NJ Auto Repair Shop Fraud- need advice pls

[crazymomof4]

I will start by saying NJ State regulations for auto repair dealers is pretty clear that they need to provide an estimate and get written, signed authorization before commencing work. These laws vary state to state so I'm putting this bit here bc it pertains to our story below.
https://www.nolo.com/legal-encyclopedia/new-jersey-auto-repair-shop-laws.html
Also, please be kind. I've had a very rough past 4 years. (deaths of several close loved ones, etc). Emotionally fragile right now. Thanks

ok so....
In May, we bought a 2014 BMW 335i (manual) in May from a dealer in NJ. Went to pick it up a week after purchase, drove 5 minutes away and noticed 2nd gear grinding. Returned to dealership. Their service dept. looked at it and they said they need to replace the whole transmission. Said they would do that at their cost. We agreed verbally, and left the car with them.
Soon after, we texted the salesman and asked if they could replace the clutch at the same time they were doing the transmission and we would pay for the clutch part of the work. He asked for an estimate (have text) but never received one (not written, not oral) Nothing was ever provided us to sign or approve for any of the work done on our vehicle. No estimate giving details of work. No work order for us to sign. NOTHING. They just started the work! The car was in the dealer's repair shop for 48 days.
On July 2, 2021 we were told that the car was ready and the balance due for the clutch needed to be paid in advance of us picking up the car. The total was $2450.! WAY more than what a clutch replacement would be, based on our research before asking for that to be done. We asked for an itemized invoice and when we looked at it we found out that they had also replaced the flywheel and the charge for that alone was $1585. We said we never authorized that additional part. They claim that it *has* to be done when a clutch is replaced. This is false information! Replacement of the flywheel is an option when the clutch is replaced and only done if the flywheel shows obvious wear, which at 70k miles on this car, should not have been the case. Nevertheless, we NEVER were given the choice regarding this "add-on" work. If we had been consulted we would have chosen not to replace the flywheel, only the clutch as we asked. That is the only thing we requested and it was only in the form of an oral request and we asked for an estimate for that and were never given one.

Now they have our car and won't release it until we pay this total that they inflated without our consent. We are willing to pay for the clutch portion of the bill which is $635, since we DID ask for that work to be done.

We are concerned that they will put a lien on the car for the amount or begin to charge us storage fees or have it impounded.

Need advice on how to proceed. How can we get our car? TIA

 

[HeatherC]

Pay with a credit card and immediately dispute the charge? Sorry this happened to you. Shady business practices stink.

 

[lynxstch]

I would be contacting the Attorney Generals Office for your state. See if they have any kind of Consumer Assistance Department, and see if they can point you in the right direction. Good luck!

 

[Mackenzie Click-Mickelson]

Generally speaking in my metro the local news has been one of the best and most successful as getting help for people in your situation, one where there is a dispute over charges owed with either the repair shop, dealership, or tow lot not allowing the release of the vehicle until the "balance" is paid. I would honestly start there if you have a Problem Solvers unit in your area for the local news. This is however advice if you've already tried in good faith effort (which I'm assuming) to discuss paying what you feel is owed. There have been cases where it's a particular tow lot or repair shop that gets a reputation for doing this to people and while it doesn't stop all new instances, it can stop some. Plus sometimes it gets the attention of the law enforcement (if criminal charges are warranted) or AG. Be aware though sometimes if things go far enough and it goes to court the law may not fully be on your side. There have been instances where I've seen judgements be in favor of both parties more than they originally thought it would be.

AG is a place to go but I would honestly start off with more Problem Solvers type. The estimate/authorization in car repairs is def. a place where people can be taken advantage of quickly although sometimes that was not the intent behind the action.

 

[crazymomof4]

Pay with a credit card and immediately dispute the charge? Sorry this happened to you. Shady business practices stink.

Thanks I actually thought of this. We have a CitiCard and I know once in the past I was very well supported by them in a valid charge dispute.
They would probably ask the repair shop for our authorization for the work to proceed and the shop wouldn't be able to supply it since none exists.
Honestly I'd only want to dispute the charge for the flywheel, since we did ask for the clutch.


