Complaints

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• Initial Complaint

  Date:10/06/2022

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  The issue/dispute began on September 1, ******************** dispute to present. I came to Bayshore Auto to have repairs done on my RV. The ACTUAL repairs completed totaled $1,072.16. Bayshore quoted a total of $5,400.00 in reference to a determined suggestion that I needed to replace two of the automobile's three catalytic converters. I did not have enough funds to cover said quote. Bayshore insisted this needed to be done, and I had my doubts. They proceeded to order said parts in regards to the suggested repair. They also restricted me from taking my RV, which is also my home, for the weekend and then would bring said RV back when the parts came in. I got a second opinion from a trusted mechanic friend regarding Bayshore's quote of $5,400.00. I was informed that I DID NOT need the repairs that Bayshore suggested and was informed that said ACTUAL repair could be done for $3,000.00 less. When I returned to Bayshore to rescind their quote, they penalized me with their return policy saying that the parts were "special order" and I would be charged a $775.20 restocking fee and a $250.00 freight fee and that I would have to pay the full $5,400.00 that included work that had not even been completed and that said amount could only be paid in cash. I warned my mother, whose credit card was on file, what they were seeking to do, and she would not permit said amount to be processed. After some research, I discovered that these parts were "stock" on 6 different supply sites and not "special order." The quote was later amended to $1,912.81 still including the restocking and freight fee. When I contested their unlawful business practices, they called the police and trespassed me. I have attempted to suffice the actual cost ($1,072.16) of the repairs numerous times but to no avail. If they will equitably accept the payment for the work COMPLETED this matter could be settled easily. I have done equity and they remain in dishonor.

  Business Response

  Date: 10/08/2022

  Unfortunately the story goes a bit differently from our side. We have our attorneys taking care of it now so its out of our hands so we are unable to respond to this matter until the complaint at this time. 

  Customer Answer

  Date: 10/12/2022

  Complaint: 18180201
  
  I am rejecting this response because:

  Since the ******* of this matter I have made several attempts to see equity done, but to no avail.  
  
  
  According to UCC 3-603(b), the following is stated in regards to refusal of payment:
  
  
  (b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.
  
  
  I am well informed of the law that gives me standing to contest this matter of dispute. 
  
  
  These act(s) and/or Laws of the ***************, prohibit the action(s) of Bayshore Auto Repair:
  
  
  The Unlawful Trade Practices Act which states:
  
  
   - knowingly taking advantage of a customers physical infirmity, ignorance, or illiteracy; 
   - knowingly permitting a customer to enter into a transaction from which the customer will derive no material benefit; 
   - permitting a customer to enter into a transaction with knowledge that the customer will not have a reasonable probability of paying the financial obligation when due. 
   - causing confusion or misunderstanding on the source, approval, affiliations, or ties of a particular good, or service; 
   - misrepresenting the characteristics, ingredients, uses, benefits, quantities, or qualities or real estate, goods or services; 
   - making false or misleading representations of fact about the real estate, goods, or services of the customer or another; 
   - misrepresenting the credit availability or nature of transaction or obligation incurred by the customer; 
   - advertising real estate, goods, or services with the intent to not provide the items advertised;
  
  According to Chapter 133, HB ****, Relating to requirements for customer authorization of motor vehicle ***********************; creating **************; and amending ORS *******, Section(s) 3 & 4 state the following: 
  
  (1) A vehicle repair shop may not: 
  a)  Charge a person for work not performed on a motor vehicle even if the work is shown on an estimate for which the vehicle repair shop has obtained an authorization from the owner or the owners designee. (emphasis added).
  
  In the initial conversations and negotiations with an employee of Bayshore, ***************************, when I inquired if I could take my ** for the weekend and bring it back on Monday to have the necessary repairs, I was told that my ** was not drive-able.  Let it be stated for the record that I drove my ** to Bayshore.  Employees of Bayshore also attempted to convince me, in regards to the recommendation of replacement of catalytic converters, that were would be an issue of clogging from emissions.  I made it clear, by and through information in accordance with the regulations of Coos and ******* County that there are no emissions testing required, not to mention that for 95% of the time, the ** would be parked.  Had Bayshore been integral and honest from the beginning, I would have gladly returned with my ** to have them perform the work quoted.  However, once I had the feeling that they were trying convince or sell me things that werent necessary, I knew it was time to take my business elsewhere.
  
