can i ask for the amount i actually paid for my vehicle or just blue book value

[Mrsrobertajones56]

What is the name of your state? What is the name of your state?

 

[Mrsrobertajones56]

What is the name of your state? What is the name of your state?

New Mexico

 

[PayrollHRGuy]

You can ask whatever you want. You will only be awarded, in most cases, what it is worth.

 

[Mrsrobertajones56]

What is the amount I can ask

You can ask whatever you want. You will only be awarded, in most cases, what it is worth.

Thanks
for

 

[quincy]

What is the reason you are asking for anything? What happened?

 

[FlyingRon]

The answer is, by the way, neither. You get the fair market value of the vehicle. If you have options or additions or uncommonly good condition or the like, you should bring that to the attention of the appraiser or the court or whatever. I got a few hundred dollars extra one time because I pointed out I had just put new tires on the car.

 

[Mrsrobertajones56]

What is the reason you are asking for anything? What happened?

my RV overheated in Albuquerque, New Mexico while I was heading home toOsage City, Kansas. I called a RV repair shop and had it towed to that shop. The shop owner said he'd have his mechanic check it out and he would let me know what's wrong with it, I explained I had to get home and told him that I lived in Kansas, and asked him if he would fix it which he said he could and asked if I was a veteran, cause if so I could get a discount on the parts through auto zone. I told him I was but I don't have a veterans card which they'd want to see. Then I paid him 1000.00 deposit and continued on my way home. Stop at a motel for the night and while there shop owner calls me and tells me that the motors engine overheated serverly and so I told him to go ahead and just get a new engine, which he said he'd do. Next day he calls me while I'm still driving home to tell me hefoynd a engine and that I would just have to call auto zone and talk to Noel and to give him my card number. I told him I was still on the road and it would have to wait another day possibly 2. He said okay just call him when I had done that. It was to late in the evening to call auto zone once I got home and early the next afternoon I get a call from auto zone, it's Noel, he tells me he talked to Jake (shop owner) and that they found a engine and told me what came with it and about the warranty and then what it would cost. I said OK and gave him my card number, then I asked when it would be delivered to the shop (it was the 27th of Sept then) he told me it wouldn't get there till the 3rd of Oct. So I then called the shop and told the owner when to expect it . On the 3rd I called auto zone to see if it was delivered and was told that the shop had gotten it already and they had it in already. So I called the
RV shop and was told yes the motor was in but that the old water pump didn't fit and we needed to replace it with one that did. So I called autozone and had it replaced, couple days lateri call shop back figuring to get a date where I could come get the motorhome and the shop owner then tells me that I need to relace the exhaust manifolds cause they were cracked really bad, so I tell him to go ahead then asked how much longer till its done, he says he's not sure cause he's having problems getting the parts but shouldn't be long. Few days later when I called him to see how things were going he sounded upset and tellse that auto zone ordered the wrong part and that he has one manifold that works but was still looking for another. At that time I told him I would be there the night of the 12th and he said that nobody would be there that weekend (the balloon festival was happening at the time) and we could stay in the RV till Monday and go from there. Which I did, on Monday morning when the shop owner showed up he said he was waiting on the other manifold, well at that time I was thinking if they ordered the wrong manifolds I'll just call and get the right ones, that's when the shop owner tells me that auto zone sent the wrong motor, my motor is a 89 with a carbortor and the one they put in its a 96 fuel injection. But he said he found a manifold and it should work we would know in two days, so I get a motel room for two days. Went back to shop 2 days later and the owner said his mechanic was just finishing up and that they will have to take it to a muffler shop to modify where it hooks up to the muffler. Few minutes later he comes out and tells me that it ain't going to work, the engine wouldnt stay running, when I asked him why not just take the engine out and get the right one put in, he told me he was taking out the engine unless he was paid for the labor to take it out and that auto zone shrewd up so he was waiting for them to get back with him to find out if they would. I told him I needed to go back home, I also paid him another 1000.00 on the RV and I asked him to call me when he knows. About 4 or 5 days later I called him and he said they won't pay him the labor to pull it out and said I should call my credit card company and dispute the charge, which I did th following day. After I had done that I called the shop owner back and told him I needed him to mail me all the receipts he had for all the parts he had gotten from auto zone on my RV so I could send them with the papers my card company needed for the dispute I was filing with auto zone. Once I had the receipts and had mailed them I called the card company to find out how long it would take before I would know what happened ( this was in November)and was told it could take up to 90 days. So I called the shop owner to tell him this, he said it was okay he had a customer who had rented a storage place for a couple months for his RV I was working but didn't need it anymore and that he could use it so he had mine towed there. And I didn't have to pay cause it was payed for already. I didn't think anything about that at the time, and I called the shop owner every couple weeks to check on things. Then around the first week of Jan I called him and asked him if I get the money back on the motor and I got the right motor would he put it in, he said he wasn't taking that engine out till somebody pays the labor it would cost to do so. When I asked him if auto zone loses the dispute and I get the money back on the motor what then, he told me that he wasn't taking that motor out unless some one paid him for it and hung up. Well I called him again on the 16th and he answered but when he heard it was me he hung up. So I called him right back and was sent to his voice mail where I left him a messagesaying who it was and to please call me when he could. Later I went to get my mail and I received a certified letter form him stating he had a lien sale in my RV and that I had 10 days to pay him 2000.00 for parts and labor plus storage fees if I did not pay him this he would be able to sell my RV. I already paid him 2000.00 to fix my RV which he didn't do. And I wouldn't know if I won the dispute until after the 10 days, where up. Plus he totally ignored my calls. Needless to say I am taking him to court for 10,000.00. I didn't want to ask for the price I paid for my RV if the blue book value happens to be even lower then what I paid for it. (I just happen to get the RV a week before this all happened).

