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> Swap Dilema...What would you do?
post Nov 26, 2003 - 7:58 PM
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Coomer



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Hey guys,
I just came into town yesterday, and I drove by my mechanic's shop, and he hasn't touched my car for three weeks. Three weeks ago when I was home, I went and talked to my mechanic, and I brought my dad along, and we all agreed that he'd have the car done January 1st, and I'd pay $500. Well, now it looks like my car isn't going to be done. My mechanic lied to me, and in fact hasn't even started the wiring yet, which is going to be very hard. Also, there is other stuff that needs to be done, such as the A/C, power steering lines, throttle cable, etc.

So I'm almost completely positive that my car will not be done on January 1st. When this happens, I'm going to bring a laywer and my dad with me, and we'll have a talk with Josh, my mechanic. So below are the options I'm thinking of telling him he's got.

1. Tell him that he needs to pay someone to come out and finish my car correctly, or tell him that he needs to pay to get the car towed to a competant shop where they'll finish the work, which he'll need to pay for as well.

2. Tell him that he needs to put my stock 7A-FE back in correctly, and buy the 4A-GE engine from me for the price that I paid for it and all the replacement parts.

What do you guys think? Are there other options I should be thinking about? Is there anything else I should do?


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post Nov 26, 2003 - 8:15 PM
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macavely



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i would go with option one.. if he promised to do something for a price and can't then he has to pay for you taking it to another shop that will do the work he should have done


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post Nov 26, 2003 - 8:41 PM
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I'd go with option one u already have come to far and have waited to long to go back to the 7afe.


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post Nov 26, 2003 - 8:45 PM
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yea, just let him know either get it done right, or give me my money back so i can take it somewhere that can do it right.


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post Nov 26, 2003 - 8:46 PM
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option 1
post Nov 26, 2003 - 8:49 PM
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uno!

screw the 7AFE!
post Nov 26, 2003 - 8:58 PM
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QUOTE (boosted_K2 @ Nov 26, 2003 - 5:45 PM)
yea, just let him know either get it done right, or give me my money back so i can take it somewhere that can do it right.

The only problem is that if he just gives me my money back, I won't be able to afford taking my car elsewhere, as I have no extra money. Also, around here, there are no competant shops to get my swap done, so I'd have to have my car towed at least two hours away to another shop in the Seattle area. frown.gif


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post Nov 26, 2003 - 9:03 PM
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Or you can tell him that every week after the due date will be 100$ off. If its 5 weeks late, its free.


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post Nov 26, 2003 - 9:10 PM
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QUOTE (Supersprynt @ Nov 26, 2003 - 6:03 PM)
Or you can tell him that every week after the due date will be 100$ off. If its 5 weeks late, its free.

Well, I've been through something like that before. He told me a long time ago that if it wasn't done in a week, it'd be free. So it wasn't done, then he just didn't wanna finish, so he told me it couldn't be done, just so he wouldn't have to do it. mad.gif Then he told me that it could be done later, and would just take time. Sigh...


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post Nov 26, 2003 - 9:16 PM
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QUOTE (Coomer @ Nov 26, 2003 - 9:10 PM)
QUOTE (Supersprynt @ Nov 26, 2003 - 6:03 PM)
Or you can tell him that every week after the due date will be 100$ off. If its 5 weeks late, its free.

Well, I've been through something like that before. He told me a long time ago that if it wasn't done in a week, it'd be free. So it wasn't done, then he just didn't wanna finish, so he told me it couldn't be done, just so he wouldn't have to do it. mad.gif Then he told me that it could be done later, and would just take time. Sigh...

thats not good business....


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post Nov 26, 2003 - 9:20 PM
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All I have to say is get your lawyer to rape him into finishing it.


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post Nov 26, 2003 - 9:20 PM
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Option 1. With your lawyer there he should be more willing to get the job done versus having to go to court and loose time and money. Another option would be to contact your local media and get them to do a story about how poor their service is and so on. He won't want the bad press.