Anyone else think this would work?

 

[ronandannette]

Just for clarity, is part of the bill for the transmission replacement? You mentioned them agreeing to replace it at “their cost” which I’d presume meant they would charge you for it only without any mark-up. Did you actually mean they were doing it under warranty?

 

[Mackenzie Click-Mickelson]

Pay with a credit card and immediately dispute the charge? Sorry this happened to you. Shady business practices stink.

I wouldn't suggest to do this because 1) they still pay the full balance and have to hope judgement is in their favor 2) if this is a place that engages in predatory practices it does nothing to bring that to attention to someone or prevents them from doing it again 3) there really is an over reliance on this for any and all situations.

Dispute with a credit card is def. appropriate in situations, but IMO not this one.

 

[crazymomof4]

I would be contacting the Attorney Generals Office for your state. See if they have any kind of Consumer Assistance Department, and see if they can point you in the right direction. Good luck!

I emailed NJ Division of Consumer Affairs. (actually my post here is a cut and paste of of what I wrote- just deleted the dealer's name here)
They responded with a form letter telling me to file a complaint form. They said they are very backed up and expect delayed review and processing so.... I guess I'd have to pay the bill first and get my car.

 

[crazymomof4]

Just for clarity, is part of the bill for the transmission replacement? You mentioned them agreeing to replace it at “their cost” which I’d presume meant they would charge you for it only without any mark-up. Did you actually mean they were doing it under warranty?

They were doing the transmission free of charge under warranty. We requested the clutch be done at our cost. We have the invoice* that shows $0 for the transmission and below that the clutch, flywheel, etc is broken down into separate charges totalling $2450.
Incidentally, they installed a USED transmission with more miles on it than the car and made this decision w/o asking or telling us.... But I'm not even going to fight that. The car is one year out of Lemon Law qualification. It is what it is. But the flywheel we never asked for.

*we had to ASK for that when they slammed us with the $2450 total.

 

[HeatherC]

I wouldn't suggest to do this because 1) they still pay the full balance and have to hope judgement is in their favor 2) if this is a place that engages in predatory practices it does nothing to bring that to attention to someone or prevents them from doing it again 3) there really is an over reliance on this for any and all situations.

Dispute with a credit card is def. appropriate in situations, but IMO not this one.

But even if they don’t dispute it they still have to pay the full balance to get the car anyway. The dealer is holding the car until it is paid. Most credit card companies won’t make you pay the full balance until the dispute has been settled. So there really is nothing to lose. It doesn’t appear that there is any other way to get the car at this point.

 

[KittyKitty]

I just had a clutch replaced in my 2001 Honda,108K mileage. I had gotten quotes from $1800 to $2300. They did ask me about if needed they might have to replace flywheel. They didn't have to replace it. The price of $2450 is not out of line price, I live in a big city area, the issue is them doing the work without your written permission, and charging for it.
I understand your frustration.

FYI. I know nothing about car mechanics.

 

[Mackenzie Click-Mickelson]

But even if they don’t dispute it they still have to pay the full balance to get the car anyway. The dealer is holding the car until it is paid. Most credit card companies won’t make you pay the full balance until the dispute has been settled. So there really is nothing to lose. It doesn’t appear that there is any other way to get the car at this point.

Not fully accurate at least in the way I was talking about. That's why I suggested Problem Solvers. At least in my area they are very good at stepping in and helping consumers (which may not be the same case as in the OP's area). They have absolutely gotten people's vehicles out for less than the "balance" advised by the business especially if there are consumer protection laws to back up the consumer. Alternatively the OP can negotiate down the price (and sometimes Problem Solvers does this for them) although afterwards the consumer complaint aspect is trickier since you agreed to pay an amount to get the vehicle out.

What I was saying is that this isn't necessarily an appropriate usage of a credit card dispute. By paying the balance at this point the OP is agreeing to the amount charged so what's to dispute on the credit card side? The mechanic shop didn't charge the OP's credit card for an unauthorized amount. Now what I could see, IF the OP wanted to get the car out right now is to pay the charge, then make a formal complaint which is what they were talking about with their state's Consumer Affairs, but that's a complaint made to a state regulatory body not a credit card company. My personal advice would still to be initially looking into Problem Solvers with the news if that exists in the OP's area.