 

[FlyingRon]

Dude. Paragraphs are your friend.

Anyhow, the details are found just by jumping to the last paragraph.

. Later I went to get my mail and I received a certified letter form him stating he had a lien sale in my RV and that I had 10 days to pay him 2000.00 for parts and labor plus storage fees if I did not pay him this he would be able to sell my RV. I already paid him 2000.00 to fix my RV which he didn't do. And I wouldn't know if I won the dispute until after the 10 days, where up. Plus he totally ignored my calls. Needless to say I am taking him to court for 10,000.00. I didn't want to ask for the price I paid for my RV if the blue book value happens to be even lower then what I paid for it. (I just happen to get the RV a week before this all happened).​

You're going about this the wrong way. You don't sue him over the value of the RV (no matter how it is determined). You file for a replevin to get your vehicle back (to stop the lien sale) and to recover the money you have paid without receiving any benefit.

 

[Mrsrobertajones56]

Dude. Paragraphs are your friend.

Anyhow, the details are found just by jumping to the last paragraph.

. Later I went to get my mail and I received a certified letter form him stating he had a lien sale in my RV and that I had 10 days to pay him 2000.00 for parts and labor plus storage fees if I did not pay him this he would be able to sell my RV. I already paid him 2000.00 to fix my RV which he didn't do. And I wouldn't know if I won the dispute until after the 10 days, where up. Plus he totally ignored my calls. Needless to say I am taking him to court for 10,000.00. I didn't want to ask for the price I paid for my RV if the blue book value happens to be even lower then what I paid for it. (I just happen to get the RV a week before this all happened).​

You're going about this the wrong way. You don't sue him over the value of the RV (no matter how it is determined). You file for a replevin to get your vehicle back (to stop the lien sale) and to recover the money you have paid without receiving any benefit.

He already got rid of the RV, and now that I won the dispute on the motor auto zone has refused to do any more business with him until he pays them for the motor. I don't have the money or the time to do what you suggested, for one thing I live over 700 miles away and in a different state. Just trying to get a lawyer to call me back took any where from 3 to 6 days. Money was the next big problem, plus the RV still didn't run and I'd have to pay for the motor to come out which I couldn't do. It is a big mess.

 

[Mrsrobertajones56]

He already got rid of the RV, and now that I won the dispute on the motor auto zone has refused to do any more business with him until he pays them for the motor. I don't have the money or the time to do what you suggested, for one thing I live over 700 miles away and in a different state. Just trying to get a lawyer to call me back took any where from 3 to 6 days. Money was the next big problem, plus the RV still didn't run and I'd have to pay for the motor to come out which I couldn't do. It is a big mess.

Sorry about no paragraphs but I'm doing this from my phone. Please bare with me.

 

[FlyingRon]

You still don't get to sue over the value of the RV. I suspect you really need an attorney if you plan to pursue this.

Unless there was some malfeasance in the way the sale was handled, the value of the RV was what it sold for. The only remaining issue is what you legitimately owe him for repairs versus what the sale netted.

 

[Mrsrobertajones56]

You still don't get to sue over the value of the RV. I suspect you really need an attorney if you plan to pursue this.

