I never advocated taking the car back. I advocated calling the police and telling them the mechanic stole the car. Stealing your own car back would be a bad move, for all the reasons you (Mike) listed.
I SAID THAT…I TAKE FULL RESPONSIBILITY…LOL I didnt think they would do it and the OP never intended to do so…as referenced by the smiley face in their response to my Covert Op idea…
Calling the police in THIS situation is NOT going to resolve ANYTHING. Sorry…it WON’T. This is a civil matter (i.e contract). It comes down to he-said/she-said. A cop isn’t about to make an arrest in this situation…if they made the WRONG arrest…he could be sued…and in all likely-hood loose his job over it.
I SAID THAT…I TAKE FULL RESPONSIBILITY…LOL I didnt think they would do it and the OP never intended to do so…as referenced by the smiley face in their response to my Covert Op idea…
too funny, it would be a Covert op, seeing as how that is our last name!
NO WAY…LOL…I’m good, no? I didnt say the police would arrest anyone dude… It WILL put things down on paper with the authorities however and they WILL accompany you down to the garage for the full story. THAT…may do something in and of itself. I never said that the Police would themselves resolve this FOR the Coverts…lol You know what I meant…Man…you guys are like old lady’s fighting over the last cup of tea today…lol… Easy easy…
I’m gettin a beer…this is getting good
…and besides possibly turning a civil case into a criminal one by taking the car from the shop, let’s think about something else–namely the possibility of being charged with Filing a false police report if the OP does report the car as “stolen”.
While the car may not be in her possession, and while she is clearly not happy about the circumstances, she knows that it has not been stolen and this is…lying at the very least and… possibly a criminal act.
Don’t take a fire and throw gasoline on it!
…beer opened
See it would never get to that point if they just told the police what happened…the po-po would assist…not solve the matter… But mediate…I’ve seen it happen meself…many X… That’s part of their civil service…no? Well whatev…they do it, thats all I know. THAT would move things along I’m sure…if not…then it gets legal if you want to take it there.
Stop spinning your wheels in the MUD that I SLUNG…with my Key comment…and COVERT OP. LOL cant believe I guessed the last name…I did it…you seen it…I did you know.
Heres some good reading for you all. The mechanic is not guilty of theft, he did however violate the Ohio Consumer Sales Practice Act.
Heres a quote: “{¶ 17} Pursuant to the Ohio Consumer Sales Practice Act (“OCSPA”), codified at
R.C. Chapter 1345, and regulations enacted thereunder, it is a deceptive consumer
transaction for a motor vehicle to be serviced without a prior written estimate or work
order authorizing the work to be performed without the estimate. Alexander v. Transm.
by Bruce, Inc., Cuyahoga App. No. 89908, 2008-Ohio-2029, ¶ 7. Ohio Adm.Code
109:4-3-13(A)(1) requires that a consumer be given a form informing the consumer of
the right to a written estimate when the costs of repairs exceeds $25.”
You can read the whole thing here, this is an actual court case that was appealed, IN OHIO. The owner of the vehicle used his extra key to take his vehicle that the shop was holding for payment. The vehicle owner was arrested and charged with theft for taking his own vehicle. He was initially found guilty, appealed and won his appeal because he was not provided with a WRITTEN estimate. It was found that the shop owner violated not state laws but the Ohio Consumer Sales Practice Act. The OP can go get her car late in the night, get arrested, then beat the rap.
Like my brother the cop says “You might beat the rap, but you wont beat the RIDE”.
Ellsabeth, read this and inform your mechanic that he is violating the OCSPA because he never gave you a WRITTEN estimate or had a signed work order before repairing your vehicle.
If you read this real good you can also decipher that had the mechanic provided a written estimate or had a signed work order, the vehicle owners conviction would have been upheld meaning YOU CANT GO REPOSSESSING YOUR OWN VEHICLE FROM A SHOP.
READ THIS: http://www.sconet.state.oh.us/rod/docs/pdf/2/2009/2009-ohio-3509.pdf
transman
Thanks transman, I appreciate it.
JEEZUS…If you guys read this post she said that she WAS NOT going to go and get her car…WAY EARLY IN THE POST…
What is this some sort of semantic exercise?
So…Liz…pssst Liz…When are we goin to snag that car? Tonight sometime right? LOL
JEEZUS…If you guys read this post she said that she WAS NOT going to go and get her car…WAY EARLY IN THE POST…
What is this some sort of semantic exercise?
Thank you! I have said we have NO Intention of going to get the car without paying for a least the tow we asked for. And for the record, I never once said that I thought he stole the care or was going to report it as such.
Blackbird, those particular comments were not meant for her, I DID read that she said she wasnt going to get her own car back. Those comments were meant for those who were TELLING her to go get it and those (YOU INCLUDED) who were saying the mechanic is committing “Grand theft”.
transman
As transman knows, more than just the OP and the folks who post read these…
And what if this friend/mechanic says when the xxxx hits the fan in a courtroom or otherwise that the daughter said, directly or vaguely:
Do what you can…
Go ahead and…
Stop at some point…
If it gets too involved, call me…
And so on…
At this point one side of the story has been presented. Maybe the mechanic should be given an opportunity to present the other side because it could be the other side involves one of the above phrases.
How about the OP invite that guy to register and fill in any blanks instead of crucifying him along the Appian Way without knowing the entire story.
In the mechanic world, telling someone to fix something and then developing cold feet later is not unheard of.
It’s a sticky story but we had a guy with a botched clutch job (ind. shop down the road) bring his VW in and the further this thing went the worse it got.
Bottom line is that this guy came in not once, not twice, but THREE times and put his John Hancock on the repair order 3 separate times to authorize us to go further and further with the transmission.
When I got the transmission apart and found major problems (which this guy was told was likely from the start and before the transmission was even pulled) he then started screaming and cursing that he not told us to take the transmission apart; his 3 separate signatures apparently being irrelevant to him.
Just something for consideration anyway.
This is getting confusing Transman so I can understand why you might have THOUGHT that I said that the guy is commiting a sort of theft… I never said, in any way, so obviously there is real confusion here, so be it…it affects me not.
I DID however say that he (Tow Dood) is EXTORTING money…which in matter of definition…and matter of FACT…HE IS.
Am I missing something? We have no Beef Transman, and I respect you as a SHARP member…confusion is running rampant in here obviously. No worries.
Blackbird
It was my comment that incited this whole S-Storm, and for that I apologize. Made for interesting reading tho…Cant deny that…I guessed the OP’s last name (A FIRST), started a huge firefight, Got the Cops involved, told someone to steal their own car back AND learned something. HELL of a day man… I am rather satisfied actually.
Blackbird