Daniel


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post Nov 26, 2003 - 9:26 PM
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QUOTE (Drunken_Style @ Nov 26, 2003 - 9:20 PM)
Option 1. With your lawyer there he should be more willing to get the job done versus having to go to court and loose time and money. Another option would be to contact your local media and get them to do a story about how poor their service is and so on. He won't want the bad press.

Daniel

or better yet contact the better business burouge (i cant spell but you get the point)


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post Nov 26, 2003 - 9:26 PM
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Get your money back and have him ship the car to a shop of your choice and then back to you when its done. You should be able to get this from him if you take a laywer with you and your dad.

You could charge him for not having the car ready when he said it should have been done.

-Bryan-


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post Nov 26, 2003 - 9:56 PM
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Either way, we're all behind you Coomer. Good luck whatever the outcome. (Of course with him paying all your bills.)
post Nov 26, 2003 - 10:02 PM
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Thanks for all of the advice so far. Do you guys think I should take a lawyer with me before January 1, or wait until January 1 when the car isn't done, and then take a laywer? Also, I don't have anything in writing, but I have an eyewitness(my dad) who saw us agree that he'd have the car done by January 1. Does that matter if I end up going to court or getting a laywer involved?


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post Nov 26, 2003 - 10:02 PM
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Thats ****y man, I would just go in there and say if your not going to do it then your taking your business somewhere else. I mean $500 is cheap for a swap but if he isnt going to do it then whats the bother, and if hes that half assed about it then he may not do a good job anyway.

You have tons of contacts on here, maybe someone in your area could give you a hand with it?

Is this guy nice? Are you buddy buddy with him?
post Nov 26, 2003 - 10:14 PM
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QUOTE (Uppitycracker @ Nov 26, 2003 - 7:02 PM)
Thats ****y man, I would just go in there and say if your not going to do it then your taking your business somewhere else. I mean $500 is cheap for a swap but if he isnt going to do it then whats the bother, and if hes that half assed about it then he may not do a good job anyway.

You have tons of contacts on here, maybe someone in your area could give you a hand with it?

Is this guy nice? Are you buddy buddy with him?

He's a really nice guy, and really cool, and I used to like him a lot, though now I'm just furious with him.

There really aren't any local people who would or could help me with the swap, plus, I'm never really home very much. frown.gif


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post Nov 26, 2003 - 10:25 PM
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that answers everything. I always wondered why you never talked about your 4agze any more .
post Nov 26, 2003 - 11:41 PM
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one coomer. you have gone way to far to quit now. Missing it for this long, you can miss it a little longer.

Good luck bro. we need a damn lawyer on the site, who can do legal stuff for free tongue.gif
post Nov 27, 2003 - 12:41 AM
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go there first with a lawyer there and confirm the jan 1st date.

with a lawyer their he might get off his ass, if not, you can really screw him over.


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post Nov 27, 2003 - 2:39 AM
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Coomer, i maybe rough by teling this to you, but any way... This is not only for you:

Guys, i dont get it, WHY then START somthing and leave unfinished??? You knew that you may run in some problems... Why then RUN from these problems? Get your lawyer, talk with the mechanic, and take your car else where.. You still have your another "CAR" (i hate AUDI's), so you have what to drive... Then Finish your project in any price!!! You just dont leave your clients page unfinished???Do you? Then why do it to your self? Ruin your OWN dream?


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post Nov 27, 2003 - 3:16 AM
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I think you should take it home and finish it yourself, it may take a LONNNNGGG time, but you would learn a lot along the way,,,

You may want to consult with the lawyer 1st b4 going back to the shop, but only if you know the lawyer and trust him, , If you piss off the mechanic too much, he could screw you big time, (I think it would be a toss-up on who gets to you worse, the mechanic or the lawyer)
the mech could simply say he already has all these hours in it, and you dont want to pay what it will cost to finish, I think the judge would take his side simply because he is a "businessman" and you are just a "kid" (nothing personal )
Worst case - he gets a mechanics lein and legally keeps or sells your car, any reputable shop will be getting at least $50.00/hr for labor, there is no book to look up how long a swap should take, so its his word against yours on how much time he has in it.
Hindsight is always 20/20, My other recommendation would be to put the stock motor back in and just drive it. Swaps are way too expensive if you are paying going labor rates. Even if he were to get it running, will you know what all the parts are from? and what wiring diagrams to look at in the future? , If you dont know and/or cant work on it yourself, every mech from now on will just be guessing as to what parts to order, etc. Meantime you will be paying their labor rate while they experiment, I hate to be such a bummer here, but from your description of where things are at now, I think he has at least another 20-30 hrs of labor to complete it, and maybe more parts costs too. he is NOT going to do it for $500.

