Welder Dave
Senior Member
There's a few places around Edmonton that could have used engines. I wonder if an engine was found if the sale could be dependent on having the engine checked out at a shop with a test stand or a dyno?
-
Thank you for visiting HeavyEquipmentForums.com! Our objective is to provide industry professionals a place to gather to exchange questions, answers and ideas. We welcome you to register using the "Register" icon at the top of the page. We'd appreciate any help you can offer in spreading the word of our new site. The more members that join, the bigger resource for all to enjoy. Thank you!
Truck heating up
- Thread starter suladas
- Start date
Welder Dave
Senior Member
I had a letter written by a lawyer. It cost $500. Small claims is up to $10,000 and you can do yourself if fully prepared. The big issue for me is the shop never received a signed work order or any other consent to go ahead. I think a lawyer would inform them they don't have a good chance of success. A letter with the lawyers letterhead carries more weight than one from an individual. It doesn't mean you're going to proceed to court but can definitely tell the other party you're serious. I can see this shop going to a lawyer and the 1st question is, Did you have a signed work order? No, then you have a (big) problem. An honest (I know not many) lawyer would tell them their chances and the OP's if it hypothetically went to court. A sleazy lawyer might string the shop along to get more money. A consultation is free and a letter is about $500 if the lawyer says you have good case. It's worth $500 to me to see how the shop responds. They might want to work something out that's agreeable to both parties.
63 caveman
Senior Member
If you think mechanics are sleazy wait till you start dealing with lawyers.
Don't think i'm going to have any luck with used, called around and not only does no one have one, they have others calling looking for one too. There is some in the states but I think with exchange and freight it's just way too expensive and it's even more of a gamble paying for it without seeing it.
Welder Dave
Senior Member
There are lawyers that will give you good advice on your options the same as there are good mechanics that will do the same. I don't think you'll be able to work something out with the shop by yourself. Get a free consultation and if the lawyer thinks the shop clearly screwed up, see what it would cost to send a letter to the shop to try and come to an amicable agreement. Then you will at least know the shops position. His word against yours could drag on forever. A letter from a lawyer could make the shop realize they don't have a leg to stand on. It's also possible that the shop taking it apart without a signed work order is clearly in the wrong and has no defence. You could also have a very good case for destruction of property. I think without some legal advice you're going to drive yourself crazy wondering what to do and second guessing yourself. A consultation is free.
Took a few pics of the truck. Aside from the head, turbo, air compressor, exhaust manifold, valve covers, injector lines, jakes, thermostat housing, is there any items i'm missing from the engine? I wonder how hard it would be hard to get those other things? As for other stuff like rad, overflow tank, fan, grill, alternator, power steering tank, I can't imagine would be hard or expensive to get. If I went with a full rebuild, would another shop have an issue taking over from this point I wonder?
Last edited:
So here's my question. Why do people ask for advise and then completely ignore it? See this on this and other forums; "hey I have a small engine problem what should I do?" "ok I didn't do that and now it's worse, what do I do now?" This is why forums burn out, the good people get burned out doing it over and over for nothing gained. You got the advise, you chose otherwise. Stop asking for people to justify your decisions. You want to be a hard ass to teach this guy a lesson? Why? This whole thread is clear you need to learn a lesson too, stop insisting you're right, especially when you are out of your depth. Smart people aren't smart because they know everything, they're smart because they take the advice of experts they hired.
92U 3406
Senior Member
Not impressed by that guy's effort into contamination control. No caps/plugs on any of the lines. At a bare minumum at least zip tie a bag over them to keep the crap out.
Welder Dave
Senior Member
Have to agree with Zewnten for the most part. Why are you afraid to get a FREE consultation with a lawyer? On the advice of a lawyer wouldn't it be worth $500 to see what the shops defence is to taking your truck apart without your consent? Is there something you've left out and think it makes you in the wrong? Going by what you've said in this thread, the guy butchered your truck and now you're looking at buying back parts that I don't think he can legally keep. If he thinks you owe him money he can sue you, not take your truck apart and keep key components. What if there was a freak blizzard and snow and water got into everything because he shoved it outside without properly caping and covering it. Never thought there'd be another thread like the D6C one but this one is sure going in that direction. Quit second guessing yourself and get a professional opinion on your best options.
Well he is dumber then I thought, figured i'd pull title today after getting his invoice in the mail for $11,600+GST and there is a garage keepers lien, but the best part? He put on the lien he released the vehicle to me! He actually put in proof he is not entitled to a lien because he didn't retain possession, unless he plans to forge my signature on a work order.
I spoke to a lawyer who i've used in the past, his recommendation was if i'm ok with it as is just let it be and if he sues me deal with it then, even if I feel like he owes me a few grand right now it's not worth the effort trying to go after it, but document and take pictures of everything I do, in case it does go further. As far as sending a letter his advice was he could, but depending on the person most people will pretty much ignore the letter and not care. However this was before I found out about the lien. So now there is a clock, he has 6 months to try and enforce the lien, but if i'm fixing the truck i'm not going to sit around waiting, I want to get the lien removed asap.
