Action: Get written estimate for repairs

We were recently overcharged for labor at an auto dealership we took our car to for repairs. The labor charge for 21/2 hours was $304.95. After we complained, the service manager posted a credit on the invoice of $64.24.

We were still not satisfied and sent a letter to the president of this dealership. The following Monday, a man called who said he was the new service manager and that he was not going to send us any refund for the overcharge. The conversation then got hot, and he hung up. Please help me get some of our money back. Alvera Kulikowski

Response: Your only hope for a refund depends on the answer to the following question: Did you get an estimate of what your repairs were going to be? Under the Florida Motor Vehicle Repair Act, if your repairs are more than $100, the repair shop must give you the option of:

1. Getting a written estimate.

2. Being notified if the repairs will exceed the amount you specified.

3. Not requesting a written estimate.

You must sign and date one of the above options. Which option did you select?

It is always best to get a written estimate. This can help eliminate unpleasant surprises when it's time to pay up. You cannot be forced to waive this right. Make sure you get a copy of the estimate and give the shop a number where you can be reached. The shop must get your permission before going over the estimated cost of repairs by $10 or 10 percent, whichever is greater. Let the shop know you expect to approve any charges above the estimated bill.

You may cancel the repairs if the final price exceeds the estimate. In this case, the shop must reassemble your vehicle, unless it is unsafe to drive. Note that you may be charged for tear down and reassembly only if such a charge was included on the estimate.

With regard to your situation, if you waived your right to a written estimate, then you're out of luck. Some repair shops charge a flat hourly fee. Some, apparently like this one, charge by the job, assigning each repair an average time and price. You pay the set rate regardless of the time it takes.

If you had gotten a written estimate and requested notification of any price increase, and the shop didn't notify you, then you could have canceled the repairs. Obviously, it's too late now.

However, if the shop did not give you one of the above three options and you did not sign and date it, then the shop did not comply with the law. In that case, contact your local consumer protection agency or call the Florida Department of Agriculture and Consumer Services at (800) 435-7352.

More information on the Florida Motor Vehicle Repair Act is available at the Florida Department of Agriculture's Web site: http://www.800helpfla.com. Click on publications and then "Auto Repair: Be a Winner." For a copy of this publication, call the number above.

Expensive cancellation

On Sept. 14, I contacted a travel agency to inquire about the availability of a trip for two to Dubai, United Arab Emirates. The agency had a trip scheduled in March for $3,219. I was asked for my credit card number.

The following day, I called and asked if I could upgrade the air travel. I was informed that I could, at an additional cost of $3,000 each. My wife and I discussed this and decided the trip was too expensive. On Sept. 18, I contacted the agency and said we wanted to cancel. I was told there might be a problem but that the agency would work on it. On Sept. 20, I received a form to complete agreeing to terms. I heard nothing more until I received my credit card statement and saw I was charged $1,000. I called the agency, which said I was liable for that amount and nothing could be done.

I accepted this, realizing I should not have been so quick in giving my credit card number. But upon reading the brochure again, I read where it says a "$500 per person nonrefundable deposit is required within five days and the deposit must be in cash or personal check only." Since I did not sign any papers or pay by check or cash, am I still obligated to pay $1,000? Finley Deatcher

Response: We suggest you contact your credit card company immediately, by phone and in writing, to have the amount put in dispute. Giving your credit card number certainly suggests that you authorized the reservation. Point out, however, that you only received written notification of the cancellation policy after the fact, and that your deposit was made by credit card, not the requested check or cash. We also suggest that you file a complaint with the Department of Agriculture and Consumer Services. Call (800) 435-7352.

Your situation is a good reminder to always inquire about the terms and conditions, including the cancellation policy, before making a deposit on a reservation.

Reaction

Early in June, I received a refund check from Cigna. My handbag containing this check was stolen on June 10. I called Cigna and reported the theft and requested that a stop payment be put on the check and a duplicate issued. The young woman with whom I spoke did not know how to handle this but said she would look into it and return my call. When she didn't, I called again and spoke with another woman, who informed me that she would take care of it. When I received neither a check nor a phone call, I wrote to you and Cigna on Aug. 4.

This is to let you know that you have worked wonders. I have now received not one but two refund replacement checks from Cigna HealthCare of Florida. Thanks a million, or at least $181.27 times two. I think I'll wait to see how long it takes Cigna to realize the duplication. Carolyn Burrows

Response: Oh, we know it would be fun to wait for Cigna to catch up with its error, but why don't you go ahead and return one of the (voided) checks? We suspect that your request and our request on your behalf were both processed, hence the duplicate payment. We'd hate to have Cigna come to us to get the overpayment back from you! Plus, wouldn't you really rather be done with the whole matter?

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, 893-8171, or, outside of Pinellas, (800) 333-7505, ext. 8171, to leave a recorded request.

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 and clarity.

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