Public Mediation

Discount car clinic / Magic Brakes & Muffler-Dispute-#1600656

D. G. vs. Discount Car Clinic / Magic Brakes & Muffler
4225 highway 6, Sugar Land, 77478, United States
    • Claimant Seeks: 2 non-monetary items.
    • Claim #: 1600656
    • Amount Involved: N/A
    • Filed On: Feb 25, 2012
    • Posted On: Mar 07, 2012
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Customer service runarounds
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Statement of Claim
"I took my vehicle a 1990 gmc pick up truck it was making a rattling noise when i lets
go of the accelerator pedal. and i also told thim that something draining the battery
i told the ower that the rattling is in the transmission. he no it that catalytic convertor.
i told thim trhat i have a air check voltcher for $600.00 the ower said ok
The next day the ower call and said that the catalytic convertor was clogged making that rattling noise so i said go on and fix it and also fix my transmission mounts.
You see air check will not pay for the transmissiont work. i did not need a convertor he
after 6 day in the shop. he call and said that my truck is runs ok.
so i go and and getthe keys and pay him $600.00. and the trcuk is naking the same rattling noise"
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Additional Communication Between Claimant and Discount Car Clinic / Magic Brakes & Muffler Hide
  • Feb 28, 2012, Discount Car Clinic / Magic Brakes & Muffler (responding party) added:
  • Customer contacted that repair facility, via telephone, to price the labor only(customer stated that the part held a lifetime warranty with autozone) for installing a new clutch kit. Customer setup an appointment to bring the vehicle into the repair facility. Upon arrival to the repair facility the customer first informed the technician the customer, himself, had installed a different engine into the vehicle that made the vehicle carbureted instead of throttle body injected and the brakes did not work very well. Also, customer stated that the vehicle made a rattling noise while letting go of the accelerator(clutch related problem), the brakes need to be checked, the rear main seal needed to be checked, oil leaks needed to be checked, and the battery would die every evening while sitting.
    Technician found that the catalytic convertor was clogged, there were two exhaust donuts leaking, the exhaust was resting on the transmission cross-member due to the mounts being broken(customer stated this was present due to engine being changed with carburetor by customer), the intake manifold gasket is leaking, the oil pressure sender needs to be replaced, the u joints were worn, the rear wheel cylinders were leaking, the rear brake shoes were worn, the rear brake drums were severely worn, the rear brake hardware kit was recommended with the other brake repairs, the axle seal was leaking, the master cylinder was not operating properly(valve was bypassing internally causing the brake pedal to go directly to the floor). After hearing of all the problems, the customer came to the repair facility to discuss with the technician and owner all of the found problems. Upon leaving the facility the customer agreed to repairing the catalytic convertor, repairing the exhaust leaks, replacing the battery with the correct battery(which was the cause of the drain, so customer took battery with him as he had a warranty with autozone), and declined all other repairs, including the clutch problem. Customer returned to the repair facility on the following morning and dropped off the new battery and an Air Check Texas/HGAC voucher to cover up to $600 towards emission repairs for the cause of a failed state inspection.
    After the repairs were completed the technician performed a state inspection. However, the vehicle did not pass the safety portion of the state inspection due to the master cylinder, the rear brakes, a wiper blade was missing, and the horn did not work. Customer was very upset that the vehicle would not pass and that the voucher did not cover those items. In order to help the customer understand that we could not do any illegal actions to pass the vehicle or replace non-emission parts, the State representative was contacted(Diane Domagas) and informed of customer complaint. The State representative then spoke with customer and informed customer of the rules and regulations that the repair facility must abide by. Customer was also informed by the state that the safety items did not need to be repaired at this facility, but the inspection sticker would not be placed on the vehicle. A resolution was reached at that time with the customer, that the customer would supply the parts and pay the repair facility to install, re-inspect the vehicle, the vehicle would then pass the state inspection, and a sticker would then be able to be placed on the vehicle. Also, customer was given exact cost of repairs, asked to sign an itemized bill(included tax and all) agreeing to the repairs, and the customer signed and agreed to the terms.

  • Feb 29, 2012, Claiming party added:
  • I was not going to use my voltcher at the car clinic. when ower told me that the catalytic convertor was the ratting problem. and not my transmission. thin i gave him my voltcher. I had $600.00 to fix the transmission problem but he said that it was the catalytic convertor i could gave replaced and installed those items my self

What Claimant Wants Hide
Non-Cash
What By When How Much
1. Repair: rattling noise Mar 10, 2012 N/A
2. Complete project: fax my trcuk Mar 10, 2012 N/A
Cash
1. Other – Physical delivery charges Mar 10, 2012 $2.99
Cash total : $2.99
Non-cash: 2 items
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "A resolution was reached with the customer prior to the vehicle being repaired and the vehicle leaving. Customer was informed that it is illegal for the repair facility to use an Air Check Texas/HGAC voucher for anything other than failed emission repairs. The repair facility contacted the state once customer voiced being upset that other repairs could not be performed with the voucher. In order to calm the customer and inform him that we are regulated by the state in these matters as it is illegal to perform the customers request, and that we do not operate dishonestly at this repair facility(as we would not be a state approved repair facility), Air Check Texas spoke with customer. The customer was contacted by the state(Diane Domagas) and informed that the voucher would not cover anything other than failed emission repairs, but the failed safety items did not have to be repaired at said repair facility but a state inspection sticker could not be installed. Customer then agreed to supply own parts, just pay for replacement of parts, and would receive a state inspection sticker. Customer agreed and signed invoice agreeing to pay for those items to be replaced only.
    Customer is welcome to setup a meeting with the repair facility, the State representative(Air Check Texas), and self to further discuss with the customer the rules and regulations."

This claim will remain posted until resolved.

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