Zbylut Motorworks

My diesel Mercedes was hesitating and the check engine light came on. I had the car towed to Zbylut, arriving late on a very cold evening in November. I left the car and told the owner to look at it when he could and give me a call when he found the cause for the light and hesitation. After ~4 days he hadn't called so we called him. He said he thought it might be an air pipe, but was still looking for a cause; he said it was hard to find because the car was running fine and not showing any obvious problems, but the light was on. He asked if it had had an oil change and we said 2 weeks prior at a Mercedes authorized service center and to definitely not do an oil change.We called back two days later and he said the car was all ready and the bill was [redacted] He never offered an estimate, discussed repairs, or even told us he had found the problem! We asked for an invoice and, although in the email he sent he said what he had done was the bare minimum to get the car running (even though it was running when I brought it in), the invoice included such non essentials as a cabin air filter and an oil change (a [redacted] job). The only items on the invoice that seemed to have any bearing on the running of the vehicle at all were what was listed as an "intake pipe" and fuel filter. I would never have had these things replaced had I gotten an estimate, as the car had just been bought and had a dealer warranty on it. I agreed just to pay for those, requested the replaced parts, and pointed out that I didn't have to pay at all. [redacted] was belligerent and explosive, screaming and ranting on the phone. I felt it necessary to have a friend with me. The check engine light was back on, the car had developed a wail, and was hesitating. I discovered that it was just fuel gelling, a typical diesel problem. I couldn't verify [redacted] had done any repair, because the part he suggested he replaced doesn't exist on an ML320 and he didn't give me the supposed broken part. There was damage done to my car (a broken housing).Product_Or_Service: Repair to Mercedes Benz ML320 DieselDesired SettlementI would like what I paid Zbylut Motor Works refunded. This was [redacted] Business Response [redacted] ATTORNEY AT LAW [redacted] XXXXX Tel. (XXX) XXX-XXXX Fax (XXX) XXX-XX:XXMarch 28, 2014Revdex.com Serving Central and Western Massachusetts and Northeastern Connecticut 6 Park Avenue, Suite 100Worcester, MA XXXXXRe: [redacted] Case # XXXXXXDear Ms. [redacted]Please be advised that I represent [redacted] of Zbylut Motor Works Inc. in the above matter. Mr. [redacted] denies the allegations contained in the Complaint Activity Report supplied to my client by your office. Mr. [redacted] initially complained to Mr. [redacted] that she wanted to pay only for the parts and not the labor. Although this was unfair to Mr. [redacted], he agreed because the amount at issue was not worth his time or money to litigate, Ms. [redacted] then paid by credit card. However, she called her credit card company and had them put a hold on the payment. This was an incredibly bold act of deception by Ms. [redacted]Mr. [redacted] explained the situation to Ms. [redacted]'s credit card company and the credit card company eventually released payment to Mr. [redacted]. Ms. [redacted] now has re-hashed her old allegations with several new ones. She has now demanded that Mt Zbylut re-pay her the [redacted] she paid by credit card.I advised Mr. [redacted] to file his own action in Small Claims Court. However, Mr. [redacted] has directed me to send a letter to Ms. [redacted] containing the following offer of settlement: Mr. [redacted] will pay Ms. [redacted] the [redacted] in exchange for Ms. [redacted] signing a general Release and sending a letter to your agency asking that her complaint be withdrawn. I have sent ibis letter to Ms. [redacted] and I am waiting for her response.Mr. [redacted] has been in business for nearly ten years and has an excellent reputation in this area. He has made this offer to Ms. [redacted] only because he has a successful business and does not want to spend any more time or money on this issue. [redacted] ATTORNEY AT LAW [redacted] XXXXX Tel. (XXX) XXX-XXXX Fax (XXX) XXXXXXXFAXSHEETTo: Revdex.comTime: 2:35 p.m.Number of Pages: 2 (including cover sheet)Re: [redacted] Case # XXXXXXMessage: Date: May 28, 2014Note: Date incorrect. Date rec'd: 3/28/14Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.)The outlining of the information in the response is inherently incorrect in most ways.I have contacted Mr. [redacted] repeatedly over the last 1.5 month to try and resolve this matter. I have repeatedly told him that if he feels certain of his position that I am fine with filing a small claims case and that he should argue a position he feels so strongly about. But, I have tried to offer him the opportunity to resolve this matter out of court in a way that may encourage him to follow the law in the future. I