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Old 11-12-2020, 07:14 AM   #1
MrNoosNoos
 
Drives: 2019 Camaro 2SS 1LE
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Performance shop refusing to give back deposit

So recently with this shop that I've gone with, they were helpful up until they got my deposit, a whopping 80% of the whole package. After that, they haven't really been answering alot of my questions, terrible customer service, and then when I told them, I wanted a refund they started talking about how they have a no refund policy, which they never told me. They said that they can't return the money but they can move my date up. At this point, I'm fed up with the shop and I don't want them working on my car anymore.

They still haven't done any work, but said "they already bought the stuff" for their generic cam package that literally everyone is getting. I've only made mine "unique" by adding on 2 things that if "already bought" , I'll take the parts and the rest of the money by subtracting those 2 things.

What can I do to get my money back? I checked their recent reviews, but I should've before I even went there. I paid via cashier's check.

Thanks for the help.
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Old 11-12-2020, 07:22 AM   #2
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um ask a lawyer would be my advice. or fax them an official looking letter requesting that they return your money.
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Old 11-12-2020, 07:25 AM   #3
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Why would you ever put 80% down on something like that, at minimum before the majority of the work had been done? Second of all, there was no discussion at the time of the transaction, of a refund possibility?

Outsiders can't really give an appropriate answer on something with a brief overview (of your side). Talk to a lawyer or start chewing a$# at the shop until someone budges.
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Old 11-12-2020, 07:38 AM   #4
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First, it's common in the auto, construction and other industries to provide a 50% deposit up front and the balance at completion. The vendor should have done that.

I assume you have some type of written contract or agreement that specifies what he will do for a certain price, the schedule for the work, addresses any warranty, etc. An email chain would be better than nothing.

Every vendor should be willing to return the unspent deposit and parts purchased minus reasonable labor charges.

If the vendor refuses to so after say 3 written requests, check the website of the county court having jurisdiction in his area to see the maximum small claim amount. Yours will probably be under that amount.

File your claim and it will likely take several months to hear from the court about scheduling a hearing wherein the judge or magistrate will likely walk in and ask you about settlement.

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Originally Posted by zaimer View Post
Why would you ever put 80% down on something like that, at minimum before the majority of the work had been done? Second of all, there was no discussion at the time of the transaction, of a refund possibility?

Outsiders can't really give an appropriate answer on something with a brief overview (of your side). Talk to a lawyer or start chewing a$# at the shop until someone budges.
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Stock SC and TB, 10% pulley
Custom valve train/PP heads
Kooks Long tubes, green cats
Custom heat exchangers, RotoFab

Phase II Mods In-progress Today
Kong ported blower/snout, NW 103mm ported TB,
FII blower spacer plates & thermal reduction blanket,
Griptec snout pulley 2.4", MMS Mild catch can
ADM ultra large intercooler coolant reservoir,
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Old 11-12-2020, 07:55 AM   #5
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[QUOTE=JSH;10901391]First, it's common in the auto, construction and other industries to provide a 50% deposit up front and the balance at completion. The vendor should have done that.


So are we talking 50% or 80%? There is a bit of a difference between the two, I would assume. I'm construction born and bred, and currently several of my customers are contractor direct. . I certainly agree that CAN be common in those instances.

I guess I have been lucky with the automotive side of things; I've never paid a considerable chunk of the bill upfront. In many cases that would throw a red flag to me - particularly 80% down - WHY do you need that much of my cash now?

OP-we are all on your side, hopefully you get the money back. I'm more ticked off at the shop and trying to find some logic as to why any of this took place
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Old 11-12-2020, 08:02 AM   #6
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I'd hazard a guess that the end result is that it's a bit of a pyramid if you will, they won't have $$ to refund you until more orders come in
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Old 11-12-2020, 08:25 AM   #7
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Yep, another practice common to autos, construction, etc. The shop has mismanaged his business and overspent and uses monies, and not necessarily just margin, from other jobs to complete your build, all of which often combines to form a business crisis. This is very common with smaller shops that tell you, "yea, I can beat their price bigtime!"

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it's a bit of a pyramid
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HPE Phase I 7/20:
Stock SC and TB, 10% pulley
Custom valve train/PP heads
Kooks Long tubes, green cats
Custom heat exchangers, RotoFab

Phase II Mods In-progress Today
Kong ported blower/snout, NW 103mm ported TB,
FII blower spacer plates & thermal reduction blanket,
Griptec snout pulley 2.4", MMS Mild catch can
ADM ultra large intercooler coolant reservoir,
DSX low side pump
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Old 11-12-2020, 08:28 AM   #8
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So sorry to hear this. I assume this is the same shop who declined to share the cam card on their secret cam grind. I'm not capable of giving you much legal advice other than to say you may well need to hire an attorney to push this issue. Round up every speck of documentation you have especially anything with that shop's letterhead on it. Print out any email or text exchanges you've had with this shop and write down every phone conversation you have had as best you can remember. Documentation always becomes important in legal/contract disputes and if you hire legal help they will want it as the basis to build your case.