 

[mjkacmom]

I’ve never had an estimate in writing, or signed off on auto repairs, but I’ve been using local mechanics, we do everything verbally. How did you come up with the cost of the clutch? Labor is the killer.

 

[Pea-n-Me]

Didn’t second gear grind when you test drove it? I think I would’ve walked away from it when I brought it back that first day. I’m pretty sure that in my state you have three days to revoke a transaction like that. At this point I would probably just pay the bill and get my car out. But I probably would never be really happy with it since it started out so badly. And I’d follow up with the consumer group. Costs have gone up on everything and the repair costs don’t seem out of line. I was actually expecting you to say it was more. Sorry.

 

[LuvOrlando]

Pay, dispute the charges as unsupported and go to small claims court. Might as well dispute the whole bill, if they don't show up and lose the judge may award the whole thing in your favor. Seems when they say Motor Vehicle they mean accident related and this isn't that.
https://www.njcourts.gov/forms/10151_sc_non_motorveh.pdf

 

[crazymomof4]

Not fully accurate at least in the way I was talking about. That's why I suggested Problem Solvers. At least in my area they are very good at stepping in and helping consumers (which may not be the same case as in the OP's area). They have absolutely gotten people's vehicles out for less than the "balance" advised by the business especially if there are consumer protection laws to back up the consumer. Alternatively the OP can negotiate down the price (and sometimes Problem Solvers does this for them) although afterwards the consumer complaint aspect is trickier since you agreed to pay an amount to get the vehicle out.

What I was saying is that this isn't necessarily an appropriate usage of a credit card dispute. By paying the balance at this point the OP is agreeing to the amount charged so what's to dispute on the credit card side? The mechanic shop didn't charge the OP's credit card for an unauthorized amount. Now what I could see, IF the OP wanted to get the car out right now is to pay the charge, then make a formal complaint which is what they were talking about with their state's Consumer Affairs, but that's a complaint made to a state regulatory body not a credit card company. My personal advice would still to be initially looking into Problem Solvers with the news if that exists in the OP's area.

I have reached out to the dealership with a $ amount we are willing to pay. (everything but the flywheel) So I hope they accept this effort to settle amicably.
I like your "Problem Solvers" idea. I have admired what they do, watching segments on the news. We live in the greater phila area but in NJ. The shop where the car is is in northern NJ, closer to NYC. We have 2 consumer complaint news type crews associated with 2 local stations here in Philly area. If it comes to this, I'm wondering if I should contact these, closest to my home or look into similar at news stations closer to the dealer?

 

[Mackenzie Click-Mickelson]

I have reached out to the dealership with a $ amount we are willing to pay. (everything but the flywheel) So I hope they accept this effort to settle amicably.

I hope so too Fingers crossed that it's a painless process and you get your car quickly

In this case it sounds more like about doing work without discussing with you and you telling them to go ahead and do the work.

I once had a time where I took my car in for an oil change and they called me back telling me my brakes needed to be replaced (they didn't, I had my trusty mechanic look at it later on and they lasted almost 2 years more) and they seriously almost did the work for the brakes without me giving authorization for it (at the tune of several hundred dollars when all I was in there was for a $19.99+tax and disposal fee oil change).

Most of the places have been good to me (even if I disagreed with the price) calling me ahead of time telling me what work needed to be done and if I declined they didn't do the work. At least in your case had you been called (or texted) first to discuss the flywheel replacement in conjunction with the clutch you could have disputed the need for it to be replaced (even requesting to inspect the wear on it) together and if indeed it did need to be replaced together but you disagreed with the price you could have discussed it with them or said not to do the work you'd shop around.

I did have one time where my tie rod was in bad shape and my trusty mechanic (gosh I miss him since he's moved ) took me into the shop, showed me it and said "Mackenzie this isn't something I can't safely let you leave the shop without getting fixed." It was not cheap but I knew he wasn't trying to pull one over on me. We always had an agreement that he would be blunt with me on if things needed to be done for safety reasons, for cosmetic reasons, for functionality, etc. And he always looked around trying to get me the best deal (like getting me a new headlight for $100 instead of $200 and all I had to do was drive 25mins to get it bring it to the shop and have them install it).

