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Should I take this to small claims court? I was ripped off by a car shop

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isabeln10

Junior Member
On Saturday March 29, 2014 around 10:30 am I took my car to Chihuahua tire shop in Aurora, Il because I wanted remote start installed in my 2013 Kia Forte. The girl at the counter started showing me key fob options that I could get; not more than a minute after she began talking a gentlemen ( which I assume was her father and owner of the shop) came up to help me and asked what kind of phone I had (iphone 4s). After I showed him, he pulled out his phone and showed me how he could remote start his car from his phone and told me he could install this in my car as well as program my key fobs so I could start the car from my phone or key fobs in case I lost the phone or the battery died on it. He told me the price for everything would be $400. I left a $100 deposit and he said it would be 2.5 hours. When I went to pick up the car I was then told that in order to use the remote start on my car I would have to pay a yearly membership to the company that made the remote start and that they could not program Kia key fobs. He said all he could do was bring down the price $350. I don’t live in that area as I live in Indiana and was just visiting my parents I paid the remainder and took my car.

Prior to that I called the cops to see if they could do anything for me but the owner of the shop just told the cops that he had told me about the extra charges up front before I left the car, which is just a complete lie and the cops said they couldn’t take sides or make him uninstall the parts without charging me labor.

Should I take this to small claims court?
The resolution I would seek is to have it all uninstalled and my money refunded or him install a remote starter I can use with key fobs and refund me the difference since those are less expensive.
I know it is a he said she said thing but Im a 22 year old girl and I think he just took advantage of me and Im sure he has and will does this again to other customers. I already filled a complaint with the BBB but I know they cannot force the business to do anything.
 


Proserpina

Senior Member
On Saturday March 29, 2014 around 10:30 am I took my car to Chihuahua tire shop in Aurora, Il because I wanted remote start installed in my 2013 Kia Forte. The girl at the counter started showing me key fob options that I could get; not more than a minute after she began talking a gentlemen ( which I assume was her father and owner of the shop) came up to help me and asked what kind of phone I had (iphone 4s). After I showed him, he pulled out his phone and showed me how he could remote start his car from his phone and told me he could install this in my car as well as program my key fobs so I could start the car from my phone or key fobs in case I lost the phone or the battery died on it. He told me the price for everything would be $400. I left a $100 deposit and he said it would be 2.5 hours. When I went to pick up the car I was then told that in order to use the remote start on my car I would have to pay a yearly membership to the company that made the remote start and that they could not program Kia key fobs. He said all he could do was bring down the price $350. I don’t live in that area as I live in Indiana and was just visiting my parents I paid the remainder and took my car.

Prior to that I called the cops to see if they could do anything for me but the owner of the shop just told the cops that he had told me about the extra charges up front before I left the car, which is just a complete lie and the cops said they couldn’t take sides or make him uninstall the parts without charging me labor.

Should I take this to small claims court?
The resolution I would seek is to have it all uninstalled and my money refunded or him install a remote starter I can use with key fobs and refund me the difference since those are less expensive.
I know it is a he said she said thing but Im a 22 year old girl and I think he just took advantage of me and Im sure he has and will does this again to other customers. I already filled a complaint with the BBB but I know they cannot force the business to do anything.


(I'm very glad you know that about the BBB - you've no idea how many people believe they have some sort of regulatory authority! :) )

Small claims is a very simple process but unfortunately it comes with a substantial risk - that being you'll never collect on the judgment.

With that said you can try to obtain a judgment and if you're successful, those things are good for a LONG time.

The problem I see though is that it's not clear whether or not there was any provable wrong-doing. Still, again, it's cheap enough to file in small claims and let the court decide. At most you'll be out the filing fees.

http://www.illinoisattorneygeneral.gov/consumers/smlclaims.html
http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentid=5521#
 

BL

Senior Member
On Saturday March 29, 2014 around 10:30 am I took my car to Chihuahua tire shop in Aurora, Il because I wanted remote start installed in my 2013 Kia Forte. The girl at the counter started showing me key fob options that I could get; not more than a minute after she began talking a gentlemen ( which I assume was her father and owner of the shop) came up to help me and asked what kind of phone I had (iphone 4s). After I showed him,
he pulled out his phone and showed me how he could remote start his car from his phone and told me he could install this in my car as well as program my key fobs so I could start the car from my phone or key fobs in case I lost the phone or the battery died on it
. He told me the price for everything would be $400. I left a $100 deposit and he said it would be 2.5 hours.
When I went to pick up the car I was then told that in order to use the remote start on my car I would have to pay a yearly membership to the company that made the remote start and that they could not program Kia key fobs.
He said all he could do was bring down the price $350. I don’t live in that area as I live in Indiana and was just visiting my parents I paid the remainder and took my car.

Prior to that I called the cops to see if they could do anything for me but the owner of the shop just told the cops that he had told me about the extra charges up front before I left the car, which is just a complete lie and the cops said they couldn’t take sides or make him uninstall the parts without charging me labor.

Should I take this to small claims court?
The resolution I would seek is to have it all uninstalled and my money refunded or him install a remote starter I can use with key fobs and refund me the difference since those are less expensive.
I know it is a he said she said thing but Im a 22 year old girl and I think he just took advantage of me and Im sure he has and will does this again to other customers. I already filled a complaint with the BBB but I know they cannot force the business to do anything.
Is this tire shop listed as a member of the BBB ?

Those quotes stand out to me ,but yes ,it's a he said/she said and who the court finds most credible.Since they could NOT program your fobs ,they should have told you up front and let you decide if you wanted to have them programed elsewhere if possible.

You are looking for a resolution.One thing you can do is call your local Office of Attorney General-consumer affairs dept. and have them send you a complaint form to fill out and send back to them.They will forward it to the tire shop. The shop is not under any obligation to respond ,or may respond with what they told you, or if you are lucky come to a resolution.

If that fails it's off to small claims , or just go the small claims ,but small claims is for monitary judgements and all you can hope for is some compensation , say from estimates to get your fob(s) programed ,and possibly the annual fee,since the equipment is still installed. You would be better off paying the labor fee to have it removed , and a refund , then going to small claims for the labor fee IMO.
 

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