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Shop has full payment, but won't finish car..

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Misterskyline

Junior Member
What is the name of your state? NJ

Hello, I have an older sports car I purchased with a blown engine back in March, and found a "reputable" shop in the NJ area that specializes in these cars. This shop is highly praised on forums and has nearly a 5 star Google rating. So when the service writer there was pushing for full payment up front for a motor rebuild, and promised the car done in 3 months, I did not stop to think that maybe that's a bad idea. My first time in a situation like this. I also did not know prior to having the car towed there that they would want up front payment. So I just went along with it seeing as they are a respectable shop in the niche community of this vehicle(Mazda Rx8).. Long story short, it's been 6 months and they are coming up with every excuse under the sun on why they can't get an engine or have staff shortages, etc. and keep pushing the date further and further with no actual end date. Mind you I have Instagram private messages of them promising it done in 3 months before I towed the car there. Also there was a new engine available back in March from a vendor everyone uses, that I have email proof of from the seller, and showed it to this shop, but for what ever reason they chose to order directly from mazda without telling me, and now it's on back order and the engine from the vendor is also on backorder. Basically not doing their job at all meanwhile requesting payment right away. Now they have it all, they can take all the time in the world. I have dug up some of their older customers from a year and a half ago in the reviews, and spoke with them, and they too have not received their car but paid up front.. The shop also said they can't refund any money at this point when I spoke to them last. My next move when they make up their next excuse will be to threaten with letting the community know of what they are doing, but can any legal action be taken? I really want them to finish, and I'd rather not take it elsewhere. I'm in a very tough position now because I paid up front. Live and learn.. They also never reply to messages or answer phones. Always with the staff shortage excuses. Only way I can get in contact is when I email the owner to complain and he gets the service writer to call me with more excuses and a very bad attitude. Any ideas on what I can do to get myself out of this mess? By the way, I have the receipt that I'm paid in full. Thanks.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? NJ

Hello, I have an older sports car I purchased with a blown engine back in March, and found a "reputable" shop in the NJ area that specializes in these cars. This shop is highly praised on forums and has nearly a 5 star Google rating. So when the service writer there was pushing for full payment up front for a motor rebuild, and promised the car done in 3 months, I did not stop to think that maybe that's a bad idea. My first time in a situation like this. I also did not know prior to having the car towed there that they would want up front payment. So I just went along with it seeing as they are a respectable shop in the niche community of this vehicle(Mazda Rx8).. Long story short, it's been 6 months and they are coming up with every excuse under the sun on why they can't get an engine or have staff shortages, etc. and keep pushing the date further and further with no actual end date. Mind you I have Instagram private messages of them promising it done in 3 months before I towed the car there. Also there was a new engine available back in March from a vendor everyone uses, that I have email proof of from the seller, and showed it to this shop, but for what ever reason they chose to order directly from mazda without telling me, and now it's on back order and the engine from the vendor is also on backorder. Basically not doing their job at all meanwhile requesting payment right away. Now they have it all, they can take all the time in the world. I have dug up some of their older customers from a year and a half ago in the reviews, and spoke with them, and they too have not received their car but paid up front.. The shop also said they can't refund any money at this point when I spoke to them last. My next move when they make up their next excuse will be to threaten with letting the community know of what they are doing, but can any legal action be taken? I really want them to finish, and I'd rather not take it elsewhere. I'm in a very tough position now because I paid up front. Live and learn.. They also never reply to messages or answer phones. Always with the staff shortage excuses. Only way I can get in contact is when I email the owner to complain and he gets the service writer to call me with more excuses and a very bad attitude. Any ideas on what I can do to get myself out of this mess? By the way, I have the receipt that I'm paid in full. Thanks.
Go get your car and ask for a refund. If they don't refund your money, sue them.
 

adjusterjack

Senior Member
My next move when they make up their next excuse will be to threaten with letting the community know of what they are doing
Threatening would be a mistake. Threaten doesn't butter any parsnips.

Put your story online with the "community" NOW.

SCCA has two chapters in NJ.

I'm sure NJ has RX7 and RX8 clubs.

Each likely has facebook pages and forums where you can post your story.

What other sports cars does this shop work on? Those cars have clubs and facebook pages.

Write a review on Yelp, Google, YP.
 

Misterskyline

Junior Member
Threatening would be a mistake. Threaten doesn't butter any parsnips.

Put your story online with the "community" NOW.

SCCA has two chapters in NJ.

I'm sure NJ has RX7 and RX8 clubs.

Each likely has facebook pages and forums where you can post your story.

What other sports cars does this shop work on? Those cars have clubs and facebook pages.