SO the only 2 practical options I see are:
1: take it home and finish it yourself- however long it takes,
2: put it back to stock, either yourself at home or the mech if he will do it for a reasonable price. Good luck either way...

any other option will take LOTS more money and time.
post Nov 27, 2003 - 5:03 AM
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QUOTE (Coomer @ Nov 26, 2003 - 8:02 PM)
Thanks for all of the advice so far. Do you guys think I should take a lawyer with me before January 1, or wait until January 1 when the car isn't done, and then take a laywer? Also, I don't have anything in writing, but I have an eyewitness(my dad) who saw us agree that he'd have the car done by January 1. Does that matter if I end up going to court or getting a laywer involved?

In the UK a parent or direct relative is not deemed to be a completely credible witness - I don;t know if that's the same case in the US.. the court may take note that your dad says this but in the UK they would also take this 'with a pinch of salt' to the effect that your father would be slightly biased in your facour.. ?

best of luck though - my opinion being that if he has agreed a price for a piece of work and has given you a written estimate - then you can allow a small percentage increase in cost - but not a huge increase - ie 10% max.. other than that it's his fault for not correctly estimating the work time and materials involved.

My stance on any work that's major or costly is that i have a written agreement with the garage that sets out the time of work, costs and a couple of clauses.. The bodyshop I use are fine with this unless it's a cash job.. (hehehe) - I think this is due to my working with IBM for so long - cast iron agreements everytime..
post Nov 27, 2003 - 1:57 PM
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Heres what I think you should do after sleeping on it.... get him to sign somthing by a lawyer stating it WILL be done by that date, that way if not done not only is it oral agreement you have a written agreement and have at the bottom certain terms perhaps he will have to abide by if it is not finished.... I suspect he will comply.... if not.... Sue his ass for all he got
post Nov 27, 2003 - 4:35 PM
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i think u guys are going over board. he is doing a very custom swap. how well does he know his toyota's? if u were in his place, working on a car which seems to have no need and you told they kid a good price, well its not paying the bills. im going through it right not with my nissan, just s simple sr20 to sr20 and its been a over a week and not work was done.. its total BS but i think if you get some promising leads in the wire harness and what not it should start to work..

if the guy is really hard about it get it to a new shop. my dealer said they would do my 20v swap when i wanted it for 800 dollars... theres places that are willing to start it but finishing it is the hard part. threathen him with a lawyer or whatever it takes but if u didnt get the bill yet he could be the last laughing.. dont pay bill, storage fees etc etc...
post Nov 27, 2003 - 5:36 PM
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number one number one number one


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post Dec 20, 2003 - 10:02 PM
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Whats the deal with your swap Coomer?


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post Dec 20, 2003 - 10:34 PM
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I would suggest number one but wait until the date he said before you do that.. dont jump the gun on it, expessially if he is the one that is going to finish your swap or you might use him in the future. That and it kind of sounds like you might of been friends with him before.. I wouldnt try and burn that unless you have to wink.gif

needless to say he told you he would do something and should keep to his word about it.


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post Dec 20, 2003 - 10:39 PM
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lol i knew i should of used a different thread to find out....