  
  It is my belief that the employees of Bayshore conjured a way to entrap me into this current matter of dispute with the hopes of the ability to prey upon their assumed lack of my knowledge.  However, after doing my due diligence, I was able to confirm the grand majority of what they were offering was not necessary or applicable in this matter.
  
  
  Just because a business constructs contracts and policies and puts it on a piece of paper does not give said contracts and policies jurisdiction over the ACTUAL law.  If a contract or policy damages or injures a customer/patron, then said contracts and/or policies can be deemed unconscionable and no court will be bound to enforce it.
  
  
  It is my hope that facts and justice will prevail. 
  
  Sincerely,
  
  ***********************

  Business Response

  Date: 11/01/2022

  CUSTOMER CAME IN ON 9/1/22 FOR HER SCHEDULED APPOINTMENT. ****** HAD SEVERAL ISSUE GOING ON WITH HER VEHICLE, WE QUOTED ****** $600 JUST TO HAVE SOMETHING QUOTED IN THE SYSTEM. CUSTOMER SAID THAT WAS A LOT OF MONEY AND SHE WOULD NEED TO SPEAK WITH THE PERSON PAYING FOR THE WORK. CUSTOMER STEPPED OUT AND SPOKE WITH HER MOTHER. KRYSTA CAME BACK IN 5MINS LATER AND AUTHORIZED ** TO DIAGNOSIS/WORK ON HER VEHICLE. 
  CUSTOMER CAME BACK LATER IN THE *** AROUND 2:30 OR SO AND WANTED TO KNOW WHERE WE WERE WITH HER VEHICLE. ****** WAS ADVISED THE **** WAS DONE DIAGNOSING ALL THE CONCERNS SHE HAD WITH HER VAN AND WE WERE BUILDING A QUOTE FOR THE REPAIRS. KRYSTA WAS QUOTED $5400 FOR ALL THE REPAIRS NEEDED FOR HER VEHICLE THAT SHE REQUESTED WE LOOK AT. ****** STEPPED OUT AND SPOKE WITH HER MOTHER AGAIN, ****** CAME BACK IN AND APPROVED THE WORK FOR $5400, AND HER MOTHER GAVE ** HER CREDIT CARD NUMBER OVER THE ****** ****** EXPRESSED CONCERN THAT WE WOULD HAVE HER VEHICLE FOR A FEW ***S AS SHE WAS GOING TO BE LIVING IN HER VAN AND WANTED IT BACK ASAP. WE EXPLAINED WE WOULD EXPIDITE THE PARTS BUT THE CATALYTIC CONVERTERS WERE A FACTORY ORDER. CUSTOMER WANTED ** TO GIVE HER A RIDE HOME BACK TO ************** BUT WE WERE UNABLE TO AS WE WERE SHORT STAFFED THAT ***. CUSTOMER TOOK A CAB HOME. WE ORDERED ALL THE PARTS NEEDED AND HAD THE CATALYTIC CONVERTERS SHIPPED NEXT *** AIR AS THE **** WAS GOING TO COME IN OVER THE WEEKEND AND COMPLETE THE REPAIRS TO GET KRYSTA BACK ON THE ***** HOWEVER DUE TO THE HOLI*** THE PARTS WE NOT GOING TO ARRIVE TILL TUES*** THE 6TH. THE **** BEGAN WORKING ON ******'S VAN THAT THURS*** AFTERNOON 9/1/22. THE **** CONTINUED WORKING ON THE VEHICLE THRU THE END OF FRI*** THE 2ND. 
  
