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Replacing the transmission doesn't end car's problems

By NANCY PARADIS, Times Action Columnist
© St. Petersburg Times
published August 4, 2002

On April 18, I had my car towed to Cottman Transmission in New Port Richey. Later that day, "Mark" called to tell me he would have to take the transmission apart to see what the problem was. I phoned my husband and then called Mark back to okay the $395 diagnostic work.

The next day Mark called to say it would cost $2,400 to replace the transmission. I consulted my husband, and we agreed to have the work done. I asked about paying in three or four installments and mailed $700 to New Port Richey Cottman on April 21, followed by $375 on April 28 and $375 on May 10. We decided to not pay the balance until the car was finished.

On May 23, Mark told us the car was ready except for a free 21-point check and that we could pick it up the next day.

On May 24, my husband called to verify the directions for someone from the shop to come and get us. He did not work that day, losing about $200 in wages. We were supposed to be picked up after 4:45 p.m., but an hour before then, Mark called to say something was wrong with the car.

I reminded him that the day before he had said the car was fine and running strong. He said he did not know what had happened but the car was not running in drive. He let slip that the car was doing things no one had seen before and asked if I knew that an electrical problem could make it seem that a new transmission was necessary. I asked why he had replaced the transmission in that case. He did not respond.

The car was declared ready May 30, and my husband took the day off. We were supposed to be picked up by someone from Cottman after 4:45 p.m., but at 3:46 p.m. Mark phoned to say the car needed a solenoid and was not ready. I lost my temper and asked for the owner's phone number. Mark would not give it to me, saying I had to deal with him.

I asked him about getting a rental, but he just laughed and said Cottman doesn't do that. I hung up on him. I have since tried to get Cottman to send receipts for the work it has done, but I have not received them. I still don't have my car. Michelle Hess-Chrisley

Response: Michael Passarella, owner of Cottman Transmission in Largo, said that when your vehicle was towed to the shop, it would not move. The transmission fluid was burned, contaminated and low, and the shifts were nonexistent. On April 17, you authorized the diagnostic work. The next day, you authorized the repairs and asked if you could make payments. Passarella said you were told this was fine.

Weeks went by with you making payments. Passarella said the transmission is fixed but your car still has an electrical problem. He said his shop has put hundreds of dollars into trying to fix the electrical problem to help you and has not been paid. You owe the shop $882.

According to Passarella, your vehicle, an Isuzu Trooper, is noted for electrical problems. He said that as far as he is concerned, you can pay Cottman the balance owed and take your vehicle to an auto electric shop to be fixed. He said the electrical problem probably burned up the transmission by continuous driving, and if it is not fixed, it will probably burn up the transmission again.

Cottman has done what it could to help you and would like to be paid in full, Passarella said. Once you pay, the car is yours. He said an Internet search of www.alldata.com, a provider of electronic diagnostic and repair information, revealed a surprising number of problems with your vehicle. His suggestion to you is to trade it in as soon as possible.

We are not car experts, but we can manage simple arithmetic. We have no work orders or invoices from either you or Cottman, so we do not know the breakdown of parts replacement, labor charges, etc. However, according to you, you were originally quoted a price of $2,400 to replace the transmission. In your handwritten letter to Action, you said the original diagnostic charge was $500. In the diary log that accompanied your letter, which you said you "e-mailed to (yourself) for documentation for court," the figure you use is $395.

Either way, it seems you were looking at a potential bill of $2,795 at minimum. You said you paid a total of $1,450, so owing an additional $882 should come as no surprise. We were surprised the amount was not higher. As for not being able to provide us with proof of payment because you used money orders, money orders generally come with carbon copies to enable the issuing company to track them if they become lost or misapplied.

Magnetic mattress refund

I am writing about a problem I am having with a company named European Health Concepts in West Palm Beach. It makes and sells magnetic mattresses and car seats. It sent invitations to promotions sales. For a lunch or dinner, all you have to do is listen to a 45-minute sales pitch.

My wife and I went to a presentation Dec. 5. After hearing about the benefits of magnetic mattresses, we thought it might help my wife's medical problems. We purchased a full-size mattress for the discounted price of $951.88. Had we not attended the meeting, it would have cost $1,398. We were told we had a 100-day trial period, after which we could return the mattress without any penalty. The mattress had to be received by the company within 110 days.

When my 100-day trial was up, I called the company and received a return shipping number. I returned the mattress on March 26, by UPS. After waiting 40 days, I decided to call the company to find out where my money was.

My first call was May 8. I spoke to a clerk named Gabriel. He scared the daylights out of me when he said there was no record of the mattress having been received. I gave him the tracking number, and after some time, he found the return and said I would get my money in two weeks. When I asked about the contract stating refunds would be made within 30 days, he replied that the company was backlogged.

Many calls and about 75 days later, I have still not received my refund. Please help. Leonard Narbut

Response: We heard from you and European Health Concepts in West Palm Beach: The refund has arrived.

-- Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, 1-800-333-7505, ext. 8171.

Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.

We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length.

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