El Gallo Auto Shop

Mr***, when you brought your vehicle in for the first time the head gaskets on your vehicle were blown (7/17) You agreed to the repair and so we went ahead and repaired your vehicleYou however state that we did not advise you and yet you have a copy of the receipt in your possession that states "days on head gasket warrantyVoid if car overheats of negligence of customer" You further state that my invoice does not mention that you would experience engine failureOne of the major causes of engine failure can be caused by overheating (excessive heat) the consequences of overheating are a blown head gasketAn engine that overheats can be very costly and cause a lot of damageSure it is possible for the engine to continue to run for a limited time (although it is something I would not recommend) but nonetheless it is headed for a complete engine failureThe repairs on your vehicle were completed on 7/31/and you returned to the shop 8-days laterOn 8/11/we spoke on the phone and you mentioned multiple times that you were not a mechanicYou do not need to be a mechanic to know that your vehicle to run with gas, oil and waterThese are very important factors and play a vital role for your vehicle to run properlyYou also stated that your vehicle was showing on the temperature gauges that it was hotyou did the right thing by pulling over and letting your vehicle cool down (Up to this point, so far so good)However, you made the mistake of turning your vehicle back on and then driving it to the shop, which resulted in the vehicle overheating AGAINAs you've been mentioning, since you are not a mechanic the reasonable thing to do would have been to call a tow service and not to continue to drive the vehicleWhen you arrived at the shop your vehicle was in smoke, the mechanic opened the hood and saw that you now had a cracked radiator, due to the fact that you failed to keep coolant in your radiator (during emergencies even water can do the trick temporarily) As you can see, the problems that resulted after the vehicle overheated were due to your negligenceNegligence can be defined as "failure to take proper care in doing something." Negligence on your part voids the warranty (as it is stated on the invoice) because you failed to take the proper action when you became aware that the vehicle's temperature was rising and you replace your head gasket and that I would waive the labor fee although we strongly feel that we are not the party at faultWe at El Gallo Auto Shop are confident that the service provided to you was to all professional standards and we are prepared to defend ourselves in court if necessary

I am rejecting this response because:The information provided is inaccurate. My vehicle was in need of repair, which is why I took my vehicle to El Gallo Auto Repair in the first place. I sought them out for their expertise and to repair my car. I was never properly advised of any risks associated with my vehicle. In fact, the only repair that was presented to me regarding my vehicle was the head gaskets. The above message states that I was advised in writing that overheating would cause major engine failure. However, I have no record of this. I was provided with only one receipt when I picked up my vehicle the first time that states “90 days on head gaskets warranty void if car overheats of neglagent of customer. Customer rushing job”. Nowhere in this statement does it state that I would experience major engine failure.  As mentioned prior this is a false statement. I did not rush the job on my vehicle, I simply expected my vehicle to be returned to me by the verbal date of completion that I was provided. My vehicle was not completed until I called 2 days after the promised completion date. At which time I informed them that I would take my vehicle elsewhere that “they” rushed to complete the job. Which again was 4 days after the promised completion date. In addition, I never was negligent since I paid for a repair service, had my vehicle returned to me, and expected my vehicle to run properly as a result. The above statement also states that I did not return my vehicle until “over 9 days later” after completion. This again is a false statement since I returned my car back for a second time on August 6, 2017 which is 6 days later because the check engine light returned. I then had to return my vehicle back 9 days later as mentioned above for the third time since my vehicle overheated. I was then advised the I had a cracked radiator at which time I provided them with a new radiator with the intent that my car would finally be repaired. Once Mrs. [redacted] contacted me via text message, I called her back at which time she informed me that in addition to the radiator the head gaskets were blown again.In terms of Mrs. [redacted]’s statement alluding that I threatened and harassed her on many occasions again this is a false statement. I would like to see the evidence that proves this. Mrs. [redacted] states in the above message that I sent a family member to assault her yet it was her client who approached my family member and threatened to blow his head off. The intent of my family members visit to the shop was to seek further information about my vehicle as I was at work when Mrs. [redacted] called to inform me of the blown head gaskets. Mrs. [redacted] also states that I falsely reported criminal conduct to the police however, to my knowledge there is no police report in existence that would prove this. I did have a police officer provide the service of “standing in” when I went to retrieve my vehicle as I feared for my safety and wanted to avoid any issues because of the threats that were made to my family member.  I like Mrs. [redacted] and El Gallo Auto Shop, am also prepared to take whatever legal actions necessary to defend myself.

My office has been retained to represent the interests of Isaura [redacted] dba El Gallo Auto Shop in regards to the above-referenced case. Please forward all correspondence and communications to this office only.In response to the complaint my client provides the following:Mr. [redacted] was properly...

advised of the risks of only performing repairs of his head gaskets and was advised in writing that overheating would cause major engine failure. Mr. [redacted] chose to only perform such repairs due to his budget constraints and therefore did not choose to have proper repairs performed.Because of Mr. [redacted] own conduct his car was damaged. His car was retrieved on July 31, 2017 and he returned over 9 days later with a broken and cracked radiator.Mrs. [redacted] and El Gallo Auto Shop are not at fault in this matter as Mr. [redacted] was well advised and chose not to opt for the necessary repairs to maintain his engine. In fact, Mr. [redacted] overheated his engine, came to El Gallo with little to no radiator fluid after being advised overheating would cause mechanical failure.In addition to his complaint to you, Mr. [redacted] has attempted to threaten and harass my clients on many occasions which includes having a family member assault my clients and falsely report criminal conduct to the police. Mrs. [redacted] and her husband are confident the service that was provided was up to all professional standards and are prepared to defend themselves in court if necessary.Please contact me if you have any questions or concerns. Thank you for your attention to this matter.Yours Very Truly,[redacted]