Buyer beware/venting

[wpurple]

Not Explorer related per say but I just wanted to share a little story.
(but could have been my X for sake of argument)

My wife’s windshield broke in her truck so I had a mobile service come replace it through our insurance.

They replaced the window and in doing so gouged the plastic cowl piece. (Didn’t notice it until minutes after they left) Took the truck to work that night and there was air coming in thru the windshield seal!!! I was pissed.

I told the place that they gouged the cowl and they outright denied it. They told me to bring it in and they will repair the windshield.

Well, I brought the vehicle to the shop today and they attempted to fix the windshield with another bead of silicone over the first and told me that if I didn't pay them irrespective of the job they did or the damage they were going to keep my vehicle!!! (A 2003 Jeep) so I called the cops and the cops said there is absolutely nothing they could do.....I was livid!!!

So I had to cough up the cash, and leave with a windshield that still isn't sealed and a gouged cowl.

Next up small claims, better business bureau, and consumer protection.

It is a shame that consumers in this country don't have any rights....

Now if I had them keep the vehicle and I went back at night, broke in to take it and fell and broke my leg, I could sue them....Only in America.

Sorry, just had to vent.

 

[TJM623]

mentioning a complaint to the BBB before coughing up the cash mighta done the trick, some places don't even like the thought of having complaints filed thru BBB, in any case good luck with this sucks when stuff like this happens!!

 

[Robb]

Next up small claims, better business bureau, and consumer protection.

It is a shame that consumers in this country don't have any rights.....

That is kinda a contradiction in terms isn't it?

 

[Bill Kemp]

Go to your insuranace agent and tell them about your problem. They, ins., are paying so they should be in a position to lean on the glass peps to make it right and take care of their damage. If they wont help, change ins. co.s.
Side note...Dont get your w/s replaced in the winter at any place that doesent work inside a heated shop. I have heard of too many problems w/mobil installers in the winter.

 

[DeRocha]

Sorry to hear about your troubles. Several years ago my wife's car was repaired at local dealership ($2K accident damage). We signed the insurance waver so the $$ would go directly to the dealer. Anyway after the car was finished we went down to the dealership and saw the car (they repaired it correctly), but they wouldn't release the car. The service manager said they were having trouble collecting from the insurance company, and would only release it when they received a check in hand ($2K). The next day my wife dropped me off at the dealership. I walked back to were the car was sitting (a large open lot with 100 vehicles) and drove it home using my keys. The best part was getting a call from the service manager 3 weeks later saying they received the insurance check and we could pickup our car (the guy had know idea we had it!). We drove to the dealership (to get my wife's keys back) and the look on the Service mangers face was priceless. His jaw was literally opened. He handed me the paper work and keys without saying a word. We left with huge grins on our faces.

 

[TSTONE]

If you paid by CC, call them and immediately dispute the charges.

I always pay for service work (car,home,appliance service...) with a credit card - cause then you would have almost infinite rights. As and X-merchant/retailer i'll tell you that credit card companies work very hard to make sure the consumer is satisfied. I actually got an axle job for free cause the shop could not make the howl go away after a rebuild (VISA charged back the shop).

 

[Brock94]

Using credit cards is a great way to protect your rights as a consumer-- Ever wonder why PayPal "prefers" that you debit a checking account? Also, you don't get near the same protections if you use a debit card (mastermoney or visa check card).

Warning: This post is pretty long and legalistic, but I've always found this stuff really interesting.

What really motivates the credit card company is that under Federal banking law, you (the consumer) have the right to assert any claim you have against a merchant against the credit card company itself as a defense against payment-- under the law, the credit card company would then be required to investigate and prove that you owe the money.

Of course the credit card company doesn't have any of the facts and has no incentive to take you to court and try to prove that you are wrong, so they built a provision into their contracts with the merchants that says they (the credit card company) have the right to charge back the money from the merchant if a consumer contests a charge.

When you charge back money this way, the merchant is left without the money and has only the right to sue you for it. The real protection here comes from two factors-- 1) they have to sue you to get the money, which means they have to file the claim, take you to court and maybe even pay a lawyer-- obviously not worth it for a small claim and 2) if they know that they messed up and will probably lose in court, they will never try to bring the claim.

Using your credit card puts the huge corporate power of the credit card company on your side for a change.

I have used the threat of a chargeback successfully to resolve a dispute as well-- the credit card companies require merchants to keep a reserve account (money locked up in the bank) of a certain amount depending on the risk rating of their business. The fee that the credit card companies charge for merchant services (as a percentage of the sale amount) is also based on the risk of the business. Chargebacks by consumers are a risk indicator and will mean that the merchant has to pay higher percentages and has to keep a larger amount of money locked up in their reserve account.

These rules only apply to merchants within 150 miles (maybe its 100) of your home or within the same state, and only to the extent you have not paid off the charge on your credit card yet. So if you make payments each month smaller than your balance, the payments get credited toward the first things you bought first for this purpose.

Another interesting consumer protection feature of credit cards imposed by federal law-- If you buy something using your credit card from a mail-order place (online store, eBay, etc.)-- no matter how far away the place is-- if you never receive the thing for whatever reason, even if it was lost in the mail, the charge on your credit card is deemed to be a "billing error" and if you contest it, the only way the merchant can get paid is if they prove that you actually received the item.

OK-- one more interesting fact-- the maximum that you can ever be liable for with respect to fraudulent charges on your credit card account (anything they can't prove that you authorized) is $50. That's federal law and can't be changed by your credit card agreement. So, even if your card is stolen and you decide not to report it because you want your wife's copy of the same credit card to keep working (so you don't ruin your vacation of course), you can only be required to pay $50 of whatever the crook charges.

 

[spta97]

Brock94 - That's great advice about PayPal and credit cards. Next eBay purchase will not be done via my checking account but the credit card instead.

 

[wpurple]

They would not let me pay with CC, cash or we keep your vehicle indefinatly.

It is illegal for an insurance company to tell you where to take your car, but they can "recommend". I didn't know that, nor can they really say anything to indicate that so if I had asked they would have given me a recomendation, then they would have stood behind me.

I have determined that I am NOT going to go back as my wife would have to take it there next week by herself and I don't trust them. They could pull a stunt like we owe them $10 and keep the car.....plus they had 2 times to fix it, if they didn't get it right yet.....

I am going to wait until I get the check from the insurance then go to a "recomended shop"
I don't want to mess with the windshield, it keeps the interior dry and more importantly my family safe.

 

[boominXplorer]

buy a broken Flip out in dash and install it. Then take it up there after you poured a cup of water on it. say its thier fault and they didn't fix it. That would get some attention