His defense is he did have consent and he told me the head had to come off. So that's why I think a letter is a waste of time. He's also changing his story, his defense for the frame repair was he told me he had to tear it apart to access it before he started. His story is changing to try and cover his a$$ and show he did nothing wrong.
Nope i've left nothing out i've been totally honest cause I wanted an objective opinion and i've got nothing to hide.
I do believe his opinion on any damage after it's outside would be "I gave it back to you, so it's your problem".
I spoke to a lawyer who i've used in the past, his recommendation was if i'm ok with it as is just let it be and if he sues me deal with it then, even if I feel like he owes me a few grand right now it's not worth the effort trying to go after it, but document and take pictures of everything I do, in case it does go further. As far as sending a letter his advice was he could, but depending on the person most people will pretty much ignore the letter and not care. However this was before I found out about the lien. So now there is a clock, he has 6 months to try and enforce the lien, but if i'm fixing the truck i'm not going to sit around waiting, I want to get the lien removed asap.
His defense is he did have consent and he told me the head had to come off. So that's why I think a letter is a waste of time. He's also changing his story, his defense for the frame repair was he told me he had to tear it apart to access it before he started. His story is changing to try and cover his a$$ and show he did nothing wrong.
Nope i've left nothing out i've been totally honest cause I wanted an objective opinion and i've got nothing to hide.
I do believe his opinion on any damage after it's outside would be "I gave it back to you, so it's your problem".
As far as the truck i'm going to call a few shops next week and see if they would take it over, and get an idea on pricing. If the aftermarket parts i'm seeing online are quality, the pricing shouldn't be bad to just buy new loaded head, turbo, etc. I'm sure the misc non engine parts I can get from a wrecker for pennies. Stuff like fan, alternator, compressor etc I might just be better off with rebuilt/new.
cfherrman
Senior Member
If you sent a letter from your lawyer, it can cause people to either no longer talk to you and only talk through lawyers (expensive) or cause them to lawyer up. It can be an expensive gamble.
Get a pad and a ped, go back through this thread and write down what you said and when, you probably have a good "logbook" of info, combine that with any call times and any times you recommend talking to him in person and your recollection of what was said in those conversations.
Do this now.
If he claims he talked to you at this date and there's no proof and it's a he said she said moment, your log book of conversations backed up by your advice requests online will be very helpful.
If you get your lawyer involved with the title lean, your lawyer does have to ethically go "scorched earth" towards the mechanic, and should try to get your parts back or even destruction of property, which I think is doubtful to get, so you could threat that he just removes the lean and you walk away or you go after the lean and you will want money, and possibly sanctions, doubt you get sanctions though.
Get a pad and a ped, go back through this thread and write down what you said and when, you probably have a good "logbook" of info, combine that with any call times and any times you recommend talking to him in person and your recollection of what was said in those conversations.
Do this now.
If he claims he talked to you at this date and there's no proof and it's a he said she said moment, your log book of conversations backed up by your advice requests online will be very helpful.
If you get your lawyer involved with the title lean, your lawyer does have to ethically go "scorched earth" towards the mechanic, and should try to get your parts back or even destruction of property, which I think is doubtful to get, so you could threat that he just removes the lean and you walk away or you go after the lean and you will want money, and possibly sanctions, doubt you get sanctions though.
Welder Dave
Senior Member
They have already started court proceedings with the lien so I think a letter is in order. You should reply to the lien so a letter from your lawyer is the best way. The shop might think you're worried but you could turn the table where they're the worried ones. Even giving back your parts is worth a few thousand bucks.
I've been through something a little similar on a used truck I bought that claimed new brakes but the only thing new was the pads. The drums were 110% worn and 1 actually split. The seller had a commercial vehicle inspection done but the shop never pulled any wheels. Funny thing is it was a 3 ton truck so didn't need the inspection. A lawyer I had dealt with in the past suggested a student lawyer to keep costs down. Anyway a letter was sent to the seller and the shop. The seller had a lawyer from a big law firm ($$$$). Had a meeting at the court house. Everybody was wondering what was in the box I took in on a dolly. The shop owners jaw dropped when I opened it and pulled out the split brake drum. It was settled out of court pretty quick and cost me about $600. I got about $1850 back of the the $2200 I spent. The owner of the brake shop that fixed it was a friend of mine and would have gone to court no problem. The expensive lawyer was trying her hardest but the shop who didn't have a lawyer knew their inspection license was on the line. They took the sellers word the brakes were all new. I think I could have got even more of my money back but I got the bulk of it back and was OK with that.
