My $15,500 oil change and the mechanic from hell

Perhaps we should form a Ferrari Relief Organization for Ferrari owners who have been victimized.

The F.R.O. can assist F-chat members in situations like Peters (kinda like FEMA) by sending their qualified team of mechanics, lawyers and cooks (Gotta have a good BBQ) to members in need of relief. We can fix the car and draft legal resolutions all while enjoying BBQ buffalo wings and steak!

Seriously though, you need to put this guy out of business! I’m sure that there are many in this community willing to offer their support.

Good Luck!

 

I've sued two people that ripped me off similarly... won both times (six figures)... have collected exactly $0. Hopefully your experience will be better.

At the very least, though, report it to the Better Business Bureau... so that the non-Fchatters who bother to check the BBB will be forewarned. In one case, a government division noticed my BBB report and together with others decided to shut the offending business down. Didn't get me any money, but it did at least shut him down.

P.S. If an auto salesman ever tells you his name is Deris Ceresa, run!

 

P.P.S. Please don't cross-post to every single forum. This has nothing to do with Texas or Racing or Collectables, for example. You could cross-post to the region where he's located.

 

DO NOT LET HIM MAKE PAYMENTS!
If you seek criminal remedy after this the payment agreement has been established, it will be viewed as an extension of credit, and he may get out of any civil remedy.

My advice, file criminal and civil complaints, not sure if if this is actually "criminal" (don't know laws in your state) and file both at the same time (same day). You may also want to pursue a class action lawsuit and contact the others who weren't as "luck" as you.

Also file complaint with local Better Business Bureau. If he has any type of license for business file complaint(s) with whoever issued the license.

 

My God Peter, what an awful thing.

TVRfreak is right about the necessity of a written agreement. This just proves it.

What an awful mess. I hope that you pursue this in the legal arena.

Sorry to hear it.

 

PSP..I did that moreso to make Wayne feel I was in his 'camp' in order for him to get my car out quicker. In a conversation I had with Eric in Seattle the top of this week, I explained that to him. He was bright enough to read through that.

 

My thoughts exactly.

 

Maybe YOU have never been this pissed off about anything!

 

Sueing? pfff. A judge would barely understand! Sorry, not a fan of this crap. How wrong can it be to lie? Perhaps parts copyright or some stuff like that?

Get there with a baseball bat and smash his knees. Then, come back with a knife and chop his ears off. Then come back with a hammer and smash each of his toes. One by one. . Just kidding ... wouldn't it feel good though? hehe

Dunno what to say ... had it been me, after 2 months, I'd have showed up with a trailer and loaded everything on the spot.

Best thing you can do is make his name/contact public, his copied parts company name public. Web, TV, radio, whatever you can. Crooks and liars do not deserve any business.

 

I recall a situation around here where public annoucements were printed in the local news paper warning of scams taking place at a local business. A couple of high school kids were paid to hang out in front of the business on PUBLIC property with signs of warning.

The business owner tried to sue for slander! ............and failed!

The business is under new ownership now.

 

Duuude.. I feel your pain. Really.

I used to work with my hands. Proudly.

NEVER pay in advance for anything but actual parts from anyone, anytime, under ANY circumstance. Just walk away.

Ever!

I once owned a roofing business - Here in Florida.. Hey, I was the best!! - And I would always refuse payment in advance!

People really did try to pay me that way, but I never accepted it.

Work well. pay well, live well.

Simply put, I believe you just got played!

Sue his gonads off & no mercy!! - Physical action is juvenile and lands you in prison.

Forgive nothing. Doing less, IMHO, denigrates all of the honest working business people in this country that work hard and do a good job - simply because they believe that it is right to do so.
- Godspeed.

 

Im gonna play devils advocate here and say there are two sides to every story.From your angle it sounds as if you really got screwed but maybe your leaving a few things out.If it had been me,Id of gone over and removed my car.Did your check bounce? You should have paid by CC so you could at least dispute the charge.

Why would he voluntarily give you Moton shocks,aluminum flywheel,and water pump when those parts come straight out of his profit margin?Are you sure those werent part of the original estimate? How come you didnt ask "why"?

I know that in order to fab up exhaust including headers from scratch takes some time.Did you know your parts were going to Australia to be fabbed? I imagine it could take some time to clear customs on some parts entering and leaving a country. I ship parts to Central America and some times it takes over a month for them to get there and clear.

And finally why would you pay him the money up front? He would have worked much faster had he had something to work for. Now Im not taking sides here and it definitely seems as if youve been screwed but in the end you were only out the time and some parts that were allegedly free to begin with.

Joe

PS -If the flywheel was still in the mail,how was the motor and gearbox in your car?

 

It's Time! Have TonyH contact the Nigerian Debt Collectors!

 

With no written contract you might as well forget suing. I have been screwed so many times that I can now yell at the offending party "at least your not getting a virgin". My problems are usally with contractors on buildings. If and when you do sue, if you are like me, the emotional pain and stress that comes with it will take away any victory. And when you do win, it is next to impossible to collect. Good luck & sorry to see that happen.

