Got scammed by my Body work guy

[seanlonghi]

Don't really know if this is the forum, but I'd like some advice.

I went to a reputable restoration company in Vancouver, BC and they did a lot of work on my car 1.5 years ago.
About $20k worth. Al metalwork.
Got it back and started to look for a painter.
Found a backyard painter that said he would do it for $6500-7500 depending etc.

Seemed like it would be good. This was a year ago. I was excited.
1 month in, he discovered a really bad job from the 1st resto company.
And while the resto company apologized and gave me back some money, I decided to let the new guy take over as he found all of the poor welds etc etc.

930 hours later, My car is straight and painted. The painter released the car. Looks great and its in my garage. The process however, has been fighting non stop over the year.

I paid the first bit by cash and switched to cheques for better tracking. Every cash payment I have a signature in a log book from him when I gave cash with the date.
And the withdrawal from my LOC at the bank.


He gave me a receipt a month ago with a final balance of $2000 which I paid when I towed the car home.

He still has my

• front bumper
• fenders
• fiberglass hood
• rear bumpers
• decklid
• and my tail lights and front lights for fitment.

They weren't painted when I took the car.

I don't know if they are painted even now, but he refuses to release them unless I give him an extra $12,000 or I can take him to court. He claims I forged his signatures on the cash payments. Crazy!!

I'm going to call the local police and try with my local insurance, but is there anything that anyone can offer or has anyone been in this situation.
Paying this person one more $cent is not going to happen.
Going over and making a scene wont happen.
Talking to him after yesterday is out of the question.
I cant reason with him.

Small claims court I guess is an option. But I need A lawyer and the date would be a long ways away.
1 year or more waiting list.

Obviously I'm devastated at putting $40k out to this guy and I only have a painted shell.

My wife was pissed at me yesterday, let me tell you.

I can't be the only one on this forum where something like this has happened.
Picture below. The Idea was not a concours car. Or original. I am making an R replica.


SC

[-Levi-]

I don't have much to say other than that really sucks.

.... but man that is one good looking start to an awesome project.

[Trakrat]

I'm confused... so is the problem you're having with the shop that did all the metal work????
Or the "backyard painter"???

I'm also confused as to why you have the shell and doors in your garage, but chose NOT to take the other parts with you when you had everything towed?

I'm thirdly confused when you said he gave you a "final balance of $2000". Why not just give him a single payment at the end of the completed work???

[Bob Kontak]

Originally Posted by seanlonghi

He claims I forged his signatures on the cash payments. Crazy!!

Either you did forge the signatures or he is lying. Both cannot be true.

I am making the statement in this manner as judges do not care for these kinds of antics if it gets that far.

This can end in incarceration.

[seanlonghi]

Originally Posted by Trakrat

I'm confused... so is the problem you're having with the shop that did all the metal work????
Or the "backyard painter"???

I'm also confused as to why you have the shell and doors in your garage, but chose NOT to take the other parts with you when you had everything towed?

I'm thirdly confused when you said he gave you a "final balance of $2000". Why not just give him a single payment at the end of the completed work???

The final balance was paid because the remaining parts were not completed and scheduled to be done in a week.
And I've spent over a month chasing those for pickup.
I removed the car with doors. As you see the picture.

Still to be completed at his house were the other parts.
It was last week that he said parts will be ready with a final invoice.
I said final invoice???

And no ...I didn't forge his signatures everyone.

The poor work was from the first shop.
I paid this person to redo it all and paint the car.

[aread]

Did you get a $0 balance receipt when you paid the $2,000? Also agree with Trakrat, why did you leave the other parts in his possession if everything was paid up? (that, to me, seems to be asking for drama).

What are we missing here?

[aread]

Just saw your last reply....

Also, if he's claiming 'forged signature', I would say its time to get a lawyer involved. If that is the outright lie you say it is, then I'd suggest all communication be through an attorney at this point (A letter can go a long way)

[Bob Kontak]

Originally Posted by seanlonghi

And no ...I didn't forge his signatures everyone.

Shoddy workmanship is one thing. Lying about cash receipts is another.

Not calling you out as the culprit. Just saying that this has teeth. It may work in your favor but I hope it does not get that far.

The boss will be real happy about that additional $5k retainer to start the case.

[pmax]

So ....

for $40K, not counting the $20K to the first "reputable restoration shop" scammer, to this guy, did you get a clear invoice or receipt for the work done, spelling out the details of the contract and payment ?

