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Ever ran into this?

select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
edited July 2010 in General Discussion
I paid the interior guy in cash in front of a witness at the car show to do my wifes interior in the camaro. I requested in an email ..twice he bring samples to match the car to the car show. He did not bring samples. Then a week later I call him to see the progress of the work. He hasn't started. So I told him we thought the red inserts in the seats may be too much red in the car.. so to cancel the whole thing and we will just live with the black leather interior. He said he would go to the dealership again to look at the car and get back with us with maybe another idea. He didn't get back. Dealership calls and he doesn't have a clue what to do. I finally talk to him Monday and he throws in the towel and says he has nothing. So I ask him to put the money for the car in an envelope and the driver from the dealership will be over to get the seats. Just give the driver the envelope. He agrees.
Then a funny thing happens. Seats are picked up by saleman and he does not give an envelope to him. I call him and he is keeping all the money for the job. Will not refund anything. Besides going to jail for assault and battery what recourse would you take? He was suppose to provide a service and didn't.. and then kept my money..

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    cccoopercccooper Member Posts: 4,044 ✭✭
    edited November -1
    Are you averse to a little black ops? No corpus delecti, no case[}:)][}:)][}:)][}:)][}:)][}:)][}:)]
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    penetraitorpenetraitor Member Posts: 3,870
    edited November -1
    You could do a drive by paint balling on his house or car.[:D]
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    Ox190Ox190 Member Posts: 2,782 ✭✭
    edited November -1
    File theft charges.
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    select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
    edited November -1
    quote:Originally posted by Ox190
    File theft charges.


    I was thinking about go seeing the local Magistrate in his home town and seeing if a criminal charge and a warrant signed. He did no work and refused to refund. Dale Earnhardt Chevrolet is also mad as hell. They are never using this guy again.
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    select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
    edited November -1
    quote:Originally posted by Barzillia
    Call him, and tape the call.

    Offer to pay him another $100 to do the job in black, stating how much you have already given him, and asking if that is acceptable. Get him to admit having received the money.

    Then 'splain to him how the cow ate the cabbage.

    Off tape.


    He will not take a call from me.The seats are black leather. I was going to do red inserts in them to match the car. He could not match the car. Then he keeps the money. I have a witness to the transaction. He is in NC and I am in SC.
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    ruger41ruger41 Member Posts: 14,647 ✭✭✭
    edited November -1
    Sadly lesson learned--NEVER pay all of the money up front to do ANY kind of auto work be it interior or paint & body--especially in cash without a receipt & written estimate--half those guys are flakes--very few are gonna be a Chip Foose. I belive you only have 2 ways of going about it--1. Be at his shop door when he opens up and demand your money back, without threatening violence. 2. Call the local PD and file a theft complaint--depending on how much money we are talking maybe call a lawyer. At most he MIGHT be able to charge you a small fee for the time of his you wasted by changing your mind--but not keep all of it thats for sure. Since he works on car interiors he MIGHT be subject to the Bureau of Automotive Repair if there is one in that state.

    When I lived in CA by law a shop is supposed to give you a written estimate of work to be perfomed and if they fail to do so you sometimes have recourse with the BAR. I've seen them make shops refund money back to the customer more than once when they failed to give a written estimate and the final cost was well above the verbal estimate--it's at least worth checking to see if SC has one.
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    select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
    edited November -1
    quote:Originally posted by ruger41
    Sadly lesson learned--NEVER pay all of the money up front to do ANY kind of auto work be it interior or paint & body--especially in cash without a receipt & written estimate--half those guys are flakes--very few are gonna be a Chip Foose. I belive you only have 2 ways of going about it--1. Be at his shop door when he opens up and demand your money back, without threatening violence. 2. Call the local PD and file a theft complaint--depending on how much money we are talking maybe call a lawyer. At most he MIGHT be able to charge you a small fee for the time of his you wasted by changing your mind--but not keep all of it thats for sure. Since he works on car interiors he MIGHT be subject to the Bureau of Automotive Repair if there is one in that state.

    When I lived in CA by law a shop is supposed to give you a written estimate of work to be perfomed and if they fail to do so you sometimes have recourse with the BAR. I've seen them make shops refund money back to the customer more than once when they failed to give a written estimate and the final cost was well above the verbal estimate--it's at least worth checking to see if SC has one.


    We are thinking pretty similar. Here is the link to NC law. I did not receive an estimate. He did provide me with a written estimate on the other car he did the interior on. Can't for the life of me think why he would keep my money on the wifes car.

    http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_20/Article_15B.html
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    ruger41ruger41 Member Posts: 14,647 ✭✭✭
    edited November -1
    Not sure--but I dealt with so many auto repair, body & interior shops when I used to sell exhaust products and there are as many flakes as good folks in the repair business. Many of them suffer from buying too many toys & not paying the bills or they are into drugs. We had one customer who ended up going to jail for 8 years because he ran a muffler shop during the day and at night he sold cocaine & ran escorts.
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    select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
    edited November -1
    Since he provided no estimate the job is null and void. I will see what my local Judge says. He will give me the scoop how to go after the guy. This interior guy screwed up. He had it handed to him on a platter and now he gets NO business from Dale Earnhardt Chevrolet for custom interiors. He also will get NO mention on the presentation board at the Corvette Museum when my car is displayed. He could have gotten work off of that also. What a maroon.
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    we_dig_itwe_dig_it Member Posts: 6,614 ✭✭✭
    edited November -1
    quote:Originally posted by select-fire
    Since he provided no estimate the job is null and void. I will see what my local Judge says. He will give me the scoop how to go after the guy. This interior guy screwed up. He had it handed to him on a platter and now he gets NO business from Dale Earnhardt Chevrolet for custom interiors. He also will get NO mention on the presentation board at the Corvette Museum when my car is displayed. He could have gotten work off of that also. What a maroon.


    Maroon=Moron[:D]
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    john wjohn w Member Posts: 4,104
    edited November -1
    send him a registered letter stating if he does not return your money you will sue him and blackball him at every car show and person you meet. Talk to the local police chief in the town where he lives first though. Get notorized statements from any witnesses that seen you exchange money. Tell him you will have big signs to take to the car show stating how he screwed you. You may never get your money back but will have fun screwing with him!.
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    select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
    edited November -1
    quote:Originally posted by john w
    send him a registered letter stating if he does not return your money you will sue him and blackball him at every car show and person you meet. Talk to the local police chief in the town where he lives first though. Get notorized statements from any witnesses that seen you exchange money. Tell him you will have big signs to take to the car show stating how he screwed you. You may never get your money back but will have fun screwing with him!.


    I have a witness to the money exchange. He never emailed me an invoice like the other car I had done. So , no invoice no sale. I am not stooping to his level. I will handle it thru the Magistrate's court and sue him and his business. Once I win in 60 day, then I can go public in his local paper. He had it made if he would have refunded the money. Dealership would have sent him plenty of work. Now they won't ever deal with him again.
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    slipgateslipgate Member Posts: 12,741
    edited November -1
    Dale Ernhardt Chevrolet should refund your money and make it their problem, it is the right thing to do.

    That said, if they are not willing to do the right thing, it is still a civil matter and not a criminal matter. Registered letter and courts would be your next choice.
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    mrdropclothmrdropcloth Member Posts: 614 ✭✭✭
    edited November -1
    How much money are we talking about.
    Small claims court or grand larceny?
    Do you have a BBB?
    Do a check also wit your local TOPIX>NET and see if he has a running history of rip offs.
    Good luck. Keep a cool head or it could go south if your temper takes over...not worth it. Do it legal if possible.
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    select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
    edited November -1
    quote:Originally posted by slipgate
    Dale Ernhardt Chevrolet should refund your money and make it their problem, it is the right thing to do.

    That said, if they are not willing to do the right thing, it is still a civil matter and not a criminal matter. Registered letter and courts would be your next choice.


