How would you respond?

[sunga93101]

Well, I still haven't had a chance to post some pics of my car, and the following story is why:

I posted a month ago about the experience I've had with my recently purchased, beautifully restored, highly modified '73 240Z. If you'd like a refresher, here it is:

http://www.classiczcars.com/forums/showthread.php?t=20909&highlight=help%2Finput

Please read it before you continue.

I tried one last attempt to get the mechanic to respond to me and complete the project at the end of March. I wrote a very concise list of my grievances and demanded to know when he would complete the car. Well, once again, he would not give a completion date. Until yesterday (5/3/06), I had not heard from him since.

Although some of the advice in the forum was helpful, I decided to contact the CA Bureau of Automotive Repair concerning the mechanic, Top End Automotive. Since the mechanic refused to complete the project (it has been 11 months!) they recommended that I go to the shop, demand my car, and if he refuses, to call the police. Well, I went to the shop yesterday, 5/3/06, and he refused to provided an unconditional completion date. I promptly called the police and waited (2 hours) for them to arrive, and although they would not allow me to take the car right then, I was told to persue civil action and contact the Automotive Detective in North Hollywood to discuss a possible Grand Theft charge against the owner. I have all the correspondence with Top End from the beginning to back me up - if Grand Theft is described as a willful intent to permanently deprive an owner of his car, then I shouldn't have a problem - even as of yesterday, Top End had no intention of completing my car anytime soon!!!

I have also initiated a complaint with the CA Bureau of Automotive Repair. I realize their mediation process could take a VERY long time, be VERY FRUSTRATING and consuming, but at this point, this guy has screwed me for so long that I can't see a quicker resolution to getting my car back. I'd be happy to let a neutral mediator decide the outcome; I would simply like this to become part of his permanent business record to warn others of his conduct.

Long story short: think twice before you deal with this guy. And please spread the word. He's dishonest, deceitful, and doesn't give two shits about your project.

I'm writing this now because I intend to chronicle my experience from here on out so folks can share in the wonderful experience that I'm about to go through.

[280~Master]

You know if this was my Z I would be very hot and would not wait for all the litigation to take place. I personally would go right over there with a trailer or a tow bar and just bring the car back home, even if it caused me to get a trespassing charge from the police. I would make sure there is a title and bill of sale in my hand along with a blank check to pay for what ever work was done to the car if any. If the cops get involved how can they argue with a title that has your name on it and the Vin numbers to match? I don’t see how they would tell you not to take the car if it is yours and you can prove it. I think you’re asking for a completion date on the car when you need to be demanding for the return of the car to your possession and not a completion date. If you go with the grand theft option, the cops told you to use, then you might not see your car until the trial or until all the proceedings are finished even if then. This Grand theft charge could end up being longer than the CA Bureau of Automotive Repair litigation. Do some research on both of them and find out which one would take longer. As I said before I would go there and take what is mine but only if I have proof that it is mine. I mean what are the cops going to do take you to jail for stealing your own car? No you would end up with a trespassing charge at the least.

P.S. Take a friend with you that has a video camera or see if you can get the local news involved. You would be surprised how fast they will react when they are being filmed.

[Carl Beck]

Sad - it is water under the bridge at this point - however for the benefit of others that might have the misfortune to follow ...

iMHO you made two serious errors here:

1) the CA Bureau of Automotive Repair recommended that you go to the shop and DEMAND your Car - you did not do as they directed; rather you keep insisting on a completion date...da....

2) You have dealt with this person for 11 months - knowing how he acts, I believe any reasonable person would have a) contacted the Police FIRST and ask that an officer accompany you to the shop - per the CA BAR's directions and had your Attorney accompany you and the Police Officer to the shop...

I truly belive that if you had your attorney with you - and had you demanded the return of your car - you would have been taking it home, instead of getting the legal run-around from Cops that don't know the law, nor care about your rights. In effect - the cop that showed up didn't want to get involved, because he wasn't sure what the law was - and he brushed the situation off to someone else or some civil action.... Had your attorney been present to inform the Police Office as to what the law was - and as an officer of the court demanded the Police Officer do his duty... your car would be home and you would be done with the situation.

OK - so what to do now. Call a Lawyer... he will call the Sheriff's office and rent a deputy.. then go with you to shop and get your car. If the lawyer you call doesn't suggest that course of action - ask him for another lawyers name - one that likes to fight for their clients...

Just my opinion...

Carl

Carl Beck

Clearwater, FL USA

http://ZHome.com

[Alex 240Z]

MR. Becks advice sounds like the right way to go !!!! You are a very patient guy I sure hope this finally works out for you and keep us posted !!!!

[Blue Meanie]

I had a similar problem with a mech in Indianapolis with my Maxima he was doing some work on. It took about six months, but I got the car fixed and most of my deposit money back.

Hindsight is 20/20, but if it is a big job, make a deposit and pay in installments. If you have the jack, lease the closest billboard to his shop and advertise what a "****" this guy is and list a website where people can read your complaint. Free speech my friend, free speech.

[rtaylor]

Be very careful in what you do. In CAlifornia, a bailors right of possession is protected under the law. You are a bailee. You will need to get a lawyer. In California you cannot rent a Sheriff as Carl has suggested, until you get a court order. You can not use small claims either as small claims only deals in monetary awards, so you will need to file any actual suit, for whatever creative causes the attroney can argue. Channel 7 Eyewitness news has a consumer hotline. You may be able to contact them and have them go out and attempt to contact the owner. This may be enough to get your car back. Keep in mind this is now a civil action, so the police will not assist you. What a lowdown piece of work this guy is.

[Clifton]

Top End does have a reputation and I see they are living up to it:tapemouth. I hope you get your car back without it costing you too much.

If this happened to me, I would post this on all the Z boards. People often forget how they treat people.

[MikeZcar]

Do a Google search on Zs and post (copy yours above) on every site that will let you. You will be doing a Public Service and as long as it is all truthful and documented he hasn't a leg to stand on as far as libel/slander. Might wait till you get your car though, would be a shame if someone "stole" or vandalized it while in his lot. Turn on the charm and call the folks at the TV Station and relay your story and be sure to tell them about your documentation. Mike

[240ZX]

Hey pizzono, my cousin Louigi takes care of guy like this for a small fee! He specializes in customizing knee caps!

Seriously though, do the lawer deal and be on the safe side.....you do want your Z back in one piece!