NEED ADVICE...Transmission Rebuilders trashed my #s Matching tranny

[sparky]

Hi Guys & Gals

I have fallen into a situation that i find hard to believe.

I put my transmission for my vette to be rebuilt by local company ( they are nationwide Chain ) Its's a 69 c3 not sure but they was going to check it out and repair it they gave me estimate of 650.00 dollars to repair so i thought that was a good Deal. the general manager put a loaner tranny in it for me so that i could keep up my work on the resoration and bring it home. i kept up with them weekly on the progress of it but they were having a little trouble finding the correct parts.

i got a call on a monday that the parts were finally to come in on friday they told me the next week it would be ready by that friday. i did not get a call to bring car in so the following monday i called for i had not heard from them and i got another person that i had not talked to seemed there was a new owner that had purchased it and he said he had no idea or record of my tranmission ever being there. Luckily i had gotten a reciept and told him that and said i would be glad to fax it to him. he said he would call me back...........never got that call so i called him and he said he found our reciept and that he would look for my tranny and call me.........he calls and said he found it BUT IT WAS GOING TO COST 1700.00 TO GET IT BACK IT HAD TO BE REBUILT COMPLETLY REBUILT.

i told him if i had to pay that i would as long as it was repaired correctly( oh and by the way i told him it was a #s matching tranny and he told me there was no such thing ) then the guy that had loaned me the tranny calls and wants to know when he can get his tranny back that he had a buyer for it i told him that they had called me and found mine and that it would be ready the next friday and i would bring it to him them. he said great thats when they want it..........?

Starting to get the drift where im going.......the transmission shop calls me next day and tells me that i need to just keep the one loaner i got fron my friend and that i would have to LIVE WITH IT BEING GONE... but they had tried to contact me for several months to no avail so they had a junk dealer haul it off.

1ST OFF THEY HAD MY OFFICE NUMBER WHICH IS ANSWERED ALL THE TIME AND WHEN NOT ANSWERED THEY CAN LEAVE A MESSAGE.

2ND I CALLED THEN ON A REGULAR BASIS AT LEAST ONCE A WEEK

3RD THE NEW OWNER HAD ONLY BEEN THERE FOR A WEEK...

4th we found the guy that they fired ( general manager who was handling my car ) and he said he told them that i was very adamant on getting my car back and that the parts were on the counter to repair it

I have an attny and he wants me to put a value on what the transmission being gone has done to the value of the car..........i restored it from the naked frame up. 26,000 dollars and a lotta time.....how can i put a value on it ? or what value do i put on it...several other transmission places said noone throws out a muncie tranny nowdays and they are sure he sold it.......what can i do to recover my tranny the car is a pride and joy to me but it seems less since i cannot keep it orig. now....i need advice ? on how to place a price on what it does to car not to have orig tranny ....69 vette was all #s matching 350/350 muncie 4 speed.....full restored to orig condition.......less tranny now

 

[Yoda]

sparky,

That is a sad story on your '69 transmission rape!!

I don't know about placing a value on the transmission in relation to affecting the Total Value of a Numbers Correct 1969 Corvette. Hopefully someone can address this for you. We have several NCRS members here and they would or could address this better than me.

My first thoughts would be to have your atty. contact them and give them 2 options:

• Put the original transmission back into your car!
• Find a NUMBERS CORRECT transmission ~ Rebuilt it and put it back in your car.

I wouldn't settle for a $$ value as you are settling for a value in 2003, how would this compare to the $$ value of your '69 as your car gets NCRS awards and gains in value as a Numbers Correct 1969????

It may be a challenge to find a numbers correct transmission for your built date, but I would think it can be done.

This is my thoughts, I hope someone that has had a similar incident can provide you with some good solid help..

Hang it there and don't let they jack you around, stand your ground, you did nothing wrong, the ball is in their court to provide you with the correct repairs and the correct transmission!!

Keep us posted, others will learn and god forbid may fall into the same type of predicament some day!!

Bud

 

[Jacko]

Oh man, I feel for you.
I can only imagine the feelings you have about this matter.
If it were me, I probably would have wound up in JAIL, for Assault.
My temper is not so good when I know I am being jerked off/around!
I know that's not the way to go and I would lose doing something so foolish, but I would have felt much better inside, looking at his two black eyes.
Good luck to you and keep the pressure on him.
The above recommendations by the other guys are spot on. Push for what you are owed.
Keep us posted.
Rip Offs and Thieves
Jack

 

[JohnZ]

1. Call Darrell Shepherd at 4-Speeds by Darrell ( www.pipersauto.com ) and get a quote from him for a fresh #'s-matching Muncie for your car, and give it to your attorney so he can demand they settle for that plus installation labor, under threat of a criminal fraud complaint.

2. Transmission "numbers" aren't judged by NCRS - only physical configuration and appearance that can be seen by lying on the ground with your head stuck under the rocker panel.

 

[resto75]

If you try to file a police report you will have to insist that the transmission was stolen or you will get the "Its a civil case" reply.