Write a review on Yelp, Google, YP.
Thanks for your reply. So you think it would be better not to give them a heads up and just do it? I feel they'd appreciate the warning and chop chop on getting the car done.
 

Zigner

Senior Member, Non-Attorney
That's a tough one. You would speak to any attorney who handles contract matters. The problem you have is that the cost of the attorney fees would not (may not) be recoverable, and would likely approach the amount of money you wish to recover (if not exceed it). The attorney should be able to advise you. You can start with a strongly worded letter from an attorney to see if that helps, as well.

Another thing to remember is that all your efforts may be for naught. If there is no money to be had, then you'll spend a lot of money and time, yet still not have the $10k back in your pocket.
 

Misterskyline

Junior Member
That's a tough one. You would speak to any attorney who handles contract matters. The problem you have is that the cost of the attorney fees would not (may not) be recoverable, and would likely approach the amount of money you wish to recover (if not exceed it). The attorney should be able to advise you. You can start with a strongly worded letter from an attorney to see if that helps, as well.

Another thing to remember is that all your efforts may be for naught. If there is no money to be had, then you'll spend a lot of money and time, yet still not have the $10k back in your pocket.
Hm, that sucks. But honestly I would rather let the lawyer have that money, instead of them if it comes to it. Shame that scum like this exists, and takes advantage of nice people.
 
How did you pay the shop? If you paid credit card, call your credit card company and see if they can help. Its been a long time, but maybe they can still reverse the charge.

I am not quite following your post - is the part still on backorder from Mazda? What does the paperwork you have from the shop say about sourcing the engine? Does this shop typically source their parts from the OEM? Have you asked them why they chose to source from Mazda? They may have good reasons such as warranty, replacement and a history of better service and price.

There are legal services that will write a threatening letter for a flat fee.
 

adjusterjack

Senior Member
So you think it would be better not to give them a heads up and just do it?
Absolutely. After 6 months and no results, I'd go scorched earth.

I feel they'd appreciate the warning and chop chop on getting the car done.
They are screwing you. Nice is not the way to go.

I have dug up some of their older customers from a year and a half ago in the reviews, and spoke with them, and they too have not received their car but paid up front..
They should be plastering the internet with their stories.
 

Misterskyline

Junior Member
Absolutely. After 6 months and no results, I'd go scorched earth.



They are screwing you. Nice is not the way to go.



They should be plastering the internet with their stories.
I try not to go scorched earth because it really stresses me out, but it seems I have no choice here. Was kind of hoping they'd have the decency to finish by now but it looks like they are just playing games at this point. I'm also very surprised the other customers have not posted about this. But I will try to get them to do it as well if it comes to it.
 

Misterskyline

Junior Member
How did you pay the shop? If you paid credit card, call your credit card company and see if they can help. Its been a long time, but maybe they can still reverse the charge.

I am not quite following your post - is the part still on backorder from Mazda? What does the paperwork you have from the shop say about sourcing the engine? Does this shop typically source their parts from the OEM? Have you asked them why they chose to source from Mazda? They may have good reasons such as warranty, replacement and a history of better service and price.

There are legal services that will write a threatening letter for a flat fee.
Unfortunately I paid cash to save on their credit card fee .. probably another trick to get me to pay cash..

They normally take the old engine apart, and reuse the hardware that is in good shape. This is a rotary engine so reusing parts is common during a rebuild. In my case, non of the parts were good. They knew this in March as they took it apart then and sent me pics. I assumed they had the parts needed to complete the rebuild and they didn't tell me otherwise so I did not go with the other brand new engine I found from a respectable seller many use. Now everything is on backorder. Back then it was not. The other engine I found back then was brand new with a warranty 3 times that of what the shop was offering. Just a dumb move overall by me, like many of my other dumb decisions. Now it's time for me to pay up.

I will definitely need to find out where to get this service for the legal letter to them when and if it comes to it.
 
Unfortunately I paid cash to save on their credit card fee .. probably another trick to get me to pay cash..

They normally take the old engine apart, and reuse the hardware that is in good shape. This is a rotary engine so reusing parts is common during a rebuild. In my case, non of the parts were good. They knew this in March as they took it apart then and sent me pics. I assumed they had the parts needed to complete the rebuild and they didn't tell me otherwise so I did not go with the other brand new engine I found from a respectable seller many use. Now everything is on backorder. Back then it was not. The other engine I found back then was brand new with a warranty 3 times that of what the shop was offering. Just a dumb move overall by me, like many of my other dumb decisions. Now it's time for me to pay up.

I will definitely need to find out where to get this service for the legal letter to them when and if it comes to it.
Lesson learned: if it's too much money to risk losing, it's too much to pinch pennies to save on the credit card fee.

When in doubt, start with Google.
 

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