Or is this going to be a he said she said mess ?

[seanlonghi]

There will be no more communication between us.
This is a he said/she said mess I feel.
I have paperwork and receipts on payments.
The balance of $2000 was paid by a cheque (as the last 8 or 9 payments have been) and the last cheque I wrote said "final payment.

There was no written quotes as there often isn't - as its just an hourly rate.
We both agree on the hours in

What he doesn't agree is the cash money he has received.
He can't dispute cheques. They are in his name and cashed.

I really have only two options I feel.
1) Walk away and buy new parts down the road when I can afford them. Which is what I felt was going to happen.
2) Or consult a lawyer and chase this in court and see what happens.

[quattrorunner]

These stories make my head hurt

[Trackrash]

A friend of mine who is an attorney once did this to a guy who tried to cheat him for work on his car.

He picked up the car on Friday afternoon and paid with a check. He went straight to the bank and stopped payment.

When the guy complained, my friend said see you in court. The mechanic lost the case.

[ab1752]

So here's the thing what do all those parts add up to if you source new ones and have yet another shop paint them for you? Figure that out and weigh it against the expense of going to small claims court. I highly doubt the guy will have painted your parts already, which is bizarre that he didn't paint everything at the same time, but anyway he seems like he is either really crappy at keeping records or he figured he was going to get every last dollar. Cash deals are challenging and require some documentation and a strong level of trust.

So anyway I wonder what CRA would think about this cash deal? It is on him to declare income and remit GST as it certainly sounds like a business transaction. The city is pretty strict on how body shops are licensed and regulated so he is in a bit of a bind from that perspective, should you want to consider those options.

930 hours is a crapload of time...my "no rust" (hahahahah) 240Z was only 600 hours and yours had already been worked on. I'm local and I think I can guess who might have started the work, sorry to hear this ended up here and good luck with moving this rock forward.

[Daves911L]

Seems to me if you paid him in cash, and he didn't report it as income, your taxing authority might be interested to know. Not sure how tax agents are in BC, but south of the border IRS folks might take interest in something like this. Especially as it sounds like moonlighting for significant cash is SOP for him. Maybe something you should bring to his attention if he is not immediately forthcoming with your painted bits.

[ab1752]

Also there are lots of options and you don't need a lawyer to represent you in small claims court here in BC for actions up to $35k (I believe)...check out Small Claims BC | Online Help Guide What you guys need is a mediator and I believe there is an "online settlement" option once suit has been filed so it is in your interests to file then present your evidence to court with little downside.

[nathanbs]

I Would definitely call the local authorities and explain to them that this person without a license is holding your property hostage and he’s trying to extort you for money in exchange for your parts. Do you have a local bureau of automotive repair that you can call for advice? they might be interested in this individual that is doing car repair without a permit or license. I would start by making a formal demand in writing and send it to him certified. The demand should include the inventory of parts and reference that they are to be painted as previously agreed. Worst comes to worse you will have to sue for the value of your parts and the painting of those parts. Hopefully your small claims limit is substantial enough. One major thing that you have going for you is that just about any judge even if he’s a car lover Will likely go ape **** about the $40,000 that you gave for paint to a “backyard painter”.

[Bob Kontak]

Originally Posted by Daves911L

Seems to me if you paid him in cash, and he didn't report it as income, your taxing authority might be interested to know.

The issue of if he paid him in cash is at question per the service provider. That hurdle has yet to be conquered.

Let's say $10k Canadian of cash receipts and associated unreported income.

That's probably $3,000 of revenue lost by the taxing authorities.

How much time for an agent is warranted for an unconfirmed $3k in lost revenue where he/she has to perform forensic accounting to perhaps justify?

[wayner]

Does he have a signed work order?

If not, call the police and get them to accompany you to pick up your parts that he is holding.

[Bob Kontak]

Originally Posted by nathanbs

I Would definitely call the local authorities and explain to them that this person without a license is holding your property hostage and he’s trying to extort you for money in exchange for your parts.

This is way better than the tax authority angle.

[Bill Douglas]

Originally Posted by wayner

Does he have a signed work order?

If not, call the police and get them to accompany you to pick up your parts that he is holding.

And show the police your paperwork. With a bit of luck they may say to him "Give the client his car body parts back painted - as per the agreement, or we may start looking further into what you have been up to."

In this country we have a law called "Theft by retention." I'm sure you guys have the same. This applies in this situation.