do anything. Said she'd talk to him and see if she could change his mind. Said FF had been a constant thorn in their side and this wasn't his first issue. Also revealed that he's been on disability for years and isn't supposed to be working anyway. I gave her until yesterday at 1700 to let me know if she had any success with her dad. She did not. 

So I called her dad about an hour ago and asked for a copy of the bill. The total was 396 for a distributor and cam censor. The total was 396 with no adjustments so now the 200.00 for the exhaust is just out there in limbo somewhere. 

There are a number of other lies I caught him in that have no bearing on the car, but I seriously think he has some mental health issues. 

So now I'm trying to figure out how to proceed. I contacted an attorney today but he wants 100.00 just to talk and doesn't have an appointment open for 2 weeks and I don't have my work schedule for then yet. I really want the car back so I can start to figure out what kind of engine is in it and then sell it, but I don't have 400.00. 

I want FF arrested and charged for fraud. I want my bill wiped clean and some sort of restitution and I'm reporting him for disability fraud as well. 

So, thanks for reading. Any advice is welcome. I'm mad as a hornet right now and may have left out some stuff. Ask if you need clarification. Thanks in advance. 

[Zaximus]

Dang, that anticipation

[t96]

Judge Judy? Guy wouldn't get arrested but you could get the car and some money.

[Still Brooklyn]

Advice? Play cheap games, win cheap prizes.

[Kevin Greene]

A 99 Civic and 2004 Civic drive trains are completely different engines. What sort of idiot would even attempt such a conversion? You have been scammed by a lying, cheating POS. I'd contact the BBB and tell the guy either you get a full refund asap or trouble will follow. 

[Kevin Greene]

Incidentally, when you need a replacement engine for this type of vehicle this is the type of place you go:

http://losangeles.craigslist.org/sgv/ptd/5854056173.html

The idiot that modded a 2004 motor into your car has probably caused irreparable damage however.

[Ja Rhule]

I had similar happen with my 2002 civic.  Paid the guy I knew $2,000 to fix check engine light who is certified mechanic.  He fuged my car so bad.... took to Honda dealership and the original fix was $40.... I paid him $3,000.... He did no try to defraud me.... he was just clueless lol

[chknwing]

actually, its all ops fault.  he tried to be cheap and bought a pos car. then tried to be even more cheap by not towing it to the dealer or some well known company.  Live and learn I say.  Yeah you got ripped off but you put yourself in a position to be.

[Still Brooklyn]

Seriously. Getting work done on the side, or by a small business will always run the risk of shoddy work. You walked right into that one, OP. And you want to have him arrested? LOL. Wow. You got scammed. Civil court is your only option. And even then you'll have to prove a lot.

[Jackofalltrades]

21 hours ago, Kevin Greene said:

A 99 Civic and 2004 Civic drive trains are completely different engines. What sort of idiot would even attempt such a conversion? You have been scammed by a lying, cheating POS. I'd contact the BBB and tell the guy either you get a full refund asap or trouble will follow. 

He didn't care despite the proof I had. Off to court we go. 

1. I didn't have the money or the interest and going to buy a new car. So I went with a well known and respected brand with a reputation for longevity. The car had one prior owner and despite earlier engine issues I'm not sure not the engine even needed to be changed or was. 

2. There are small business owners all over the place that do business the right way. This particular place had good reviews and I personally knew the guy since elementary school 30+ years ago. He told me he specialized in Honda/Acura and was ASE certified. Perhaps I should have done a full investigation before I trusted him. Was I trying to save money? Of course, especially given the circumstances of the original purchase. 

3. He knowingly defrauded me and I have several articles of proof. I now have two other people who have come forward who suffered the same fate with these people. Yes, I will call the magistrate tomorrow and discuss criminal charges. Obtaining Property by False Pretenses is a Class H felony. Again, I have proof. I'm also going to report him for disability fraud as I just found out he's collecting disability while continuing to work at his father's shop and at home. 

4. I got scammed, I was too trusting and didn't follow my instincts but that doesn't make it ok. He will be held accountable. I will pursue absolutely every means at my disposal. 

[Khyber53]

Yeah, you got scammed. He caught you over a barrel and took you for a ride.

From what you've said, he's at best a shadetree mechanic yanking work out of his Dad's shop and trying to steal not just from you, but from his dad, too. You can sue the guy, but do you think he has anything whatsoever to give you? The guy won't even show up for court, you'll have a judgement that can't be paid off and an attorney's fee.

Your best bet is to go to the local BBB and ask them for help going after the shop. They might be able to wield some pressure where it could do some good for you. And I would ask for the original engine to be replaced in the car. That engine might be shot, but at least it was the right one for the car. 

And while you are at the BBB, ask them where to take the car to be fixed. You don't, and shouldn't, have to go to the dealership. There are good mechanics everywhere, certified ones. Just pick up your local paper and see who is advertising and which ones say they are certified. It's really old fashioned, but it works.

[thefuzz]

19 hours ago, Khyber53 said:

Yeah, you got scammed. He caught you over a barrel and took you for a ride.

From what you've said, he's at best a shadetree mechanic yanking work out of his Dad's shop and trying to steal not just from you, but from his dad, too. You can sue the guy, but do you think he has anything whatsoever to give you? The guy won't even show up for court, you'll have a judgement that can't be paid off and an attorney's fee.

Your best bet is to go to the local BBB and ask them for help going after the shop. They might be able to wield some pressure where it could do some good for you. And I would ask for the original engine to be replaced in the car. That engine might be shot, but at least it was the right one for the car. 

And while you are at the BBB, ask them where to take the car to be fixed. You don't, and shouldn't, have to go to the dealership. There are good mechanics everywhere, certified ones. Just pick up your local paper and see who is advertising and which ones say they are certified. It's really old fashioned, but it works.

No need for an attorney for small claims court.

 

That's your best option.  The guy probably doesn't have the money to pay you, but hopefully you can get a lien on his property.  He probably won't show to be honest.

 

@Jackofalltrades

[Khyber53]

26 minutes ago, thefuzz said:

No need for an attorney for small claims court.

 

That's your best option.  The guy probably doesn't have the money to pay you, but hopefully you can get a lien on his property.  He probably won't show to be honest.

 

@Jackofalltrades

Thefuzz is right. Small claims and then call your insurance company. Explain that an uncertified mechanic took your car from the repairshop to take it home and work on it, then destroyed your car and see if that is covered by your policy. You never know what might develop from there.

At this point, I wonder if you could consider that he basically stole it when he took it from the repair shop? Might be worth a call to the local police....