The thing with sending a letter from a lawyer is it says you're not fooling around. The shop may ignore it. That's why it has to include the term, "Time is of the essence". The shop will have no idea if you'll go any further or not but there is a good possibilty they will look back on what they might have done wrong such as proceeding without a signed work order or alternately a text or e-mail authorizing them to proceed. Claiming they had a verbal go ahead isn't going to cut it under any circumstances in this day and age. If they consult a lawyer will cost them. If the letter from your lawyer points out there was no authorization to proceed, their lawyer may advise them to try and come to a resolution. Even if they made up some sob story, there's a good chance their lawyer would advise them without authorization they don't have much of a defence. You have to realize a lawyer is going to cost them money too. To file in small claims court (up to 10K) I think is still $25 and you can represent yourself. You can also have your mechanic foreman as a witness. They don't have to know you're representing yourself or your witness is a friend. The fact you have a witness might make them further wonder what how strong or weak their defense is. Even then if it can't be settled there could be a mediator suggested. If that's a no there will still be a pre trial meeting with a judge where both parties "Lay their cards on the table". I did this in a wrongful dismissal by myself. The other side had an ambulance chaser lawyer at the meeting. Interesting that just before the court date, the other side applied to have the court date moved back because their lawyer abruptly quit. I won in court and the judge had an issue with their lawyer quitting at the last minute. I just think that with the amounts involved a letter wouldn't be a bad thing. Still think there's cause for destruction of property. Even in small claims you could go for the maximum and have this to make your chances even better. If it was me I'd send the letter and see if I got a response. I think you probably would considering they're trying to put a lien on the truck. If you don't hear back it only costs $25 to file a statement of claim. Then they might take it more seriously and would have to file a statement of defense. If they ignore that you could get a summary judgement just by showing up on the court date. Them trying to put a lien on the truck is their way of threating you they'll take you to court. Put the ball back in their court. They might re-evaluate their position. Nothing in writing authorizing them to proceed is a BIG DEAL for them.
I hate seeing people get screwed around. Shady people or shops get away with and keep doing it to more people. Time to put a stop to it. They kind of did here with unscrupulous used car dealers years ago.
I've been through something a little similar on a used truck I bought that claimed new brakes but the only thing new was the pads. The drums were 110% worn and 1 actually split. The seller had a commercial vehicle inspection done but the shop never pulled any wheels. Funny thing is it was a 3 ton truck so didn't need the inspection. A lawyer I had dealt with in the past suggested a student lawyer to keep costs down. Anyway a letter was sent to the seller and the shop. The seller had a lawyer from a big law firm ($$$$). Had a meeting at the court house. Everybody was wondering what was in the box I took in on a dolly. The shop owners jaw dropped when I opened it and pulled out the split brake drum. It was settled out of court pretty quick and cost me about $600. I got about $1850 back of the the $2200 I spent. The owner of the brake shop that fixed it was a friend of mine and would have gone to court no problem. The expensive lawyer was trying her hardest but the shop who didn't have a lawyer knew their inspection license was on the line. They took the sellers word the brakes were all new. I think I could have got even more of my money back but I got the bulk of it back and was OK with that.
The thing with sending a letter from a lawyer is it says you're not fooling around. The shop may ignore it. That's why it has to include the term, "Time is of the essence". The shop will have no idea if you'll go any further or not but there is a good possibilty they will look back on what they might have done wrong such as proceeding without a signed work order or alternately a text or e-mail authorizing them to proceed. Claiming they had a verbal go ahead isn't going to cut it under any circumstances in this day and age. If they consult a lawyer will cost them. If the letter from your lawyer points out there was no authorization to proceed, their lawyer may advise them to try and come to a resolution. Even if they made up some sob story, there's a good chance their lawyer would advise them without authorization they don't have much of a defence. You have to realize a lawyer is going to cost them money too. To file in small claims court (up to 10K) I think is still $25 and you can represent yourself. You can also have your mechanic foreman as a witness. They don't have to know you're representing yourself or your witness is a friend. The fact you have a witness might make them further wonder what how strong or weak their defense is. Even then if it can't be settled there could be a mediator suggested. If that's a no there will still be a pre trial meeting with a judge where both parties "Lay their cards on the table". I did this in a wrongful dismissal by myself. The other side had an ambulance chaser lawyer at the meeting. Interesting that just before the court date, the other side applied to have the court date moved back because their lawyer abruptly quit. I won in court and the judge had an issue with their lawyer quitting at the last minute. I just think that with the amounts involved a letter wouldn't be a bad thing. Still think there's cause for destruction of property. Even in small claims you could go for the maximum and have this to make your chances even better. If it was me I'd send the letter and see if I got a response. I think you probably would considering they're trying to put a lien on the truck. If you don't hear back it only costs $25 to file a statement of claim. Then they might take it more seriously and would have to file a statement of defense. If they ignore that you could get a summary judgement just by showing up on the court date. Them trying to put a lien on the truck is their way of threating you they'll take you to court. Put the ball back in their court. They might re-evaluate their position. Nothing in writing authorizing them to proceed is a BIG DEAL for them.
I hate seeing people get screwed around. Shady people or shops get away with and keep doing it to more people. Time to put a stop to it. They kind of did here with unscrupulous used car dealers years ago.
Last edited: