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Could use Legal Advice


Razorback

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I posted something a while back about my girlfriend's 2002 Honda Accord and the transmission issues she has run into with the Cottman Transmissions shop she went to for repairs.

 

To summarize, she went there last December for repairs, it was "fixed" and then broke 6 weeks later. She took it back in, they fixed it again and that was that for a few months when it started leaking again so she took it in before it broke again. The manager (whose name is Bob) has continually told us something is jacked up with the frame (as it is a salvaged car), yet he did not say anything about this initially until we payed him for the initial repairs. Her dad works for Honda and the car has been out to the Marysville plant, Sam Jackson Auto Body (very top notch shop in Marysville), and a Sears auto service location where her uncle works to be inspected for frame misalignments. None have been found.

 

The car started leaking again about 2 months ago so she had it towed back to Cottman (she has a 12 month, 12,000 mile warranty) and this time Bob claims it was something in the differential. They covered it, but did not give her any paperwork this time claiming that because it was under warranty he didn't need to provide any -- yet he provided it the time before.

 

The car just broke again again and will not shift gears so I've loaned her one of my cars until she can figure out what to do. After the previous time (when we were given no paperwork after the "fix"), she filed a claim with the Better Business Bureau and the Attorney General's office -- the BBB has since notified Cottman and it has been atleast 3 weeks -- the BBB seems to be giving him all the time in the world to respond when she is now vehicle-less.

 

Does anyone with experience in these matters have any advice on what should be the next step? This guy really should be out of business. All she wants to see is either the car fully repaired or to have her money refunded so she can take it to another place to get worked on.

 

Thanks very much for your time to read and respond to this.

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Guest tiresmoker
I hate to hear about this kind of stuff as I have been through shit like this also. Only thing you can do is call the Columbus Bar Assoc. and see if the can recommend a lawyer that specialises in this stuff...maybe you can talk to one for free just to get an idea...good luck man!
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Unfortunatley your/her first mistake was purchasing a salvaged vehicle, those always without a doubt no matter what will cuase problems

 

hopefully this works out for the good of you two in the end, but let it be a lesson learned

 

a few dollars saved here could cost you thousands there

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Find out who his boss is and talk to him if that does not work find that guys boss. Eventually you will get high enough to find someone who will help you if that does not work call the media like 6 on your side nothing like bad publicity on the news to get some action started. Keep calling them and bugging them make them pay. Call him everyday at the same time to make him dread that same time every day.

My two cents.

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A business can not refuse to give you documentation if requested. It is your right to have proof of services rendered. The only time they would not have to supply you with documentation is if the car was used for business, in which case your company would be sent the paperwork. It sounds like the mechanic is doing a half ass'd job. Like one of the previous posts said, getting a free counsultation is the first step. The BBB is very slow. If you wait for them you are looking at anywhere from 3 weeks to 6 months for an outcome. Have you asked them for a refund, or to actually take their time and do it right?
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I think that it would be best to go to Small claims court. The limit is up to $3000 (Knox County) The cost of filing is $25. You dont need a lawyer and it is a VERY effective process. I use it all the time when people/insurance companies dont pay me. Most of the time when someone gets the notice in the mail they will come in and pay the bill or attempt to settle.
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Guest tiresmoker
I think that it would be best to go to Small claims court. The limit is up to $3000 (Knox County) The cost of filing is $25. You dont need a lawyer and it is a VERY effective process. I use it all the time when people/insurance companies dont pay me. Most of the time when someone gets the notice in the mail they will come in and pay the bill or attempt to settle.

 

This is an excellent idea...try small claims

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Have you tried going to u-pull-it for a used tranny?

 

they are only $50 after you return the core. it might be cheaper in the long run to do this rather than to go through the hassles of the legal system. I know you don't want to hear that but it might be the best option.

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Thanks for all the responses fellas. The owner of the shop just responded to the BBB last night trying to justify his position and make excuses (essentially trying to lay the blame back in her direction) and saying her warranty was voided, etc -- her car in the meantime is sitting in the driveway in the same condition it was in the first time it broke 10 months ago -- she put 35,000 miles on the car after buying it originally and then the transmission breaks, it goes to Cottman's and now it won't run for even a few thousand miles without a problem.

 

Next step is to locate an attorney and have the case reviewed to make sure it's worth her and her family's time. I do like the idea of calling 6 on your side -- has anyone here done that? Has it worked? (btw, the amount she would have to sue them for would be beyond $3k as she has more than that in her total bill at Cottman Transmission -- not sure if it makes a difference or not?

 

Thanks again!

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