The lessons I have learned in this space from personal experience and from friends is why I always use a credit card or PayPal for payments made in advance of service. These payment methods give a recourse and path to dispute the charges and get you money back.

Good luck - it sucks to get stuck like this. The shop has all the leverage until you can find a way to apply pressure.
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Old 11-12-2020, 08:43 AM   #9
mikeman
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I would not do business with any shop that demanded 80% cash upfront, period. Those types of shops need to go out of business. OP-good luck and I hope you get most of your money back.
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Old 11-12-2020, 08:52 AM   #10
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It looks like in GA, small claims court covers all claims up to $15k. I certainly hope we're talking about less than that. The bottom line is that it's unlikely an attorney is going to take the case or be worth it for a claim that small. You can certainly consult with a couple to make sure, though. But in small claims, the proceedings are generally designed for pro se parties to litigate their own cases. You're going to need to file the case, take any documentation of payment and contracts (if any exist that are written). If there was no written deliver-by date specified, then it's basically up to the judge to determine what a reasonable amount of time is for them to deliver on their promised work. There will probably be some typical time span that they use as a rule of thumb.

Finally, even once you get a judgment it may be very hard to actually recover the award. This shop most likely used your money to pay for a prior job, and they may not have the money sitting around to give back to you. You can get a lien on the business if that happens, but you'll probably be in a long line of other lienholders at that point. So buckle in - it's going to be a long ride. FWIW, this is the kind thing Hennessey is infamous for doing. It happens a lot, unfortunately.
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Old 11-12-2020, 09:57 AM   #11
01pewterz28
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Quote:
Originally Posted by MrNoosNoos View Post
So recently with this shop that I've gone with, they were helpful up until they got my deposit, a whopping 80% of the whole package. After that, they haven't really been answering alot of my questions, terrible customer service, and then when I told them, I wanted a refund they started talking about how they have a no refund policy, which they never told me. They said that they can't return the money but they can move my date up. At this point, I'm fed up with the shop and I don't want them working on my car anymore.

They still haven't done any work, but said "they already bought the stuff" for their generic cam package that literally everyone is getting. I've only made mine "unique" by adding on 2 things that if "already bought" , I'll take the parts and the rest of the money by subtracting those 2 things.

What can I do to get my money back? I checked their recent reviews, but I should've before I even went there. I paid via cashier's check.

Thanks for the help.
Who is the shop doing the work?
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Old 11-12-2020, 10:01 AM   #12
MrNoosNoos
 
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Quote:
Originally Posted by Jaxcam02 View Post
um ask a lawyer would be my advice. or fax them an official looking letter requesting that they return your money.
Will start with this and see what happens.
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Old 11-12-2020, 10:03 AM   #13
MrNoosNoos
 
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Quote:
Originally Posted by 01pewterz28 View Post
Who is the shop doing the work?
The shop in question is Fast Lane Performance in ATL, GA.

https://www.fastlaneperformance.net/
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Old 11-12-2020, 10:05 AM   #14
MrNoosNoos
 
Drives: 2019 Camaro 2SS 1LE
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Quote:
Originally Posted by Msquared View Post
It looks like in GA, small claims court covers all claims up to $15k. I certainly hope we're talking about less than that. The bottom line is that it's unlikely an attorney is going to take the case or be worth it for a claim that small. You can certainly consult with a couple to make sure, though. But in small claims, the proceedings are generally designed for pro se parties to litigate their own cases. You're going to need to file the case, take any documentation of payment and contracts (if any exist that are written). If there was no written deliver-by date specified, then it's basically up to the judge to determine what a reasonable amount of time is for them to deliver on their promised work. There will probably be some typical time span that they use as a rule of thumb.

Finally, even once you get a judgment it may be very hard to actually recover the award. This shop most likely used your money to pay for a prior job, and they may not have the money sitting around to give back to you. You can get a lien on the business if that happens, but you'll probably be in a long line of other lienholders at that point. So buckle in - it's going to be a long ride. FWIW, this is the kind thing Hennessey is infamous for doing. It happens a lot, unfortunately.
Damn I really hope it's not that serious. It's their generic cam package that they are literally spitting out everywhere. Just take the money they get from that and return my money and they already have the parts.
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