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post Dec 21, 2003 - 5:18 PM
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The car currently sits under about 8" of snow and ice, and has been outside and untouched for around a month and a half. I talked to my mechanic Wednesday, and he said he'd get it done, and that he'd have it inside by the end of the week. Last night(the end of the week), I drove by, and it was still sitting outside! mad.gif My mechanic has ten days to get my car done, but I don't think there's any way he'll get it done. frown.gif


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post Dec 21, 2003 - 5:30 PM
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QUOTE (Coomer @ Dec 21, 2003 - 3:18 PM)
The car currently sits under about 8" of snow and ice, and has been outside and untouched for around a month and a half. I talked to my mechanic Wednesday, and he said he'd get it done, and that he'd have it inside by the end of the week. Last night(the end of the week), I drove by, and it was still sitting outside! mad.gif My mechanic has ten days to get my car done, but I don't think there's any way he'll get it done. frown.gif

You know the only reason your getting shafted like this is because your young.


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post Dec 21, 2003 - 8:40 PM
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QUOTE (Andason @ Dec 21, 2003 - 2:30 PM)
QUOTE (Coomer @ Dec 21, 2003 - 3:18 PM)
The car currently sits under about 8" of snow and ice, and has been outside and untouched for around a month and a half. I talked to my mechanic Wednesday, and he said he'd get it done, and that he'd have it inside by the end of the week. Last night(the end of the week), I drove by, and it was still sitting outside! mad.gif My mechanic has ten days to get my car done, but I don't think there's any way he'll get it done. frown.gif

You know the only reason your getting shafted like this is because your young.

Yeah, and it sucks. My mechanic is going to find out the hard way hopefully though. Tomorrow I'm going to talk to a lawyer, and all day today I've been reading up on legal issues and small claims court and things like that, and hopefully I'll be able to do something in court after the first.


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post Dec 21, 2003 - 9:01 PM
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QUOTE (Coomer @ Dec 21, 2003 - 6:40 PM)
QUOTE (Andason @ Dec 21, 2003 - 2:30 PM)
QUOTE (Coomer @ Dec 21, 2003 - 3:18 PM)
The car currently sits under about 8" of snow and ice, and has been outside and untouched for around a month and a half. I talked to my mechanic Wednesday, and he said he'd get it done, and that he'd have it inside by the end of the week. Last night(the end of the week), I drove by, and it was still sitting outside! mad.gif My mechanic has ten days to get my car done, but I don't think there's any way he'll get it done. frown.gif

You know the only reason your getting shafted like this is because your young.

Yeah, and it sucks. My mechanic is going to find out the hard way hopefully though. Tomorrow I'm going to talk to a lawyer, and all day today I've been reading up on legal issues and small claims court and things like that, and hopefully I'll be able to do something in court after the first.

Dude everything about mechanic is not right. Any lawyer in their right mind will take on your case. Esp. if you have stuff in writing.


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post Dec 21, 2003 - 9:30 PM
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QUOTE (Andason @ Dec 21, 2003 - 6:01 PM)
QUOTE (Coomer @ Dec 21, 2003 - 6:40 PM)
QUOTE (Andason @ Dec 21, 2003 - 2:30 PM)
QUOTE (Coomer @ Dec 21, 2003 - 3:18 PM)
The car currently sits under about 8" of snow and ice, and has been outside and untouched for around a month and a half. I talked to my mechanic Wednesday, and he said he'd get it done, and that he'd have it inside by the end of the week. Last night(the end of the week), I drove by, and it was still sitting outside! mad.gif My mechanic has ten days to get my car done, but I don't think there's any way he'll get it done. frown.gif

You know the only reason your getting shafted like this is because your young.

Yeah, and it sucks. My mechanic is going to find out the hard way hopefully though. Tomorrow I'm going to talk to a lawyer, and all day today I've been reading up on legal issues and small claims court and things like that, and hopefully I'll be able to do something in court after the first.

Dude everything about mechanic is not right. Any lawyer in their right mind will take on your case. Esp. if you have stuff in writing.

The problem is that I have nothing in writing. I've been researching small claims court and stuff, and it looks like I can take my mechanic to small claims court and sue for up to $4,000, and no laywers are allowed, so I think I'd have the stronger case, because my mechanic is a lazy slob who can hardly speak proper english and might not even show up.

So tomorrow, I'm calling up a couple towing companies to get some quotes, and I'll call Nix99, a respected Toyota/Lexus shop in Seattle, and I'll see how much it will cost to get my car finished. Also, I talked to my local Toyota dealer, and they said they'd do it, but it would cost anywhere from $800-$3,000.


