Auto repair shop switched cheap parts for the ones on my invoice

[travistee2]

What is the name of your state? NM

I had my brakes done at a national franchise shop. They gave me an invoice that listed the high quality parts that I ordered. They told me I could get a ride home and they would bring me back when it was done. They called to tell me that the caliper brackets had broken bolts and they had to order new bolts that take three days to get. While I was there I saw that all of the parts they were trying to put on my car were the cheapest available and not what was on my invoice. If the bolts did not break they would have finished the job and I would not have known what I had. They agreed to get the parts that I originally ordered. I think I should report this to the police since they were caught in the act of trying to rob me. Besides the cheap parts I would have had no warranties since the parts did not match the invoice. If the brakes failed or caused an accident they would have said that is not what was on the invoice and would have denied any responsibility. I think this is a crime. It sounds like they were caught in the act of robbing me.
This was a $1600 job with the correct parts.

Can this be reported to the police as a fraud?

 

[adjusterjack]

I had my brakes done at -------------.

As much as I don't like dealerships at least there you will get factory parts and quality work. You'll pay well, of course, but you'll sleep better.

Can this be reported to the police as a fraud?

Reported, sure. Just don't expect the police to do anything. If anything, it's a civil matter but since you discovered the "error" (ha ha) and got the right parts, there really is nothing you can do but report the "facts" on local review sites, or TV stations, if you want.

 

[Zigner]

What is the name of your state? NM

I had my brakes done at <Big Chain Auto Shop>. They gave me an invoice that listed the high quality parts that I ordered. They told me I could get a ride home and they would bring me back when it was done. They called to tell me that the caliper brackets had broken bolts and they had to order new bolts that take three days to get. While I was there I saw that all of the parts they were trying to put on my car were the cheapest available and not what was on my invoice. If the bolts did not break they would have finished the job and I would not have known what I had. They agreed to get the parts that I originally ordered. I think I should report this to the police since they were caught in the act of trying to rob me. Besides the cheap parts I would have had no warranties since the parts did not match the invoice. If the brakes failed or caused an accident they would have said that is not what was on the invoice and would have denied any responsibility. I think this is a crime. It sounds like they were caught in the act of robbing me.
This was a $1600 job with the correct parts.

Can this be reported to the police as a fraud?

I've reported your post to remove the name of the shop. Admin will replace it shortly.

 

[justalayman]

Yes you can report it. The chances of the police doing anything is between slim and none. They will most likely tell you it’s a civil matter. Since you caught them and they installed the correct parts, you have no damages and as such, no valid basis for any suit

 

[travistee2]

Zigner: Thanks. I thought including the name of the shop was a mistake.

Yes its starting to look like there wont be much I can do.
Seems that attempted robbery should be a crime. If the caliper bracket bolts didn't break they would have gotten away with it and I would have had no way to prove it because they would have said that they didn't install the parts that don't match the invoice.

 

[adjusterjack]

Seems that attempted robbery should be a crime.

It IS a crime. But was happened to you is not defined as robbery in the NM criminal code.

https://law.justia.com/codes/new-mexico/2017/chapter-30/article-16/section-30-16-2/
It could be larceny:

https://law.justia.com/codes/new-mexico/2017/chapter-30/article-16/section-30-16-1/
More likely just fraud:

https://law.justia.com/codes/new-mexico/2017/chapter-30/article-16/section-30-16-6/
Though I agree with justalayman that the chances of anybody getting prosecuted over it are slim and none though you are welcome to file a police report. Nothing is stopping you.

 

[travistee2]

I noticed one other problem.
They tried to give cheap calipers for the rear while they had better ones for the front.
I told them I am not taking the cheap ones and they agreed to replace the cheap ones with the better ones.
Now I noticed on the invoice that the part number is for the cheap ones on the rear. I couldn't tell by looking at a part number.
I emailed them about it but I don't know yet what they are going to do.
Would that be viewed as part of the larceny or fraud.
Is there anything in the law to cover that.

One other thing. They were supposed to do a free brake check. They threw away some of the parts so I could not even see what was wrong with them.
Is there a time limit in New Mexico to cancel a work order if the work was not done yet?

 

[adjusterjack]

Would that be viewed as part of the larceny or fraud.
Is there anything in the law to cover that.

Forget about it. Call the police if you like and you'll find out fast enough that nobody at the shop is going to be prosecuted for those "crimes."

They were supposed to do a free brake check. They threw away some of the parts so I could not even see what was wrong with them.

Yep, that's what those places do. Years ago I knew a guy who worked for one of those franchises. He told me all the secret scams they pulled on customers to inflate the repair cost. Yikes.

Is there a time limit in New Mexico to cancel a work order if the work was not done yet?

You have all the time in the world to cancel the work order - up until the minute they start taking your car apart. Then they've got you and it's too late.