  CUSTOMER CAME BACK IN TUES*** MORNING 9/6/22 ABOUT 9AM AFTER WORK WAS APPROVED FOR $5400 ON 9/1/22 @ 3:22PM BY ****** AND HER MOM (CARD HOLDER, PAYEE) AND MOM GAVE ** HER CREDIT CARD NUMBER TO PAY FOR THE REPAIRS. ****** DEMANDED WE STOP WORK ON HER VAN, VERY ****IFICALLY THE CATALYTIC CONVERTER. WE EXPLAINED ALL THE WORK WAS COMPLETED EXCEPT THAT THE WINDOW WAS HALF APART AND THAT WE HAVENT REMOVED ANY OF THE EXHAUST AS THE CATALYTIC CONVERTER WAS SET TO ARRIVE TO***. CUSTOMER STATED SHE WANTED AN ESTIMATE FOR WHAT EVERYTHING WAS GOING TO COST HER AT THIS POINT. I ADVISED CUSTOMER WE WOULD NEED AN HOUR TO FINISH *********************** WE WERE IN THE MIDDLE OF AND SHE WAS OK WITH THAT SO I TOLD HER ** ABOUT 1 HOUR.
  **** DID HAVE TO WELD TEST HOLE ** IN THE EXHAUST THAT ALLOWED ** TO CONFIRM IT WAS IN FACT PLUGGED CONVERTERS CAUSING THE RUNNING ISSUES. THE CATALYTIC CONVERTERS WERE SET TO ARRIVE 9/6/22 AROUND 10 AM AS THEY WERE ****IAL ORDERED FROM MANUFACTURER (AN EXPEDITED PER CUSTOMER REQUEST) AS THEY WERE ********** EMISSION COMPLIANT DUE TO VEHICLES EMISSIONS STANDARDS BEING **********. REGARDLESS OF WHERE VEHICLE RESIDES THE *** STATES VERY CLEAR IF A VEHICLE IS ********** EMISSIONS WE MUST PUT ********** STANDARD EMISSION PARTS BACK ON THE VEHICLE. 
  WHEN THE CUSTOMER RETURNED I ADVISED CUSTOMER WE DONT DO RETURNS ON ****IAL/FACTORY ORDER ITEMS AND POINTED OUT OUR SIGN STATING "NO RETURNS ON ****IAL ORDER ITEMS". CUSTOMER STATES SHE WAS NEVER TOLD IT WAS A ****IAL ORDER ITEM. I EXPLAINED TO THE CUSTOMER THAT **** TOLD HER IT WAS ****IAL ORDER WHICH IS WHY IT WAS GOING TO TAKE EXTRA TIME TO GET HERE. I ALSO STATED THAT WHEN A CUSTOMER AGREES TO A JOB AND GIVES UP A CREDIT CARD NUMBER VIA OVER THE ***** (BY HER MOM) FOR PAYMENT IN FULL WE DONT EXPECT THEM TO CANCEL MID JOB THE WAY SHE DID AS INSTALLED PARTS ARE NONRETURNABLE. 
  CUSTOMER STATED SHE COULD GET A CONVERTER FOR CHEAPER ALL OVER THE INTERNET AND THAT WE WERE RIPPING HER OFF. I EXPLAINED SHE HAS ********** EMISSION AND BY LAW WE CANT REPLACE HER CATALYTIC CONVERTERS WITH NON-********** EMISSIONS OR WE CAN BE FINED.
  
  I AS MANAGER ADVISED CUSTOMER THAT SHE WILL BE RESPONSIBLE FOR THE SHIPPING OF $250, AND AS A COURTESY ALLOW A RETURN ON A **** ORDER AND PAY A RETURN FEE OF $775.20 WHICH IS 20% OF $3876.95 (ITEM LIST FOR $5581.90) THAT WAS OUT OF GOOD FAITH. THERE ARE NO EXCEPTIONS TO THE **** ORDER RETURN FEE AS WE ARE ALREADY MAKING AN EXCEPTION OF DOING THE RETURN.
  CUSTOMER MUST PAY CASH ONLY AS SHE THREATEN TO DO A REVERSE CHARGE (CHARGE BACK) WITH THE ***** CUSTOMER BECAME EXTREMELY UNREASONABLE AND BECAME DISRUPTIVE IN FRONT OF MORE CUSTOMERS. CUSTOMER STARTED TAKING PHOTOS OF ME AND CUSTOMER NAMES AND ADDRESS THAT WERE ON THE COUNTER IN FRONT OF ME, THEN STOMPED OUT AND REFUSED TO STOP WHEN I ASKED HER TO DELETE THE PHOTOS SHE TOOK AS SHE CANT BE TAKING PHOTOS OF PEOPLES INFO. I CONFRONTED HER AT THE DOOR AND SHE TOLD ME SHE WOULD USE ANY MEANS NECESSARY TO PROTECT HERSELF.
  I CALLED ******** POLICE TO INTERVEIN AND STATED I WOULD LIKE HER TRESPASSED FROM THE PROPERTY EXCEPT TO PAY AND PICK UP HER VEHICLE. OFFICER WHO MADE CONTACT WAS *************************. AFTER WE SPOKE OFFICER ******** WAS THEN GOING TO CONTACT CUSTOMER AND ADVISE HER SHE IS ONLY ALLOWED ON PROPERTY TO PAY HER BILL AND PICK UP VEHICLE AND THAT SHE WILL BE BILLED PER A *** STORAGE FEE UNTIL PICKED UP.
  