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post Dec 21, 2003 - 9:45 PM
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Dude you could nail for more then 4k with a lawyer. Grievances can play a huge role when it comes to automotive malpractice.


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post Dec 21, 2003 - 10:18 PM
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QUOTE (Andason @ Dec 21, 2003 - 6:45 PM)
Dude you could nail for more then 4k with a lawyer. Grievances can play a huge role when it comes to automotive malpractice.

What exactly are grievances? Sorry, but I'm a total newbie when it comes to court stuff. wink.gif


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post Dec 21, 2003 - 10:25 PM
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QUOTE (Coomer @ Dec 21, 2003 - 8:18 PM)
QUOTE (Andason @ Dec 21, 2003 - 6:45 PM)
Dude you could nail for more then 4k with a lawyer. Grievances can play a huge role when it comes to automotive malpractice.

What exactly are grievances? Sorry, but I'm a total newbie when it comes to court stuff. wink.gif

pretty much a complaint based on a situation. like you not having your car caused a personal inconvience/strain. you expected to have the car by X date and you had X plans that caused you X amount of personal time wasted which = X amount of money. with the equasion time=money. add the personal strains caused on you plus money paid you could get some loot. id think of a real sob story like you couldnt visit your mom in the hospital.

This post has been edited by Andason: Dec 21, 2003 - 10:27 PM


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post Dec 22, 2003 - 12:30 AM
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QUOTE (Andason @ Dec 21, 2003 - 7:25 PM)
QUOTE (Coomer @ Dec 21, 2003 - 8:18 PM)
QUOTE (Andason @ Dec 21, 2003 - 6:45 PM)
Dude you could nail for more then 4k with a lawyer. Grievances can play a huge role when it comes to automotive malpractice.

What exactly are grievances? Sorry, but I'm a total newbie when it comes to court stuff. wink.gif

pretty much a complaint based on a situation. like you not having your car caused a personal inconvience/strain. you expected to have the car by X date and you had X plans that caused you X amount of personal time wasted which = X amount of money. with the equasion time=money. add the personal strains caused on you plus money paid you could get some loot. id think of a real sob story like you couldnt visit your mom in the hospital.

Hmm...so if I got a lawyer and stuff, would I go to civil court then, rather than small claims court?

Also, I'm not going to lie to a judge and say that I couldn't visit my mom in the hospital, but I could say that I couldn't visit my best friends that I hadn't seen since early August because I didn't have a way to get there. That's not a very good reason though. But anyone who knows me knows that cars, mine in particular, are my life, and it's caused me to be frustrated, stressed, and depressed for three and a half months.


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post Dec 22, 2003 - 12:32 AM
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The fact is, verbal contracts are only valid up to a certain ammount. After that, if a verbal contract is made with no paper and higher than a certain ammount...if you take him to court, the highest you can get is that set ammount.

I guess I'd try for #1 and have it towed to a place that really knows what they're doing. Send it to a well-known shop in northern Cali or something. I'm sure there are bunches.


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Dead for now --> Soon to have a 3S-GTE

02 WRX --> This is for speed
- Borla Exhaust
- TurboXS BOV
- Custom CAI

02 Civic EX
- MB Quart Reference 5.25" Components
- Rockford MTX 8" Subs in the doors
- Alpine Type S Rear Fills
- 2x Alpine SWR-1042D Subs in a custom fiberglass box
- Alpine F345 Amp for the front doors
- Alpine M605 on each Type R
- Phoenix Gold wiring
- Alpine CDA-9855 Head Unit
- Alpine Amp link
- 2x Rockford Fosgate 1 Farad Caps
- The best Viper 791 alarm install ever
post Dec 22, 2003 - 2:19 AM
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97sccelica



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Joined Aug 30, '02
From Anaheim, CA
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print out these forum posts

several times u showed how frustrated you are with the whole situation


--------------------
1994 Celica GT4 WRC Edition
@gt4.wrc on Instagram

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