Any transaction between you and and a repair shop is civil unless there are other circumstances involved. In another words dont start out with the they gave me a replacement transmission and its not the one I gave them. This is probably done all the time as they keep rebuilds on the shelf for quick swaps to people who could care less about the numbers. If they insist the transmission is lost it will probably still be a civil matter and you will just have to sue them in civil court for whatever you can get. From what you have said it sounds civil and not criminal.
Good luck

 

[Erik S. Klein]

The advice posted above is all good from where I'm sitting.

The lawyer is a great first step. He'll need specific damages to use in his talks with the tranny shop.

Although NCRS doesn't actually check the tranny numbers they are still important for resale and should be considered as damages. The cost of a replacement isn't necessarily valid since the replacement isn't the correct transmission.

I'd call up some of the big-name classic Vette resellers like Pro-Team and Corvette Mike. Ask for their best appraiser and explain the situation to them. Most of these guys are Vette nuts just like you and me and you can probably talk at least one into typing up something explaining the lost value of the car without the correct transmission.

If you find someone willing to swear to lost value have your lawyer draft up a basic statement and get their signature for the file.

With a sworn statement from an expert witness and a lawyer you'll prove that you are truly motivated to pursue this and that you won't be blown off. That should either get you money or the original transmission. If not then you are in great shape for a court appearance.

I'd also report the transmission stolen with the police. Hopefully you can find a sympathetic car nut on the force to help you out.

Good luck!

 

[sparky]

Tranny Rape

Hi Guys

1st off.....I want to thank you for all your help and replies.......they were very helpful and helped me talk to my attny. and he has decided that a fair value for the car was 80k. Thats if it were all numbers matching and if it won a few shows ect... after the tranny gone we talked to a local vette dealer and he said the car was worth about 20k with the orig tranny gone.......not sure how he came about that......but that leaves me with about 60k minus on value.......

The attny contacted them with a letter that states he wants as texas laws allows in a case like this......3 Times the damages and that he also wants attny fees of 2500.00.....so he is sueing them for 187,500.00 ....seems like a lotta money to me but he figured as the car got older and if i was to show it ( which was where it was headed ) the car would appreciate in value and since there is a 60k loss in value texas law states that they can be sued for 3 times that value....

We got an offer back from them that they would find a simular tranny ( not exact just as close as possible)

that they would pay shipping and attny fees and that they would install for free.........BUT......i have to pay for the replacement tranny and there will be no set cost on that....not sure but attny said i should not take that offer at all as that can go too many diffrent ways.......

Just wanted to know what you guys think.....i dont want to rape them back......just want to be fair......and who knows what the replacement tranny will cost............oh ya they also said they would waive the inspection fee of 150.00 for when i 1st brought the vehicle in

I guess what bothers me so bad is that he acted like he really didnt care that he had discarded my orig. tranny and just told me i had to live with it.....then he lies to his attny that he tried to contact me so many times when it is very easy to get in contact with me.......i guess i just dont care for his morals.......what do you guys think ?........should i take the offer for the simular tranny or should i make him pay for his deception ?

again ty guys for al your attention that you gave me the help was wonderful............Sparky

 

[nd4speed]

I myself would not take the deal. that dollar amt may be high, but they stole from you. its not right, someone needs to be held accountable. also i don't believe you should pay for a new tranny either. just my .02

 

[Robin7TFour]

MY .02 , i would make them pay a fair market loss. if there is a 60k estimated difference ,then i would try to recoup that (or close to it). without the exact match tranny you'll allways be money behind.
keep in mind too. that the attorney's fees should be a consideration in the settlement. you may be resposible for hiring him,but they continued by not helping rectify the problem.
lastly. i WOULD NOT let the shop do any other work. period! i would expect them to find a replacement then pay the shop .(of your choice), to do the installation. think about the anology... cook spits in your food.... no shop would gladly put a free tranny in (and labor) ,plus lose a wad of cash without some sort of payback.

i feel for you! hang in there.



robin

 

[JrdnsEdu]

Can I ask which chain this was? I know I certainly would not want to give my business to a place like this.

 

[*89x2*]

rossler transmission, Girard (youngstown) Ohio <<Thats the place to go for a trans that is built right!!!!!!!!!!

 

[Vette/Berlina-coupe]

Geeezzz! -what a clamity...

-this is a great example (been there done that) as to why i now have any such work done here on my primises by certified Mobile-mechanics (some of which are outstanding professional-mechanics that just prefer to be independent, --their only overhead being their specially equipped step-van for example), --owing that if just such an all to common dispute occures at a "friendly" Repair-shoppe, --they have the legal-right to slap a "mechanics-lien" on your car, --and then they can demand just such outrageous payments etc. as have been demonstrated by the perpetrator in the above case. Unfortunately, those living in an appartment/condo-complex are most often restricted from having such repairs so done; --but if you have your own place, it is wise to seek out a sober qualified Mobile-mechanic (ask to see credentials such as certificates for having passed various training-classes offered by vocational-schools and GM/Ford/Mopar/Toyota-courses etc.), whose fees are generally more affordable than a Repair-shop because of lower-overhead...
~Bob vH

:booty