QUESTION
What can I do if the dealership was caught on video padding hours?
Asked on Feb 05th, 2014 on Criminal Law - Florida
More details to this question:
I dropped off my car at a major auto dealer for repair. I have a dash camera that captured audio and video of the repair. They billed me for 4.5 hours plus a $60 part ($660 total). In fact, when I called, they said they had two hours on it and needed more time. In the video, the service adviser and mechanic discuss the fact that the car is done but continue to bill me an additional 2.75 hours. The video clearly shows the car in the service bay for 1.75 hours and them it was parked for pickup. Can I pay for the repair by check and stop payment so I can dispute later? I would like to get all the facts straight before I pursue it directly with the dealer.
9 ANSWERS
Michael J. Breczinski
You want to file a complaint with the licensing board for the mechanic shop.
Answered on Feb 20th, 2014 at 4:29 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, you cannot issue a check with the intent of stopping payment. That is illegal and will get you in big trouble. What you can do is to pay "under protest" and then sue them for a refund. Make sure that the notation "under protest" is on the check, the invoice and any other place you can think of putting it. Possibly, you could talk to the general manager and explain the evidence that you have. He may want to make a deal rather than going to court. Just make sure you don't inadvertantly threaten him, or asy anything that can be construed as blackmail.
Answered on Feb 20th, 2014 at 4:28 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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There is a problem with stop ordering a check. Unfortunately, in Washington state, you could get hit with a fraud charge yourself. On the civil side, if you stop order a check after having received the goods or services, you could be force to pay the other side's attorneys fees. Pay them under protest and then sue them for the overcharge. Better yet, contact the attorney general's office (Consumer protection division), tell them the story, and meet with them to get them a copy of the dash cam video. My guess is that the AG's office would pursue the matter for you.
Answered on Feb 20th, 2014 at 4:28 AM
Thomas Edward Gates
They will turn the matter over to collections if you stop payment. Generally, a shop list of charges is used to determine the cost of repair. So, if they get done early, they still charge for the full time. You can let them know about the evidence and, if they do not lower the bill you can take them to small claims.
Answered on Feb 20th, 2014 at 4:27 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to look at the paperwork. Many dealer bill "standard" hours for a service in order to be able to give you the mandated estimates. They get the benefit if they are fast, your if they are slow. Bring the details if you cannot work this out directly with the service manager.
Answered on Feb 20th, 2014 at 4:27 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Report the dealer to the Better Business Bureau and take your tape to the prosecutor.
Answered on Feb 20th, 2014 at 4:27 AM
Wow, I'd like to see that video. First, do not threaten them with criminal charges or a civil suit as this can be interpreted as the crime of extortion. How do you know what your camera shows if you don't have your car? I would not stop payment on a check. Instead I would pay but object to the amount providing a letter saying the work hours are inflated or wrong. I would ask for a detailed invoice showing the hours for which you are being charged. After you have your car back go sit with an attorney and then sue them for fraud, assuming the video shows what you think it does.
Answered on Feb 20th, 2014 at 4:26 AM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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You may have a valid claim for fraud as well as for violating the CSPA. Review the bill and the video to be sure you are right and then contact an attorney.
Answered on Feb 19th, 2014 at 11:01 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Don't stop payment on a check....that has consequences. Go speak directly with the manager of the dealership before you write any check.
Answered on Feb 19th, 2014 at 7:22 PM