    Just pulled this guy's information off the NC attorney generals website. He business is Inc. and he is the registered agent. Just fixing to send him a certified letter to his registered address with the state of NC. I am giving him 5 days from receipt to make it right or go see the magistrate in his home town.
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    shoff14shoff14 Member Posts: 11,994 ✭✭✭
    edited November -1
    He should be giving the money back, but he should be compensated for his time before you canceled the order whether or not the service is completed or not. Now if he already order materials. You would be out your money, end of story.
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    JnRockwallJnRockwall Member Posts: 16,350 ✭✭✭
    edited November -1
    You and said witness should go to the Police dept of his town and file against him. Have him arrested. While he is sitting in jail take that extra $100 to the courts building and file a small claims suit against him for the money, loss of time from work, and any and every other inconvience you can think of. And be sure to tell them he can be summoned at the local jail where he is currently being held. I am sure the Constable would be more than happy to walk the papers next door for delivery.

    This guy will know you mean business the second he is arrested and then add that insult to injury by serving him while he is awaiting bail.

    When he gets out, have someone with a big stick waiting for him at his shop. Don't be agressive. Just stand there and stare at him. I am pretty sure it is NOT illegal to be on public property with a big stick.

    I am willing to bet that your calls will not only get answered but he will call you and your money will appear ASAP.
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    select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
    edited November -1
    quote:Originally posted by shoff14
    He should be giving the money back, but he should be compensated for his time before you canceled the order whether or not the service is completed or not. Now if he already order materials. You would be out your money, end of story.


    Not true. NC requires a written estimate prior to working on the car. He did no work. I requested in an email he bring the material to match the car prior to the car show June 19th. He did not bring anything to the show. Then the following sat he went back to the dealership to match materials. He calls me up and says Nothing .. Nothing is going to work. Then he keeps my money. I just sent him a certified registered letter. It went to his registered agent ( himself ) address on file with NC. He has 5 days from receipt to refund my money and return my seat inserts from my car.. If not then I file a lawsuit.
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    COLTCOLT Member Posts: 12,637 ******
    edited November -1
    Im sorry to hear you got screwed and surprised this happened to you in this manner, I figured you of all people know better.

    You got so excited about the cars you dropped your guard and common sense went out the window, happens to everyone at some time. A lot of people have gotten screwed on a gun deal I imagine, a gun they REALLY wanted and had looked for and finally found, and were willing to over look the red flags to finally get it.

    Since there is probably nothing legally that you can do(?), and you dont want to whip his *, I'd forget it and move on.
    Any more time spent on this sounds like a waste of time, energy and money...[;)]
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    matwormatwor Member Posts: 20,594
    edited November -1
    Paid before job was done started, thats bad mojo in business 101.
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    select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
    edited November -1
    quote:Originally posted by COLT
    Im sorry to hear you got screwed and surprised this happened to you in this manner, I figured you of all people know better.

    You got so excited about the cars you dropped your guard and common sense went out the window, happens to everyone at some time. A lot of people have gotten screwed on a gun deal I imagine, a gun they REALLY wanted and had looked for and finally found, and were willing to over look the red flags to finally get it.

    Since there is probably nothing legally that you can do(?), and you dont want to whip his *, I'd forget it and move on.
    Any more time spent on this sounds like a waste of time, energy and money...[;)]


    Guy had already done the checkered seats in my other Hall of Fame camaro. I used my visa card on it since I never met him prior to the show. He won't get away with stealing my money. In fact his business is in the same town as Dale Earnhardt Incorporated. Not sitting well with the dealership since they selected him for my interior work. They did outsource the work but I paid him directly. I will do it legally to get my monies back and then ruin his reputation for doing it. I have a big problem with people who steal. Time is on my side. The longer he takes the worse he looks. It's $800 bucks we are talking on my wife's car plus the seat inserts he took out of my car.I have already contacted the visa people to put a hold on my payment to him on my car. I will file a chargeback should he not return my seat inserts. That should really get his attention.
    Little does he know I hold the aces not him.
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