have offered him the opportunity to think about it and confer with his attorney with an emphasis that I would be happy to start the procedure for court immediately if he wanted to argue this with a judge. He has argued and fussed, but failed to ever provide a definitive agreement to settle to proceed to court.Mr. [redacted] has said that his attorney would contact me with a settlement agreement weeks ago and again last week, but as of today, April 1st 2014, I have not received anything. Final Business Response To whom it may concern,[redacted] and [redacted] are the customers owning the [redacted] Mercedes Benz ML320 CD1 with over 140k miles.Vehicle was towed in on 11/20 in the late evening hours - 7:30pm. It was un-operational - engine run rough / did not run.In the following 2 days we have evaluated the vehicle and found it needed Intake Manifold intake pipe which was cracked and complete service. Vehicle would not start / run properly without It.This information was passed onto the customer on Fri 11/22/13 at 2:15 pm via phone call. Customer was happy to hear we found the problem. Pricing for the Intake pipe and fuel filter has been communicated to the customer. it was agreed that we will replace those 2 components and observe the operation of the engine afterwards. Customer agreed to this. Immediate cause of the problem was the cracked pipe and much overdue diesel fuel filter. We found significant amount of rust and corrosion on it.In the process of performing the replacement of the 2 parts mentioned above, we found EXTREMELY dirty air filters, cabin filters and very low and extremely dirty engine oil.After not being able to reach customer during that particular time, I decided to replace those Items as well.Few days later (Mon 11/25/13) contact with customer was established again. The vehicle was ready for a pickup and customer asked for detailed invoice to be sent to them via email. Invoice was emailed to both [redacted] and [redacted].On 11/27 [redacted] came to pick up a car in the evening hours - 6:30 pm and refused to pay the diagnosis fee and service part of the repair. He agreed to pay only for the fuel filter and intake pipe that he agreed to pay. I explained why we needed to replace the additional items few more times. After lengthy discussion [redacted] and [redacted] (myself) agreed that he will pay for actual repair (..lob2) totaling [redacted]It was not ideal situation but agreement was reached and customer acknowledged this by signing the final invoice and paying the amount via credit card. He also signed the receipt which is included in the package of documents He paid the [redacted] and picked up the car. I have not heard back from the customer.We could only assumed all is good and case is closed.q ur facility has very good reputation and we have extensive warranty provisions for all our WO*. We strive ti make customers satisfied.It was a great surprise that even the smaller negotiated amount was then charged back due to UNTRUE statement of the customer. I also tried contacting both [redacted] and [redacted] by phone and email but did not receive any responses. After submitting all the necessary documents to credit card processors , chargeback was reversed.Then on March 14th, 2014 [redacted] emailed me asking for the MI refund claiming car developed Check Engine light soon after leaving my business back in Nov and claiming car was diagnoses somewhere else as diesel fuel jelled up. This is not possible with temperatures we had back in Nov 2013. She seems to be changing the reason for not waiting to pay from lack of full authorization (UNTRUE) to incorrect diagnosis (UNTRUE).Page 1 of 2 After months of this manipulation I decided to simply refund the entire amount provided she agrees to sign release form and provided my record with Revdex.com stays clean and positive.I am attaching the signed Final Invoice by customer, signed ticket for credit card payment and copy of email conversations with the customer prior to picking up his vehicle. Also attached is the email to both [redacted] and [redacted] asking for explanation / communication (that remains unanswered).Custorrier included UNTRUE statements about the transaction as well as UNTRUE facts regarding reaching to myself about this.It is a clear case of FRAUD and system manipulation. I hope this shows validity.Please contact me if you have any additional questions / concerns. Also please let me know if you any affidavits from myself or my employees who were present during these events, My legal counsel is also available for consultation upon request.thank you and regards,attachments:signed by customer [redacted]) copy of the final invoicesigned by customer [redacted]) credit card receipt for approved transaction of [redacted]copy of past communications and recent attempt to reach out to the customers (both [redacted] and [redacted]Zbylut Motor Works Inc.[redacted] MA XXXXX tel: XXX-XXX-XXXX fax XXX XXX XXXX [redacted]