 

Shelbee - you are a master of the obvious. Little to no value in your insensitive post.

 

Not only the water pump and the flywheel, Eric is sending me back my clutch and plate back. I had no idea that these were at his shop for duplication when he posted the 'Wayne Hynes Scammer thread.

I have been advised that it is illegal to send customers parts out for such duplication. I was told it falls under the laws of 'conversion' which apparently is a BIG no-no. Can anyone comment on this?

 

Use the legal methods and means of action.

To all who advocate violence in this situation:

Either you are 16, on crack, or you have the IQ of an idiot.

Serious advice as to to beating the hell out of someone, is so stupid as to need disbarrment from this forum.

- Keep it up.

Look everyone, irrespective of his actions, anything that might be construed as to the victim contributing to a criminal or fraudulent action by his own honest actions are not mitigating factors, except in the mind of a rather perverted defence attorney.

If you believe that they are, please have your attorney use that defense here in this circuit.

You can't go to the victim and say "you should have known this"

Many criminals have stated: (about the victim)
"He shouldn'd have been there in the first place."
"She shoudn't have been wearing that."

Fine. Use that defense and live in our guest house for the next five to ten.
-g

 

That is about the worst story I have heard - and I thought the dealer in Chicago that left the Screw Driver in my 355 Spider Air intake was bad.

Pursue legal action - the proper way.

Ok - I am going to get everybody worked up now - but I would like to chime in on the "common sense" factor here... and I don't like to stir things up - I use this site for knowledge and entertainment - not to pick on anyone - Because we have all made mistakes in our Car ownership days - to one degree or another... However:

I am still a little bewildered - I completly restored my 330 GTC from ground up - everything, Paint, Leather, Engine, Tranny, Crome, etc. in 14 months... Your gearbox would have taken 2 weeks at the most - everything else 1 -2 weeks... Ok - a busy shop - lets say 5 weeks just to be generous.

Now I don't want to be insensitive - cause as I mentioned - it could have taken him 3 weeks and he could have done a bad job and that would still be horrible - like I mentioned on my 355... But after about 3 months - I with the assistance of the local police station - would have driven the flatbed to his shop and picked up my car. And god save him - if any of my cars were not inside and sitting in the rain. (I don't car if it my F-cars or BMW or other).

We as buyers must beware - and be alert - when something does not look, feel or smell right - take action. Master Babble as you put it - can make or get the best of any of us for a time - but 12 Months... Mother of God man that is your baby out there!

But you have my sympathy - that is truely the worst mechanic story I have heard...

Ps. There are a few 308's out there that you can pick up as parts cars for around 10K... No need to fabricate, etc... 2K for labor... Part the rest of the car - you would be out about 5K in total.

 

Ok after reading the other thread Ive come to the conclusion that the only reason you were getting a FREE flywheel and FREE shocks and FREE water pump was because he was using your car as a template to have these parts fabbed up.That is the sole reason why your car took so long.It appears that the hold up started with the dispute at the the fab shop hence this Eric guy not returning the parts.Now this Eric guy is trying to look good by sending you your parts instead of returning them to sender.Bad business all around.You suffered because of a monetary dispute between Eric and Wayne.

This leaves one question unanswered.Are you sure you did not authorize Wayne to send the parts to have fabbed? Judging by the free bees it looks as if you knew about it.If not you should have suspected it especially since I see you contributed to the other thread back on Feb/04

Joe

 

What a bad situation! I propose a Ferrarichat negative feedback (FERRARI BASTARD) section in HUGE letters on this board - first thing you see when opening this site and have all non-recommended mechanics/shops all over the freakin' U.S..This would be far superior than VIOLENCE or wasting money on courts.Advertising can be the final judgement!

 

I'd just take it to court and let him know about it when he gets summoned through the mail. I'm glad you posted this thread in all the boards, if you wouldnt have I probally wouldnt have looked at it, but now that I have I cant believe what I read.

 

Peter, I (strongly) advise you to seek counsel. I would ask this lawyer to do nothing other than to initiate litigation by filing the complaint. This should be done at minimum cost, but establishes a date and documents the issues.

It is easy to say, " Heck, he doesn't have any money anyway, and chalk it up to experience. " However, assuming your story is accurate, you will prevail if the case should go to trial. A lean would be placed on his business, and if he declares bankruptcy, then he has an obligation to pay you should he restructure and return to ANY business.

I have made the mistake in the past of not doing anything (different situation), but wish I had initiated litigation. I tried to be the nice guy.

That he cashed your check is sufficient to establish an implied contract. The dates on the checks will establish the delinquent nature of the deliverable. That he is a business (versus a hobbyist) implies that he is an expert, or should have known what he cannot accomplish.

You will prevail. He may not have the pockets to pay. At least you have the satisfaction that you have rights to future earnings. Do not let the statue of limitations pass by.

Jim S.

 

I feel really sorry for you and this guy should be nailed down using blunt and rusted nails.

However, care to explain why you were busting Eric's chops earlier about Wayne? It is clear that wayne was giving it to you royally when Eric posted his message.

Not exactly a thank you message to a guy who helped you 'smell a rat'.