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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I'm running an online auto parts business. I have a lot of

Customer Question

Hi there,
I'm running an online auto parts business . I have a lot of overseas customers and one of my customer wanted to get an engine for a Chrysler 300C Complete Engine I called the sales person at the dealer (Courtesy Chevrolet) which I was buying from for the last 2-3 years and told him that I needed this engine and I gave them the Vin number. They gave me the pricing and I priced up to my customer and he wanted me to place the order. My shipping department received the engine checked the part number on the invoice and the part number on the engine crate and shipped it to my customer right away who is in Turkey. Customer receives the engine and calls me right away saying that it wasn't the correct engine. So I call the dealer back to explain this, and the same sales person helping me out he said that he put the VIN number in GM system and it gave him some another cars engine part number so he sent me that one instead of what I wanted. He apologized and told me to bring the engine back for a refund which I paid $1000 to ship and my customer paid $1000 for duties and customs and there will be another $2000 to bring it back. I told him that making me pay for $4000 is not fair because of a mistake of himself. Meanwhile I paid for the right engine again and got that one shipped out to my customer already. By the wway the cost of Engine was $3080. Since they left me alone on this I decided to make my move.
Now the fun part begins;
I called Amex to dispute this because this engine was not what I ordered, they credit it back to me right away while they are looking into this matter, I saw the charge again after couple weeks I called in asked what was going on, I have been told that the case ended up in their favor but than she looked into more and she said I won the case which made me the happiest person in the world at the moment. So I called the dealer again told them that they made me do this and I was still trying to fix the problem in a good way with them and I talked to the boss this time and he said he would give me the refund once I bring the engine back and he would give me $1000 credit for the other expenses, I told him that this was not fair because my lost is $4000 after getting the money back for the engine. I also explained him that If he doesn't co operate I will have the engine money in my account anyways. But during the conversation things got ugly and we hang up.
Couple days after I called Amex again and told them that even I won the case and still didn't get my money back and I was told that I didn't win the case. They said Dealer submitted a document as a proof and I asked what that proof was and they said copy of the invoice which means nothing :) That invoice can not be a proof I told him and also told him that I have been told that I won the case but now you are saying the opposite I also told him that since we were in a recorded line he could listen to the record and find out about it. He said he has nothing to do about it and he apologized for his coworker.
So overall to make it more clear;
I give the dealer the vin number for a part that I need and he gives me a part number and I ship it to my customer without knowing that it wasn't the correct one and there's no way of knowing it because the only way of me checking if the number on the invoice matching the number on the part. So this is mess up 1 on the dealer side.
Mess up 2 is on Amex side if that lady would have told me that I lost the case than I would accept their offer which is better than nothing.
Because of these 2 mess ups now I have a $7000 lost and I don't know how if I can get any of this in any way?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this issue. Unfortunately, I think you need to move past the credit card dispute stage with your Amex. It appears they are not going to be able to further assist you.

At this point, you need to take the dealer to court for breach of contract, where you can get your money damages under "benefit of the bargain" theory of contract damages.

Fortunately, California's small claims limit is $10,000.00 so you can recover the full amount of your loss in small claims without requiring a lawyer. The California Small Claims self help site gives you helpful information on how to go through the process, and all of the forms you will need. You can find that site here: http://www.courts.ca.gov/1007.htm