  9/16/22 CUSTOMER CALLED AND SPOKE TO ****, STATED SHE WANTED TO KNOW WHERE HER VEHICLE IS AND DEMANDED PHOTOS AT THE REQUEST OF HER ATTORNEY. **** EXPLAINED THE VEHICLE WAS IN THE **** AND WAS SAFE. **** EXPLAINED TO HER THAT WE ARE NOT GOING TO SEND HER PHOTOS OF THE VEHICLE PER MY REQUEST AS I WAS OUT FOR MOST THE ***.
  
  I CALLED AND SPOKE TO KRYSTA ON 9/16/22 ABOUT 12:30PM FROM HOME AND EXPLAINED TO HER THAT WE ARE NOT GOING TO SEND PHOTOS OF HER VEHICLE AS WE ARE NOT GOING TO PLAY GAMES AND THAT SHE WILL NOT HAVE ACCESS TO IT. I ALSO STATED IF SHE IS CONCERNED SHE CAN CONTACT ******** POLICE AS THEY ARE COMPLETELY AWARE OF THE SITUATION. I EXPLAINED TO KRYSTA THAT SHE IS NOT WELCOME ON BAYSHORE AUTO REPAIRS PROPERTY UNLESS SHE IS PAYING HER BILL BY CASH AND PICKING IT UP OTHER WISE SHE WILL BE ARRESTED FOR TRESPASSING. I ALSO EXPLAINED TO CUSTOMER THAT SHE IS GETTING BILLED $25 A *** STORAGE FEE FOR HER VEHICLE BEING HERE STARTING 9/7/22 THE *** SHE WANTED ** TO STOP WORK AND WHEN SHE STATED SHE NEEDED ACCESS TO HER VAN TO GET CASH TOP PAY ** (WHICH SHE NEVER PAID **). I EXPLAINED I WOULD BE WILLING TO CUT THAT STORAGE FEE DOWN TO $5 A *** OUT OF GOOD FAITH SO SHE COULD AFFORD TO COME GET HER VEHICLE. CUSTOMER BECAME EXTREMELY HOSTILE AND HUNG UP ON ME SHORTLY THERE AFTER. 
  
  I MADE CONTACT AGAIN WITH ******** POLICE AT ABOUT 12:45PM ON 9/16/22 AND UPDATED THEM ON THE SITUATION. THEY STATED TO CALL IF SHE COMES ON PROPERTY AND THEY WOULD REMOVE HER
  
  I WAS CONTACTED BY CBPD (I MISSED THE SERGEANT NAME) AND WAS TOLD *********************** WAS TRYING TO FILE A STOLEN VEHICLE REPORT IN REGARDS TO HER VAN. THE SERGEANT STATED SHE HAD CALLED 3 TIMES PREVIOUSLY ATTEMPTING TO DO SO AND CBPD REFUSED TO FILE A STOLEN VEHICLE REPORT AS THEY KNEW THE VEHICLE WAS NOT STOLEN.  THE SERGEANT STATED CBPD HAS NO FURTHER INTEREST IN THIS MATTER UNLESS KRYSTA TRESPASSES ON THE PROPERTY OF BAYSHORE AUTO REPAIR.

  OUR ATTONERY REACHED OUT TO KRYSTA AND MADE HER AN OFFER TO PICK UP HER VEHICLE AT A DISCOUNTED PRICE OF $1400.00

  KRYSTA CALLED TO SET UP APPT TO PAY HER BILL AND PICK UP HER VEHICLE 10/23/22. I RETURNED HER CALL ON 10/24/22 AND SET UP FOR 10/28/22 @ 2PM. 

  
  

  Customer Answer

  Date: 11/05/2022

  Complaint: 18180201
  
  I am rejecting this response because:

  Please see and refer to the attached document entitled "SIGNED RESPONSE TO BAYSHORE *******" as any and all responses and rebuttals to Bayshore's 11/1/2022 response are included therein.

  Sincerely,
  
  ***********************