If it comes to this, I'm wondering if I should contact these, closest to my home or look into similar at news stations closer to the dealer?

ooh that is a great question..hmm the ones in my area service the metro as a whole and sometimes they go just outside of it to investigate. On the one hand the news station closer to NYC may have more knowledge into a particular dealership (meaning if others have had the same issue as you) but they may say you're too far away. On the other hand the one closer to you may say the dealership is too far away. Hmmm I think I would probably start with your local one if you actually need to. Pitch your story to them and see what they say. Worst case is they decline, then you can hopefully get somewhere with the other one closer to the dealer.

 

[mjkacmom]

I will start by saying NJ State regulations for auto repair dealers is pretty clear that they need to provide an estimate and get written, signed authorization before commencing work. These laws vary state to state so I'm putting this bit here bc it pertains to our story below.
https://www.nolo.com/legal-encyclopedia/new-jersey-auto-repair-shop-laws.html
Also, please be kind. I've had a very rough past 4 years. (deaths of several close loved ones, etc). Emotionally fragile right now. Thanks

ok so....
In May, we bought a 2014 BMW 335i (manual) in May from a dealer in NJ. Went to pick it up a week after purchase, drove 5 minutes away and noticed 2nd gear grinding. Returned to dealership. Their service dept. looked at it and they said they need to replace the whole transmission. Said they would do that at their cost. We agreed verbally, and left the car with them.
Soon after, we texted the salesman and asked if they could replace the clutch at the same time they were doing the transmission and we would pay for the clutch part of the work. He asked for an estimate (have text) but never received one (not written, not oral) Nothing was ever provided us to sign or approve for any of the work done on our vehicle. No estimate giving details of work. No work order for us to sign. NOTHING. They just started the work! The car was in the dealer's repair shop for 48 days.
On July 2, 2021 we were told that the car was ready and the balance due for the clutch needed to be paid in advance of us picking up the car. The total was $2450.! WAY more than what a clutch replacement would be, based on our research before asking for that to be done. We asked for an itemized invoice and when we looked at it we found out that they had also replaced the flywheel and the charge for that alone was $1585. We said we never authorized that additional part. They claim that it *has* to be done when a clutch is replaced. This is false information! Replacement of the flywheel is an option when the clutch is replaced and only done if the flywheel shows obvious wear, which at 70k miles on this car, should not have been the case. Nevertheless, we NEVER were given the choice regarding this "add-on" work. If we had been consulted we would have chosen not to replace the flywheel, only the clutch as we asked. That is the only thing we requested and it was only in the form of an oral request and we asked for an estimate for that and were never given one.

Now they have our car and won't release it until we pay this total that they inflated without our consent. We are willing to pay for the clutch portion of the bill which is $635, since we DID ask for that work to be done.

We are concerned that they will put a lien on the car for the amount or begin to charge us storage fees or have it impounded.

Need advice on how to proceed. How can we get our car? TIA

Actually it doesn’t sound crazy, I think I live in the area where the shop is, and services are always on the high end. https://repairpal.com/estimator/bmw/335i/clutch-replacement-cost

 

[crazymomof4]

Good news! After them trying all sorts of tactics to try to wiggle out from under their obligation to abide by the regulations that govern their business.... They finally realized they weren't going to deter me and agreed to accept my paying the figure of the clutch + sales tax. We pick up the car tomorrow morning!!! I've found that when you know the law is in your favor, don't give in. They knew from the beginning they were in the wrong, they were just hoping I would give up. Honestly the stress level x 1 week has me feeling like I'm just getting over the flu! Physical toll. Thanks to all here for listening and for your suggestions. I was def going to try several of them had this ended differently.

 

[crazymomof4]

In this case it sounds more like about doing work without discussing with you and you telling them to go ahead and do the work.

. This 100%. If we had been given the choice, we would have declined the flywheel.