Topic: Shop charging double after taking 16x time to complete job - what to do?

[M 750K6]

Why does writing yourself a letter help a court case?

[jgger]

A registered letter mailed and unopened can state the facts at the time. Opened by the judge and no after the fact he said, she said. The return reciept shows it has not been messed with or sent much later. Just back up and accepted in court.

[carnivorous chicken]

Keep it simple. As I stated:

They are trying to charge double the price -- if there is an estimate, they're at fault. If there is no estimate, they're at fault.

Regarding being charged for storage while this plays out, I would be surprised if a court found in favor of your petition that they would allow the business to try to charge you for storage. especially if you offered to pay the (originally) agreed upon price when the bike was done. Maybe someone knows better, but it seems pretty clear that they are trying to take advantage of you.

Best of luck.

[yard]

Thanks to everyone who replied! I think the first thing I'm going to do is get an itemized list of parts and labor as many of you suggested. I'm not too keen on getting involved with the legal system, so ideally we'd just settle on a price closer to the original quote. I don't think they painted the frame or tank in their own facilities; I distinctly recall them mentioning something about the paint shop they sent the frame/tank to being a cause of the excessive delay. They may have done the sandblasting in-house, but I'm not positive about that either.

In regards to the engine repairs, all that I currently know of the following:

• swapped the gaskets via the 4-into-1 gasket kit
• replaced the cam timing chain
• replaced the transmission seal shaft
• replaced valve cover (wasn't informed about this)
• replaced stator cover (wasn't informed about this)

They haven't done anything to reassemble the bike, as I'm picking up the engine, carbs, and tank individually, so that couldn't have contributed to any of the labor costs. The shop itself is quite a mess; they seem to own a great many (probably over 30-40) bikes, crammed both inside the warehouse itself and out in front of the shop, and there isn't very much working space. I was definitely quite naive when I dropped off the stuff, and very much regret doing so - I feel I would've been better off attempting the repairs myself and getting some hands on experience with the SOHC4 and carb work.

I'm to head down to the shop and pick everything up today, or they threatened to "seek legal advices and open a claim if needed."  I know that the parts in total are probably worth around $1000 (probably less to be honest), and the bike itself isn't a super sought out vehicle, so I doubt they'll sell the thing and even if they were to try they probably wouldn't get very many offers. Do you guys have any tips as for what points I should make when we're discussing the price of the invoice?

[CycleRanger]

Don't go alone. Bring a witness.

[jgger]

First off ask who authorized the additional work. Since you are getting the bike in pieces inventory EVERYTHING and take pictures. Also ask what caused the delay.

Since they are trying to bully you with a threat of legal action, my opinion is the glove are off. I would be ready to go full tilt on them.

Let us know how this works out.

[Shtonecb500]

eh, #$%* these guys?

They sound like ass clowns, not grown ass adults who knows how to conduct business, they have/had terrible communication, did not keep you informed about their rising costs getting passed onto you. When I read this all I could think of was how much do you have invested so far, maybe take the L and let the bike go....lesson learned. Those idiots thought they were gonna up charge you and get it out of you. EVEN if you had the money I wouldn't pay them, and if you had the money you would be in a better spot and wouldn't hesitate to battle this out. I would take an adult with you, someone who knows how to negotiate, someone who has some knowledge on the topic so these cant strong arm you. Get the itemized list and walk the #$%* out, tell them you'll review this and they will hear back from you, they can take whatever action they like in the meantime.

Take a look and see if there are any code violations around their building or property you can call in - they wanna take your money you can cost them some.

this is more of a joke...lol.

[yard]

I found this page on California's laws on disclosure requirements:

- https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I175071104C8211EC89E5000D3A7C4BC3&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)

I feel like a couple of these laws are pretty applicable to my situation, and maybe it's something I could use to my advantage if things don't go smoothly?

Here's one specifically that I think might really help my case:

https://govt.westlaw.com/calregs/Document/I17E9A3D34C8211EC89E5000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

Thoughts? Again, I'm not the most experienced with these types of situations, so your guys' expertise would be a great help.

