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Discussion Starter · #1 ·
so i had a guy i know through friends work on my car...
he installed a water pump and timeing belt on my 1997 mitsubishi montero sport. he works at a dealership and did the work there after hours, so it was under the table somewhat.
when he finished the work the car was misfiring and he said it could be bad gas(car sat for a a couple months) or a fouled plug. so at this piont he had the car for over two weeks and i wanted it back and was going to try to fix the misfiring my self since i needed my car back.
i couldnt get it fixed or figure out what the problem was so i took it to a local shop. they tore it apart and found the timeing belt was put on wrong and the valves are now bent(going to cost 1900 to fix)
so now the guy wont return my calls about the car.

so my question is what can i do legally to get him to fix it or pay for the damage he cuased
 

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Well sue his ass man. Did ya get a reciept? Timing belts are pretty easy to screw up if you arent careful, even for an experienced mechanic. and really touchy on overhead cam engines. Sorry bout the luck man but I would surely get ahold of the place he works at and let them know whats going on if he wont get in contact with you. If he wants to be shady about it you have every right in the world to walk into his workplace and get some answers. And if that doesnt work id kick his ass:D. just kidding......well not really[8D]
 

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Post this in a car forum... J/K

He's not returning your calls, So call his boss. He did the work for you "under the table", and probably with company parts/equipment... Which is theft... So I'm sure his supervisor will not be pleased. Or you could use this as a threat to get him to be more sympathetic to your cause.
 

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Originally posted by zack4president
Post this in a car forum... J/K

He's not returning your calls, So call his boss. He did the work for you "under the table", and probably with company parts/equipment... Which is theft... So I'm sure his supervisor will not be pleased. Or you could use this as a threat to get him to be more sympathetic to your cause.
[:Agree][:+1]
 

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Originally posted by zack4president
Post this in a car forum... J/K

He's not returning your calls, So call his boss. He did the work for you "under the table", and probably with company parts/equipment... Which is theft... So I'm sure his supervisor will not be pleased. Or you could use this as a threat to get him to be more sympathetic to your cause.
somehow that seems like blackmail.
 

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Originally posted by dsg2003gt



somehow that seems like blackmail.
You can call him and leave a message that you will have to contact him at work, if he does not return your call. That might do it.

Blackmail is generally considered asking for money for ILLEGAL reasons, getting payment for something like this is not illegal.

For instance if someone knows I broke the law, they could threaten to turn me in if I did not pay them money, that is blackmail. If I do a job for someone and screw it up, they have every right to say that they will tell my boss, sue me, or publish it in the newspaper. That's called freedom of speech. If it is a LIE, then it is libel or slander. But not blackmail.
 

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i second leaving him a message about contacting his supervisor. but if you approach his supervisor and tell them that he was suposed to do work for you under the table, that will look bad on you. i doubt that guy is going to own up to his screw up.
 

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Discussion Starter · #10 ·
well im wondering if he would be responsible, legally.
i dont really care about getting back at him just want my car fixed like it should of been.
do you think even though it was from person to person work deal that would hold up in court.
i did pay him and he messed up my car so its his responsibility to correct what he did.
im going to call him two more times then im going to talk to my girlfriends dad(lawyer) and see what i can do legally and if its worth it.
 

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yes, but with out a contract, he can say that he told you that he is not liable for any dammages, and you can deny it. the it turns in to your word verses his. im not trying to discourage you. but i dont do not see this working out for you. unless you can somehow prove that you paid him to do the job. if you have a baks statement that you could take to court, and prove that you paid him, and prove that he messed your motor up, i dont think you can make him fix it. but any thing that you can use for proof in court is good. proof of payment, another person who herd the verbal agreement that you two made.
 

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Go to your secretary of state office and ask them what you can do. If he i certified through the state, they can apply pressure on him and 'ask' him to reimburse you.

I know this because I had a similar experience here in michigan. I had a guy that I knew as a customer at the hobby shop I worked for try and do a engine rebuild for me and he had the car forever and finally when i got it back he said it was fixed but it wasn't. He was a dealer mechanic and supposedly rebuilt engines all the time.

So I filled out paperwork with the state to go after him becuase I never received an estimate for repairs or any receipts for work done. Thats a big nono for mechanics here. So they called me one day and asked how much I wanted to get from him. I decided on $900 but i had given him probably around $1200. They said they would try but he didn't have to pay, so in that case I would have to take him to small claims court. They called him at his work and called me back 10 minutes later and said he would have a cashiers check waiting for me that day for $900.

I assume they probably threaten to yank his certification or something....either way I got $900 back! Good luck! Ask around through...because if he was state certified you can probably do something like I did.
 

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I didnt know timing belts were ever used on overhead valve engines.. lol..

Well yea, to say the least this is the reason labor rates and car shops charge so much, they have to pay for insurance and what not to cover stuff like this.. The backyard mechanic, well, i doubt will have to reimburst you anything, you took the chance, but even so an upstanding person should fix his screw up.. He could pretty much deny any involvment in the deal if you have no reciept or anything of that type.. Contacting his supervisor probably wont do too much either since, it was an after hour job.. We have mechanics work on friends'vehicles on weekends and such and if we were to get an official complaint to us for sometihng like i'd be plenty pissed off.. You have balls to complain to someone that has no involvment in it.. If anyone should get an earful it would be the person that recommened this mechanic.. These are the squids of the auto tech world.. I've done some stupid things too (broken windows on pure accident and dumb luck) and i've replaced them from my own pocket at huge loss, but the customer was happy.. What else can you do.> you win some you lose some.
 

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He had the crank 180 out when he reinstalled the belt. He should have removed the spark plug to the #1 piston and made sure it was at the top of the stroke. This confirms that the crank is positioned correctly and the marks will line up correctly when reinstalling the belt. Since it was 180 degrees opposite, the exhaust valves opened on the intake stroke and the intake opened on the exhaust stroke, causing the misfiring and bent valves.
I hate to say it but, you're not going to get anywhere going after this guy. Learn to do it yourself or take it to a reputable shop. I prefer to work on my own vehicles. Not because I can't afford a repair shop, I just don't trust any.
 

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Well what was the problem that you went to have him fix? You said he replaced the water pump and the timing belt, but what was wrong with the timing belt? Did it slip, did it break? Who's to say that your valves werent already bent to begin with?
 

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Originally posted by spitz04
I didnt know timing belts were ever used on overhead valve engines.. lol..




Don't let this guy near any late model cars......should you touch a motorcycle engine?[:Lol]
 

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Discussion Starter · #17 ·
on the motero sport the water pump is run by the timing belt. so he had to remove it to replace the water pump so i told him to put a new belt on while it was apart
also i dont think he checked the spark plug since the plugs are under the intake manifold and are difficult to get to.
 
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