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

[quincy]

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.

The franchisor has spent a lot of time and money building his brand so I agree with Red. The franchisor does not want his reputation tarnished by an errant franchisee.

A complaint to the corporate office often can be an effective way to have an issue resolved.

 

[travistee2]

I know these franchises don't get any control from the franchise company.
I exchanged some emails with the shop. I told them I am canceling my work order that I signed based on the fact that it has parts listed that are not what I was told I would get. The interesting thing is that they don't deny that the part I expected to get is not what was on the work order that I signed.
They write in their email that one of the parts is actually a genuine Subaru part but it was in a box with some off brand name. ( seriously). Based on
the fact that they acknowledge that at least one of the parts is not what I agreed to I told them I am cancelling the work order that I signed, and they also acknowledged that they have not started any work on this.

So the legal question: I believe I have a right to cancel the work order if for no other reason that they have not started to work on the car since they were waiting for parts. My other reason is the work order lists parts that they acknowledge are not the parts that they say I was supposed to get.
In addition they removed all of the brake system parts and didn't let me see them, even though they are now lying about that.

So what happens now? The work order is for $1600. I am not going to pay $1600 to fix the car that needs more work than it is worth, so I am not concerned about letting them keep the car if I have to. What is their obligation to put the car back as it was with my parts as I drove in with.?

I plan to bring the emails they sent me to the police and ask them to investigate this. I also have pictures of the parts they tried to install on the car that are not what is in the work order. Part numbers are not what they are supposed to be on the work order, that they don't argue. They tried to install parts that are different than what is on the work order. They actually said in an email, that the calipers were genuine Subaru parts even though they were in a box of an off-brand company. That Seems to me they are stealing my car. As I said before, I am prepared to lose the car but I think there is reason for the police to be involved in this.

Any advice on how to present this to the police, since this seems to be where it is going.

adjuster said "

travistee2 said:
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.
'

I didn't sign any work order for them to check the brakes. I signed the work order to complete the job to replace the parts, after they took the brake system apart. It's that work order that I told them I was cancelling. They check the brakes for free, so no work order was needed. They did not do any work on the car since I signed that work order. Because of the provable and obvious switching or parts in the work order I cancelled the order and I asked them to put the car back as it was when I came in.

 

[Shadowbunny]

I plan to bring the emails they sent me to the police and ask them to investigate this. I also have pictures of the parts they tried to install on the car that are not what is in the work order. Part numbers are not what they are supposed to be on the work order, that they don't argue. They tried to install parts that are different than what is on the work order. They actually said in an email, that the calipers were genuine Subaru parts even though they were in a box of an off-brand company. That Seems to me they are stealing my car. As I said before, I am prepared to lose the car but I think there is reason for the police to be involved in this.

You've been told by several posters that the police are not going to be interested in this -- why don't you believe it?

You'd be better off contacting your State Attorney General's Consumer Affairs office and filing a complain with them. https://www.nmag.gov/consumer-complaint-instructions.aspx

 

[travistee2]

Please limit your responses to what the law is.
Thank you
I don't think that the police may "not be interested in this" and I don't think that is what others have said.
They said they don't think anyone will be prosecuted. It's a fine point but try to notice the difference.
I think the police may be interested in this depending on how I present it to them.'
If anyone knows the law please comment on this.
They have clear contradictions in their emails to me. I think the police are capable of doing their job.

 

[quincy]

Please limit your responses to what the law is.
Thank you

You can find an attorney in your area to advise you.

Good luck.

 

[justalayman]

Call the police and file a report. After that, it’s up to the, and/or the prosecutor to take the criminal issue further.

New Mexico’s law does require the shop to retain the old parts unless you waive that right

B. All repair facilities shall keep the parts for customer inspection. Customers may retain the parts if they so desire, unless the specific manufacturer requires that the part be returned or if the part is hazardous to the environment. If the customer desires removed parts that involve a core, the customer will be responsible for the core charge. A repair facility shall not be required to keep parts if disposal or special handling is required by law. A repair facility shall not be required to keep parts after a vehicle has been released to the customer.
[1/1/98; Recompiled 10/15/01]

You’ll have to figure out what to do with that info though.

 

[travistee2]

I think I can get other government agencies to get involved in this. I don't have to play by the rules that the masses have to follow.