[M 750K6]

It's the 1st link, not the 2nd, which only covers adverts. It looks like you are claiming:
They failed to provide a written estimate;
After tear down, they failed to update the estimate in writing;
At any time, they had no written or verbal authorisation to any cost beyond the price agreed ($2,500).

Whatever you do next, take witnesses, someone who is mechanically competent to assess what has been done and keep records of the conversation, ask to record it on your phone. Rehearse how you will make your case to them, anticipate their arguments and your responses. At some point make it clear what the contract was for and how much and that you will honour the contract for that work at that agreed price, once you are happy, on inspection, that the work has been competently carried out. Make sure you and they have a record of this that you can refer to later. Keep your cool under all circumstances.

If they are legit, you'll get somewhere. If they're crooks, you have to decide whether you spend more money to have your day in court; or walk away and write it off to experience. If they make you an offer, take time to think about it.

If you've behaved as you've told us, I'm very sorry this is your introduction to biking. It isn't normally like this!

[dave500]

Quote....If you've behaved as you've told us, I'm very sorry this is your introduction to biking. It isn't normally like this!

This is anything in the world,just more so in automotive repair perhaps?as i suggested in my earlier post,your best learning how do repairs at home,your money may have been better spent on tools you didnt own but would have for a lifetime,this forum is the best place to get advice and know how to repair these old bikes now.

[carnivorous chicken]

@yard -- any updates on this?

[pekingduck]

I was a service manager for a dealership in California for 13 years.  If you were not notified of changes to the original agreement in advance of the work being done, you are entitled to the work done on the bike for the original estimated cost.

You can call the police at the dealer, and you have proof it is your bike, they will not give you your bike for the agreed upon price.

If you don't have a receipt for a deposit, that money is lost. They cannot hold your property if they have no proof you authorized additional cost.

[pekingduck]

Sorry to be so harsh in my last post, but I have absolutely no patience for shops or any business who quote one price and charge higher.  It is illegal, and I hope you pay only what you are quoted. 
When I was a service manager, we were very careful to contact customers when a repair had complications that would add expense.  I would document when the call was, and we did not proceed until approval was given. 
While it sounds like more paperwork, it soon evolved into trust where it became a "just fix it - I trust you" customer relationship.

[grcamna2]

Sorry to be so harsh in my last post, but I have absolutely no patience for shops or any business who quote one price and charge higher.  It is illegal, and I hope you pay only what you are quoted. 
When I was a service manager, we were very careful to contact customers when a repair had complications that would add expense.  I would document when the call was, and we did not proceed until approval was given. 
While it sounds like more paperwork, it soon evolved into trust where it became a "just fix it - I trust you" customer relationship.

+1 

[Rosinante]

It sounds like California requires written estimates up front and customer permission is required in order for the shop to charge more than 10-20% extra.  Neither of these things happened.  Sure, you cannot show the agreement for $2500 but that's their fault not yours.  Plus....you have MONTHS of records showing they kept your bike from you for a very long time and were unresponsive to inquiries.  This amount would surely be adjudicated in Small Claims Court and I think this will be the legal equivalent of a belt-high fastball over the center of the plate.  In small claims court you would have to represent yourself (lawyers are not permitted) but I think you can handle it.  Gather all the documentation you can, and thoroughly prepare to present your facts.

But first, tell them in writing (email is fine) that you feel you owe them $1500 and that you did not agree to the increase in charges, not were you even aware of them.  Insist they respond in writing.  Even if they are idiots, they should be able to read between those lines.  You are drawing a line in the sand and preparing for court.  I expect they will become more flexible, quickly. 

[dave500]

sounds like a job for judge judy?

[grcamna2]

sounds like a job for judge judy?

Yeah Man ! 

[jakec]

Well what happened?

[grcamna2]

Well what happened?

Update ?

[Laids]

Been following this thread as well. The charges are borderline obscene. One of the things I find puzzling is why you would do an oil change in motor that’s not even in a frame.