Unless there was some malfeasance in the way the sale was handled, the value of the RV was what it sold for. The only remaining issue is what you legitimately owe him for repairs versus what the sale netted.[/QUOT
We paid him up front 2000.00 to replace the bad motor with a new working motor. He took out the bad motor put in a motor that doesn't work. Then said he wasn't taking that motor out unless he was paid for it. So yes this is the only way it can be resolved, I guess.

 

[justalayman]

The problem is you purchase the motor. It was a bad idea to work this how it was but it’s too late now. Yes, he is, or was due the labor cost to remove your motor.

This is why you don’t bring your own parts to a garage. If the mechanic had sourced and purchased the motor the shop owner would have been obligated to remove the engine without charging you a thing. P

 

[Mrsrobertajones56]

The problem is you purchase the motor. It was a bad idea to work this how it was but it’s too late now. Yes, he is, or was due the labor cost to remove your motor.

This is why you don’t bring your own parts to a garage. If the mechanic had sourced and purchased the motor the shop owner would have been obligated to remove the engine without charging you a thing. P

Here's the thing though, the shop owner calls me saying that he called auto zone talk with a guy there who found an engine for me, all I had to do was call auto zone and ask for that same guy who is expecting my call and give him my card number. I told him that it would be at least a day or more before I couldcall cause I was still driving home then but I would call him once I had done that. I barely made it home and got settled in the living room when my phone rings I answer it and find out its that guy from auto zone and that Jake gave him the number cause they found the engine I needed for my RV and that it would cost 2800.00 it was a 460 had a 3 year warranty and he said we'd get the 800.00 core back once the old engine was brought in, so I said okay and gave him the number, after that I asked when it would be delivered to the shop (the date then was the 27th of Sept) he told me the earliest would be the 3rd of Oct. And the call was ended. I called the shop owner told he that I paid for the engine but it wouldn't get there till the 3rd. He didn't sound very happy that it would take that long to be delivered, I told him there was nothing I could do about that, but at least he knows when to expect it.
On the 3rd I called auto zone and talked to that guy to see if the motor had been delivered and was told that it had gone out the day I paid for it. And that it was already my RV. So I then called the shop owner and he said it was in already. But the old water pump didn't fit the new motor and since the old motor had overheated so bad it was probably a good idea to get a new one anyway. And that the exhaust manifolds old also need to be replaced cause they were cracked really bad to. So I told him to get whatever parts he needed, he said he would get the manifolds himself but I had to order the water pump from auto zone which I did. When I called him a few days later to see how things were going is when I found out that they put the wrong engine in. The old engine was a 89 460 with a carborator and the engine he put in was a 96 460 with a fuel injector. He said auto zone ordered the wrong engine, and auto zone said he ordered the wrong engine. I told him that all I did was pay for it, you guys had it all set up so that's all I had to do. And he agreed with me. He told me I shouldn't have to pay to have it taken out auto zone should. He told me that if I disputed the purchase with auto zone and received my money back then if auto zone wanted the engine they will have to pay him for the labor. So we disputed the purchase and we're told it would be 90 days before a decision would be made. When I told the shop owner this and asked him will my RV be okay at his shop during this time, he said not to worry about that he had it towed to a storage place, I told him I couldn't afford that he told me I didn't have to pay for it it was already paid for at least for a couple months. When I received the receipts from him on the engine I noticed the year of the engine, and called him and asked why he didn't notice it wasn't the same year as the old one he lied to me and told me he didn't receive the receipt until later, and that by just looking at the engine you can't tell the difference. And up until I received his answer to my complaint and summons to court I had to take his word for it. The copy of the receipt he sent me in the mail when I started the dispute had no bar code on the bottom of it, which made me think that he didn't get a copy until after he had put the engine in. But his copy of the same receipt has the bar code on it.

 

[Mrsrobertajones56]

Shop owner never called to tell us it was delivered on the 27th, nor did he bother to look at the receipt that he was given other wise he would have seen it was at least the wrong year. He just put it in. And when he realized that he wouldn't get auto zone to pay for the labor to take the engine out on top of having already told me himself that I shouldnt have to either. And I don't think he wanted to give the money we paid him back on top if it so he put a mechanics lien hold in it knowing that I couldnt really do anything about it, at least until I new who won the dispute and that wasn't know until a few days after the 10 day period on the lien. The shop owner and his mechanic ordered the motor, at that time I was driving home which is in a different state and 700 miles away, the store they ordered the part from called me 2days later to get my credit card number for that order, and then that store delivered the part to the shop.