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Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41221
Experience:  Licensed in PA & NJ, Experienced attorney.
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I took my dodge truck into the shop that I have used before,

Customer Question

I took my dodge truck into the shop that I have used before, the check engine light had just come on when I was out running errands. Therefore, I took it straight to the shop. After the technician examined my vehicle, I was told the my #8 cylinder head needed to be repaired and my spark plugs changes. I was then quoted a price $150. for repair. It was Saturday morning so he told me to bring it back on Monday. I took the vehicle straight home about 1.5 miles and parked it. On Monday I returned with the vehicle. The manager told me it would take a couple of hours to fix he would give me a call. I did not hear from him so at little after 4 pm I called to check on my vehicle. He told me that the truck now had a raddle in the engine and the repair would be much more.
I have an extended warranty on my vehicle, so I told him to do nothing further to the vehicle until he contacted my warranty company.
After waiting 2 days I called the manager for an update. He told me that the warranty company would cover the repairs. The engine just had to be prepped the estimator to come out and give the quote. I then said to him "you may do what ever the warranty company wants you to do to fix the truck."
At this time they removed the entire engine from the truck and tore it down. I again did not receive any contact so I called the next day. At this time the manager told me that the warranty company would not cover the repairs because it was a power train problem. And the power train was still covered under my dodge warranty. I then told him I would call the warranty company myself and find out what is the problem.
The warranty company then advised me that they had only spoken with a Rebecca once on the Monday I dropped off my vehicle. They have a recording of the conversation that Rebecca was told that they would not cover the repair because It was a power train issue that was covered by dodge. So instead of calling me to pick up my vehicle and take it to the dodge dealership on Monday. They lied to me about the warranty, tore down my engine, and invalidated my warranty with dodge.
My truck is now sitting at their shop with no engine in it and I have been fighting with them for over a month. What should I do.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
It appears that this was an issue where the mechanic did not just make a mistake but actively caused harm and did not follow your instructions. As such I would suggest that you contact the Texas Attorney General's office, specifically their 'consumer protection' division and file a grievance over deceptive trade practices against this shop. Then concurrently I would suggest filing suit for 'replevin' (return of property), 'breach of contract', fraud, and also for 'conversion' (destruction of value of the property) against the mechanic over their improper charges and their nullification of your warranty. Depending on the value of the vehicle that may be in small claims or in a higher court. In Texas small claims go up to $10,000, so if damages are more, you'd need to go to the district court instead.
Dimitry, Esq.