 

[travistee2]

I have pictures of the parts they put on the car. They are not the same parts that are on the work order.
Besides that they are cheaper parts.
If there is a problem the shop will say those are not the parts they installed.
If there is an accident due to brake failure, same problem.
I told them I am cancelling the work order based on that they tried to install different parts. Seems to me that should be reason to cancel the order.
They removed the parts from the car before I signed the work order.
I don't care if they keep the car. I am not going to pay them $1600. I would have paid it if they at least used the correct parts.
The recent emails contradict the photo evidence that I have.
I will take the evidence I have, emails, pictures, to the police to at least get a report on this.

I noticed that I did not check either box to keep old parts or not.
Does it default to one or the other in NM?
Any advice at this point.

 

[Zigner]

I don't have to play by the rules that the masses have to follow.

Thank you for a hearty belly-laugh to begin my day.

 

[travistee2]

Z: Good that you enjoyed my joke. It helps to laugh sometimes.

On a more serious note; Do you know what the default is if I don't check either box to keep old parts or not?
"I noticed that I did not check either box on the work order to keep old parts or not.
Does it default to one or the other in NM?""

 

[Zigner]

Z: Good that you enjoyed my joke. It helps to laugh sometimes.

On a more serious note; Do you know what the default is if I don't check either box to keep old parts or not?
"I noticed that I did not check either box on the work order to keep old parts or not.
Does it default to one or the other in NM?""

https://forum.freeadvice.com/threads/auto-repair-shop-switched-cheap-parts-for-the-ones-on-my-invoice.653545/page-2#post-3623186

 

[travistee2]

Z: Thanks for the link. I did read that before.
I like to check things even if it seems obvious.

What I think is obvious is that since I didn't check either box I did not waive my right to have the old parts kept.
It should default to New Mexico law.

justalayman: Thanks. I know that I am responsible for core charges. I already decided that I am not going to pay $1600 to get my car back.
It's not worth it and there will probably be other issues that they may have created. They can keep it.


quincy: Yes I know I could go to an attorney. If everyone did that we wouldn't need this forum.

As for the police report; I don't expect them to do anything. If they get enough reports maybe they will realize that it is a crime (larceny)
that should be investigated. I am reporting it as my good deed for today. I was a boy scout! haha.

 

[justalayman]

Z: Thanks for the link. I did read that before.
I like to check things even if it seems obvious.

What I think is obvious is that since I didn't check either box I did not waive my right to have the old parts kept.
It should default to New Mexico law.

justalayman: Thanks. I know that I am responsible for core charges. I already decided that I am not going to pay $1600 to get my car back.
It's not worth it and there will probably be other issues that they may have created. They can keep it.


quincy: Yes I know I could go to an attorney. If everyone did that we wouldn't need this forum.

As for the police report; I don't expect them to do anything. If they get enough reports maybe they will realize that it is a crime (larceny)
that should be investigated. I am reporting it as my good deed for today. I was a boy scout! haha.

I don’t know why you wrote to me about core charges


Anyway. The default is the must retain your old parts

 

[travistee2]

Justalayman: You quoted this "
B. All repair facilities shall keep the parts for customer inspection. Customers may retain the parts if they so desire, unless the specific manufacturer requires that the part be returned or if the part is hazardous to the environment. If the customer desires removed parts that involve a core, the customer will be responsible for the core charge. A repair facility shall not be required to keep parts if disposal or special handling is required by law. A repair facility shall not be required to keep parts after a vehicle has been released to the customer.
[1/1/98; Recompiled 10/15/01]
"

If there was core charge they didn't tell me about it.

I don't expect the police to arrest anyone. I think it's important to keep the police updated on dishonest repair shops. How else can they be
controlled. I don't expect much out of this for myself. The car has 200,000 miles on it and needs other repairs that are more than it is worth, so I
don't really care that much about it. Think of this as a public service.

 

[justalayman]

Justalayman: You quoted this "
B. All repair facilities shall keep the parts for customer inspection. Customers may retain the parts if they so desire, unless the specific manufacturer requires that the part be returned or if the part is hazardous to the environment. If the customer desires removed parts that involve a core, the customer will be responsible for the core charge. A repair facility shall not be required to keep parts if disposal or special handling is required by law. A repair facility shall not be required to keep parts after a vehicle has been released to the customer.
[1/1/98; Recompiled 10/15/01]
"

If there was core charge they didn't tell me about it.

I don't expect the police to arrest anyone. I think it's important to keep the police updated on dishonest repair shops. How else can they be
controlled. I don't expect much out of this for myself. The car has 200,000 miles on it and needs other repairs that are more than it is worth, so I
don't really care that much about it. Think of this as a public service.

I quoted the law. I didn’t address core charges myself.

Dishonest repair shops are dealt with through the state and their licensing processes. The police deal with crimes. Dishonest doesn’t mean criminal.