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I Just Want my car Back

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D Whited

Junior Member
What is the name of your state?What is the name of your state? Texas

On 6/16/05 I took my car into a well known transmission shop for a diagnosis. On 6/17/05 they informed me that to properly figure out the problem they would have to do a Remove/Check/Install for $250.00. I ok'd it. They told me they would have an answer by 6/20/05 and I would get my car back 6/21-22/05,unless there was a huge problem. Finally on 6/24/05 I called to ask if they had found the problem. (I had not heard anything from them before I made that call.)Being unable to get the adviser handling my car on the phone I went over there and asked. He told me they had the transmission and all clutch components out of the car and were still trying to locate the problem. OK I said, can I get something out of my car? He gives me the keys and I go to the back of the shop. Out of curiosity I looked under the car only to discover the transmission and everything still in place, not even the clutch cable had been disconnected. I went back and asked him about this. My thinking was if they did not have the time to work on the car I would take it back and return with it at a later date (they come highly recommended. BBB checks out, etc.).I was having to share a car with my sister because mine was in the shop. He told me because I had authorized the work the car had to remain there and even though I couldn't see it, repairs had begun. So I went home and called another one of their stores and asked questions about procedures. Then I explained my problem at this other store. The manager there calls the store where my car is and I get a call telling me they will begin teardown right away.
On 6/30/05 I tell them to just put it back together and let me pay the teardown fee because all they tell me over & over is they're looking at the clutch? For that long? So I get upset and go up there to find that my car is torn down, so all I want at this point is to pay the $250 (which actually includes Install, something I can't get)and have the car and all my parts towed over to another shop. Two weeks & I can't even get a straight answer from these guys. The shop refuses to allow me to take the car or parts even though I am willing to sign off on liability and pay the full price for less than half the work. The manager tells my sister & my father the reason he is treating me this way is because I called the other store. So I called the cops, just to be told it is a civil matter, but the shop told the cop they would have my car ready by 7/1/05. They don't return my phone calls and I can't even locate my car on their lot anymore.
According to the cop my only option is small claims court. I'm only in to them for $250.00 because I have not authorized any other work because they have not identified the problem, but they have my car, which they are steadily ignoring, which I just want back.
Small Claims Court in Texas, from the info I can find, only awards money. The judge cannot make demands like "return her car".I don't have money to spare for a lawyer, so I was thinking of suing them for trade in value of the car, as it is less than the $5000.00 max, even though all I want is my car back. What recourse do I have if I do this? Can I say, if I win, "Hey, give me the car instead of the money?" I really love my car and am very attached to it and I just want it back in 1 piece or 40. If they won't finish it I want to take it to someone who will.
Any advice, ideas, or anyone have the number to the suicide hotline? I really am at my wits end here.

Sorry so long winded, but thanks, if you read this.
 


Warped

Member
I'm not a lawyer!!

Let me guess... Are the first two letters of the company name the letter "A"? :rolleyes: This is what I would do in your situation.

Do any of the local television news shows in your area do those consumer advocacy bits in their news segments? I'm sure you know the ones... Local guy/gal gets screwed by a transmission company so they go in, cameras rolling and ask, essentially just wtf is going on. See where I'm going with this? :D Call all of them and whoever shows up or contacts you first gets to do the bit. Good luck!
 

D Whited

Junior Member
Warped said:
I'm not a lawyer!!

Let me guess... Are the first two letters of the company name the letter "A"? :rolleyes: This is what I would do in your situation.

Do any of the local television news shows in your area do those consumer advocacy bits in their news segments? I'm sure you know the ones... Local guy/gal gets screwed by a transmission company so they go in, cameras rolling and ask, essentially just wtf is going on. See where I'm going with this? :D Call all of them and whoever shows up or contacts you first gets to do the bit. Good luck!
Yeah we have this thing called "7 on Your Side" and I'm in touch with them now, but the newest thing to happen is the manager told me my car could not be reassembled because the tranny install guy has been out sick. So an hour later I video taped a guy doing, guess what? A tranny install. I now have 5 hrs. of videotape from that day showing SOMEONE installing 3 transmissions.
 

JETX

Senior Member
D Whited said:
Small Claims Court in Texas, from the info I can find, only awards money. The judge cannot make demands like "return her car".I don't have money to spare for a lawyer, so I was thinking of suing them for trade in value of the car, as it is less than the $5000.00 max, even though all I want is my car back. What recourse do I have if I do this?
Yes, you can sue them for the value of the vehicle, claiming that by not returning it as demanded, they have 'converted' the vehicle.
However, any efforts would have to start with you making a 'demand' to them in WRITING (certified RRR). Send your letter to the OWNER!! Be polite and professional. Relate ALL the facts (as you have hear). Close with a 'demand' that you want your vehicle returned to you within 3 business days of receipt, for the $250 you agreed to pay them..... and that if they fail, you will be forced to consider legal action.

Depending on the court, they can award you the FMV (Fair Market Value) of the vehicle which should be sufficient to 'lead' the repair shop to return the vehicle in lieu of payment.
 
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pammness

Member
Bbb

You can also file a complaint with the BBB. See who they have as the companies spokesperson and contact that person directly. BBB in Va does mediation as well, see what they have to say on this situation.
They have no right to refuse your car to you, you have agreed to pay what you said you would, if you demand your car back, they have to give it to you.
I am unsure why the police say they can't talk to them and get your car back... I would think this is like theft. Holding your car if you owe is one thing, refusing to let them touch it further is another.
Make your self a journal on all this, put everything in it.
Follow the other suggestions here also.
:confused:
 

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