Akoostics

So, I take my 76 Cutlass with the rare 5 speed manual transmission to the shop for tires and front end alignment. When I get my car I notice they broke my shifter console. The boot was pulled off the top of the console, leaving large gaping holes where the screws used to hold it down. If that wasn't enough, they also broke the console from the floor of the car, same effect, large holes where screws used to be. Small broken bits of the console still lays in the floor board. Now when I shift the boot flops up, down and side to side.

They haven't denied it yet, but if they do I would like some ammo to take to them...

Tires... broken shifter console... huh???

What action do I have the right to pursue?
Can I buy a replacement console for this? They only made 862 this year.
Does any other car have this console (Monza, Starfire, Vega, etc...)

So angry and seeking your wisdom...

MDchanic

You can sue the bejeezus out of them.

Of course, unless this car is registered or recognized as a collectible, the maximum recourse might be book replacement value of the whole car, which could cost less than a rare console.

It's also your word against theirs - expect them to say you brought it in that way. Unless you had someone with you in the car when you picked it up and dropped it off who saw the console, it's one guy against a whole shop full of monkeys.

Reason #362 why you never leave anything with a mechanic or shop.

- Eric

Akoostics

I have the pieces still on the floor board and I have an iPod speaker wire that was squished between the console and the floor. But I guess that doesn't really prove anything.

I'm mad enough, I'm pretty sure if they say that, I'll threaten with legal actions, but I don't even know what my rights are in this matter.

**sigh**

MDchanic

Then you need to consult with a local attorney.

As a native of NYC, I can tell you that there are also other ways of going about this, but their viability depends on local circumstances.

- Eric

rocketraider

It's simple. You took the car in for tires and FEA, neither of which have a damn thing to do with the console. The console was intact when the car went in for service. It was broken and obviously monkeyed with when you picked it up.

Give them one opportunity to 'fess up as to what happened and make it right. If they don't want to play, then a letter on a lawyer's letterhead may make them rethink their position. If the letter doesn't do it, turn the lawyer loose in small claims court and ask for damages, replacement of the part, plus court costs and attorney's fees. I can about guarantee someone will come clean.

Just curious- does this car have a release lever on the column to get the key out, or does the car have a backdrive linkage from trans to column to rotate the column into position to remove the key? That is the only reason I can think of to mess with that console, unless someone was casing the 5-speed for a midnight parts supply deal.

This is why I never leave an older car alone with a bunch of grease monkeys younger than the car. I learned the hard way with state inspection on one of the Starfires. Kid pulled the LF wheel to check the brakes and when he put the drum back, he did not index the speedometer cable into the hub properly. When I left and drove half a mile and realised what had happened, before I got back to the shop the cable was destroyed. I made them find me an NOS AC cable at their expense and time. They dragged feet, and the lawyer letter convinced them to pick up their pace.

Akoostics

It has the release lever just below the key on the column. But the original ignition and key are so old, it very rarely catches.

I've never heard of the other way.

Just to be clear, this "console" I'm referring to is simple in nature. It's about 10"x10"x6"... roughly. Just big enough to handle the shifter boot. It's not a full length console from between the seats. Still broken though and now it looks, feels and sounds like a piece of crap.

I REALLY like the attorney official letterhead idea, if it comes down to that.

MDchanic

If they aren't falling all over themselves trying to make this right, it's come to that.

- Eric

Akoostics

I will absolutely give them every opportunity to make things right. I like these guys and they have always done a good job, but...

Rickman48

If it's a national chain, they'll usually break their necks to make good - no adverse publicity!
If it's a local shop, the better business bureau should help, if not, go to the city hall which issues their business license!
And there's the local TV station!!

Akoostics

It's a locally owned shop and they will take care of the repair costs through a professional upholster shop. It's already removed and being repaired.

WHEW!

MaxDog

How much will it cost to replace, assuming you can find another one?

Akoostics

found one at $795

Rickman48

They should also refund the money you spent for your inconvinience!!

J-(Chicago)

Wow. $795 dollar mistake. My boss would have killed me, if I was the wrench on that one.

Rickman48

I used to manage a repair shop, and one of the techs put the wrong oil filter on a Chrysler.
About a block away, blew off, and the woman kept driving it, 'til it seized.
Installed a used motor, gave her a 2-yr. warantee, and paid for her rental;
She was happy, as her car had 110k miles, and was pretty worn-out!
Poop happens!!