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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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i got a helpful response and procurred sworn affidavits from

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i got a helpful response and procurred sworn affidavits from mechanic and helpers who helped me in Utah.
now I am back in Colo.
The copy of the Colo Motor Vehicle Repair act states that "misrepresenting the necessity of repairs" and "misrepresenting that a vehicle is in a dangerous condition" appears to refer to my situation. Also "..either written or oral consent must be given before used, reconditioned or rebuilt parts can be installed"
I contend that the oil cap was used.
The utah mechanic oaths that the colo mechanic said that the oil cap did not thread in well.
the invoice does not list a new oil cap replacement.
the colo mechanic did my oil change prior to the fore mentioned oil change, too.
so, with these two invoices and the utah mechanics sworn affidavit does this represent a valid case and does it have any presidents?

Also, the Colo motor vehicle repair act states that "the customer must send by certified mail a written notice giving the facility 10 days to settle before the customer can file any action in court".
what form would i send this in? Just a letter? should I list all that my financial loss is? (which is alot more than the $7,500.00 i can get in small claims)
Last:
My friend suggests that I report him to the state mechanics licensing board. I could not find this place to report, just got how to get licensed. Can you advice me on how to access this site and if it's a good endeavor?
Submitted: 1 year ago.
Category: Legal
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

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Customer: replied 1 year ago.

I can wait.

I have limited access to computer, so would be dandy if I could get some feed back by Sat.

Thanks,

Alice XXXXX

Expert:  wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you.

Regards,
Wendy
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Customer: replied 1 year ago.

continue but i would like the feed back, please.


I will have computer access again on wed.


if i don't hear something by then i will have to proceed on my own.


A. Sharp


 

Expert:  wendy-Mod replied 1 year ago.
Thank you for your continued patience while we continue our search.

Regards,
Wendy
Expert:  socrateaser replied 1 year ago.
Hello (again).

I've just stumbled on your question. Customer service usually contacts me, if I've been involved with a customer previously. I guess there was a disconnect of some sort. Anyway, you asked:

The copy of the Colo Motor Vehicle Repair act states that "misrepresenting the necessity of repairs" and "misrepresenting that a vehicle is in a dangerous condition" appears to refer to my situation. Also "..either written or oral consent must be given before used, reconditioned or rebuilt parts can be installed"

I contend that the oil cap was used. The utah mechanic oaths that the colo mechanic said that the oil cap did not thread in well. the invoice does not list a new oil cap replacement. the colo mechanic did my oil change prior to the fore mentioned oil change, too. so, with these two invoices and the utah mechanics sworn affidavit does this represent a valid case and does it have any presidents?


A: There is a big difference between proving that someone has affirmatively misrepresented the condition of labor and materials -- and, a defect in workmanship due to a lack of due care. The former is a very difficult proof, because you must show that the person intended to deceive you, and that's not easy at all -- especially in small claims court where you get about 5 minutes to present your case.

The latter proof (negligence) can be inferred from the fact that the mechanic had exclusive control of the vehicle during the repair process, and the vehicle was damaged as a consequence of the repairs. You can prove this in 5 minutes -- you'll never prove misrepresentation in the same period of time.

The point is that if you try to use the Motor Vehicle Repair Act provisions to underpin your case, you may inadvertently make your case too difficult to actually prove, and lose as a consequence. So, be careful with your approach.

Also, the Colo motor vehicle repair act states that "the customer must send by certified mail a written notice giving the facility 10 days to settle before the customer can file any action in court"

what form would i send this in? Just a letter? should I list all that my financial loss is? (which is alot more than the $7,500.00 i can get in small claims)


A: C.R.S. 42-9-113 provides: "The customer shall first make written demand for the customer's damages from the motor vehicle repair facility by certified mail at least ten days prior to the filing of any such action, exclusive of Saturday, Sunday, and any legal holiday." Assuming you intend to pursue the misrepresentation route, then any letter that (1) states the amount of damages and (2) demands that the repair facility pay those damages is sufficient. You can demand whatever amount you can prove, times three. But, you can only collect $7,500 in small claims -- anything more will be irrevocably waived.

Last: My friend suggests that I report him to the state mechanics licensing board. I could not find this place to report, just got how to get licensed. Can you advice me on how to access this site and if it's a good endeavor?

A: I don't believe that Colorado has a separate government agency that licenses auto mechanics. You would file a complaint with the Office of the State Attorney General. To file a consumer complaint either call 1-800-222-4444 or use the online consumer complaint form.

Hope this helps.
Customer: replied 1 year ago.

halelujah, glad to finally hear from you,


i now understand the difference between misrepresentation and negligence. I think since his commercial insurance already paid a


pitance, that assumes his responsibility.


i appreciate your terminology :"defect in workmanship due to lack of due care" and "negligence inferred from the fact that the mechanic had exclusive control...during repair process" and "damaged as consequence of the repairs".


thanks alot.


A

Expert:  socrateaser replied 1 year ago.
You're welcome. Thanks for your continued confidence.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 32952
Experience: Retired (mostly)
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