All I can suggest at this point, is you keep going to the shop and hassling the owner. Go public with local TV investigative reporter or review sites. Or take it someplace else, have it fixed right, pay the bill and then sue the first shop for the money.

 

[quincy]

Posting to review sites can be tricky. It is hard for most consumers to stick only to the facts of their single personal experience.

Facts tend to be boring so reviewers will often embellish or exaggerate to make their story more interesting. They will generalize so that their single personal experience becomes in the review the experience all will have.

And that is a problem.

As soon as the reviewer strays from provable facts and pure opinion (opinion that does not state or imply false fact), the reviewer opens himself up to the risk of a lawsuit.

Contacting the media could work if there is a consumer "problem solvers" division. But, unless a complaint with a business is an oft-reported one, contacting the media is unlikely to result in any media investigation or any media coverage.

You might instead want to have your car inspected by a trusted mechanic AFTER all repairs are completed by the franchise, to compare the parts on your invoice with the parts that actually wound up on your car. If it turns out you were charged a premium price for inferior parts, THEN you might have a cause of action worth pursuing.

... All I can suggest at this point, is you keep going to the shop and hassling the owner. Go public with local TV investigative reporter or review sites. Or take it someplace else, have it fixed right, pay the bill and then sue the first shop for the money.

 

[NeilTheCop]

Having worked as shops like this what you have encountered is referred to in the industry as 'wallet flushing'.
Very common to show a customer a dirty air filter that has plenty of life left, that drive belt that has a few cracks in it but will last for may thousand more miles, or the dirty brake fluid, transmission fluid, coolant etc. and each time tell them of the dire (expensive) consequences of not getting it fixed immediately. And as for putting on the cheapest parts that could be found and telling you they were OEM from the dealer
A side note. In New Mexico and many other states the 'mechanic' fixing the brakes or steering on your $75K car may have been asking "Do you want fries with that" the previous day. There is no basic competency test, no licensing, in fact the only thing needed to call yourself a mechanic and be entrusted with repairing your car, truck or motorcycle correctly, is a pulse.

 

[quincy]

Having worked as shops like this what you have encountered is referred to in the industry as 'wallet flushing'.
Very common to show a customer a dirty air filter that has plenty of life left, that drive belt that has a few cracks in it but will last for may thousand more miles, or the dirty brake fluid, transmission fluid, coolant etc. and each time tell them of the dire (expensive) consequences of not getting it fixed immediately. And as for putting on the cheapest parts that could be found and telling you they were OEM from the dealer
A side note. In New Mexico and many other states the 'mechanic' fixing the brakes or steering on your $75K car may have been asking "Do you want fries with that" the previous day. There is no basic competency test, no licensing, in fact the only thing needed to call yourself a mechanic and be entrusted with repairing your car, truck or motorcycle correctly, is a pulse.

Well THAT is horrifying.

 

[NeilTheCop]

Wallet flushing is commonplace. Just ask anyone who works at an automotive franchise with 'tire' in the title

 

[travistee2]

This is my plan now. I told them and they agreed that they will not do anything on the car unless I am there to see what they are doing.
They want $1600 to replace the pads, rotors, and calipers. The decision I have now is my 2009 subaru with other issues that need repair may not be worth repairing at that price. So I told them not to do anything unless I am there to see what they are doing.
The car needs or will need soon thousands of dollars of other repairs, so it may not be worth the cost of repairs.
I may just leave it there and forget about it. I told them not to do anything unless I am there to see what they do,
It needs air, steering rack is failing, timing belt and water pump is due, and having other issues, So the car is on it's last legs anyway.
The real problem they have is that they removed the pads, rotors, and calipers and did not show me what the problem was with them. They said they threw them in the garbage.
I am not going to pay $1600 to pay for this car, even though I had it since new, since it is not worth that much. I think I will just leave it with them.
I have certain connections with government agencies.....F and C ... they may weigh in on this.

 

[quincy]

Wallet flushing is commonplace. Just ask anyone who works at an automotive franchise with 'tire' in the title

Interesting.

We have a shop near us (father/son mechanics) who have worked on our family vehicles for as long as I can remember.

What I have done in the past is take our vehicles to the dealerships and pay for vehicle inspections but then usually take the inspection reports to our trusted mechanics for any necessary work.

That said, I have purchased tires before from a "tire" franchise because the price was better and I had no problems.

It depends on the franchisee, I guess.

I wouldn't want to disparage an entire company based on my bad experience with one franchisee just as I cannot endorse an entire company based on my good experience with one franchisee.

Good luck with whatever you decide to do, travistee2.

 

[not2cleverRed]

One thing Travis can do, since this is part of a chain, is to write a letter of complaint at a higher/corporate level, assuming that such practices are at odds with the reputation the corporation would like to maintain.