|
Update BAR filing against MM
I posted this back in January, what follows after this is an update.
"I am preparing to file against MM legally, and every other possible avenue. I paid around $8,000 and the motor failed with less than 2,000 miles on it. I had another PM tear it apart and there were obvious fraudulent claims and misrepresentations. I don't want to hurt my chances, so that's all I can say for now. However, I will keep this forum, and every other one apprised when appropriate."
Here is the update::
Well I filed with the Bureau of Automotive Repair in Sacramento on Jan 22, 2007. I received a letter on Feb 2, 2007 that my case is transferred to El Monte. The letter stated that “my representative” will contact me when the inquiry is initiated. I didn’t hear anything so I called on April 9th, 2007. After a little phone tag, I spoke with “my representative” today. He had not looked at my file until I called two days ago. He said he would not have been able to look at it for another few weeks.
Here’s the bottom line. The Bureau can do nothing for a complaint about poor quality or incompetence. Nothing. He said there are no rules or laws dealing with incompetence or inferior work product for engine rebuilding or repair. Yes, some for transmissions, air conditioning, and a couple of others, but nothing for engines. Unless I can show that my contract said something or included something that wasn’t done, or wasn’t included, they can do nothing. And, “my rep” said, he doubts if the head office would bother to do anything even if I could prove something, because the state attorneys assigned to the bureau won’t prosecute unless it is an open and shut case. Not just my mechanics word against the defendant. Astonishingly, (after I asked) he said that the bureau wouldn’t proceed against a mechanic who repaired brakes and the people were killed because the brakes failed. That would be entirely a civil matter between the people whose brakes failed and the mechanic. Amazing, simply amazing.
So it is completely up to me to file a lawsuit, and according to various attorneys I spoke with, they seem to think it wouldn’t do any good. Again, unless I can prove fraud or some other legal wrong doing, forget about it. The fact that this engine builder was completely incompetent, or does inferior work, or just plain stupid, doesn’t matter. The fact that this isn’t the first time doesn’t matter.
There are no official fillings against MM because they never get that far. He did say this isn’t the first time, and he did say he’s looking at a couple of other complaints, but he also said they probably won’t go anywhere either, because they can’t prove fraud, only incompetency, and that apparently is not punishable by state rules, regs, or laws.
I don’t know what I’m going to do next, if anything
Just thought you should know . . .
|