ComplaintsforLiberty Bay Auto & Boat Center Inc

• Initial Complaint

  11/29/2022

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  Receipt states the following work was accomplished: Reprogramming of systems and updated systems. Reset shift points and adaptive learning. Did road test after programming. Vehicle still shifts hard. Inspected transmission fluid and found metal debris in fluid. Recommend new transmission. After taking it to a different repair shop, they determined that the systems had not been reprogrammed or updated, and the shift points/adaptive learning had not been completed. After completion, the vehicle worked as intended. After draining the transmission fluid, there were no metal debris found. Problem: Fraudulent charges, stated work accomplished on the receipt was in fact knowingly not accomplished.

  Business response

  11/30/2022

  On October 12th 2022 The reprogramming and system update was performed on the used Transmission Control Module as described on the repair order that the customer had previously installed outside of Liberty Bay Auto.  On our technicians drive after the work was completed he notified us that the car was still shifting abnormally. During further inspection he found metal shavings in the fluid; which was also noted by **************************************** over a month later on November 16th 2022 which was attached in the original complaint. Before the customer paid the $212.94 and took his car, we recommended a transmission versus trying to prolong a transmission with internal problems.  We still stand behind the transmission has an internal problem that is burning up the transmission fluid and leaving metal shavings in the fluid. On November 22nd ******************************************************************************************************************************************************************************* any way.  Liberty Bay Auto always leans towards taking care of our customers in unfortunate situations and with that being a priority to us we were happy to refund the $212.94.  Our company unfortunately was put in a unfair position. If we refund the money in the form of a check and his card company also reverses the transaction we would have to chase an unhappy customer to try and get our money back. If youre unhappy with a purchase, filing a chargeback or fraud charge right away, without first trying to resolve the issue with the merchant, is at most a failure to comply with the procedural requirements of the chargeback right." The statement from the consumer that we charged him without performing the work is false, but the fact that after we performed the service and it was short lived before having problems again we never tried to deny whether it was true or not. We're still happy to refund $212.94 as a good will gesture once the false fraud charge is resolved.  What we ask is that the customer is patient and to please stop harassing our employees over the phone and to take down the negative reviews left on our review platforms because it doesn't help speed up the process and is also unfair to us. We'd like to avoid denying the refund or any further legal action against the customer and avoid a scenario where nobody wins.

   

  Thank you,

   

  *************************

  General Manager 

  Liberty Bay Auto 

  Customer response

  11/30/2022

   
  Complaint: 18481369
  
  I am rejecting this response because:
  
  Sincerely,
  
  ***************************

  Customer response

  12/06/2022

  -I don't know who ******************** is--I've never worked with him before on this issue.  This means he is getting his information 2nd or 3rd hand and explains why it is inaccurate.
  
  -The transmission system was not reprogrammed by Liberty Bay, as confirmed by the receipt from ***********************.  After *********************** completed the reprogramming, the car performed as normal.
  
  -I spoke with the technician at Liberty Bay (******************) after I initially picked up the car.  He said that he just drained a little from the bottom plug and looked at the fluid on his gloves.  This is very unscientific, as his gloves were likely already dirty.
  
  -It is very rare for an automatic car with ****** miles on it to have gearbox problems (which would cause metal debris in the transmission).  Due to this, I drained the transmission fluid myself after I drove the car home.  I could not find any debris (metal or otherwise) in the fluid.  I kept all of the old fluid (1.9 quarts) from the car.  I then added new transmission fluid into the car.
  
  -The car was still shifting abnormally, so I took it to *********************** in ********* to have it diagnosed.  I told them what the symptoms were, and I told them that Liberty Bay had told me there was metal debris in the fluid, though when I drained it I couldn't see any debris.
  
  -*********************** performed a drive test, confirming the abnormal shifting.  They then did an electrical diagnosis of the car and found that the software was not up-to-date and the shift points were not set correctly.  After updating the software and setting the shift points, the car worked normally.  Due to this, they never checked the transmission fluid.
  
  -I called ****************** at Liberty Bay to discuss the issue.  He told me there was nothing he could do, but his manager (************************) would call me back.
  
  -The service manager, ************************, did not call me for several days, after which I filed a credit card dispute.  A few days later, he did call and confirmed the previous technician that used to do the programming had quit, and the new person was inexperienced with the **** system (**** IDS) and likely did something wrong.  He offered on the phone to return my money, but he could not refund my card.  He said he could only send me a check.
  
  -I mentioned to ************************ that I was also concerned about the old transmission fluid not having metal debris in it, as his technician had told me it did, and as it is noted on the receipt.  He said he wasn't sure about this, but he would look into it.  I offered to bring in the drained fluid for him to look at.  He didn't want to look at it.
  
  -I noticed on my credit card account that Liberty Bay had attempted to dispute the dispute I filed.  I then tried to reach ************************ several times the next day.  Each time a member of his staff said he wasn't available, so I went to the dealership to discuss it in person.
  
  -After meeting with him in person, ************************ stated that they did in fact do the work, and that his technician (******************) did say there was debris in the fluid.  He said that they no longer could refund my money, even though they had attempted to cancel my credit card dispute.  I showed ************************ the bottle containing the transmission fluid claimed to have debris in it, but he refused to look at it.  ************************ then accused me of breaking the law.  When I asked him what law I was breaking, ************************ demanded that I leave the dealership.
  

  Business response

  12/08/2022

  Liberty Bay Auto was contacted by the customer specifically asking us to program & update the used *** he installed because he was trying to fix a transmission problem he was having.  After we performed the work, it still had the same issues leading us to believe the *** needing to be programmed and updated wasn't the problem with the hard shifts and there was a high potential the *** he replaced never needed to be replaced. We did everything the customer specifically asked for.  Based off the customers statements after he paid and left he worked on his transmission on his own again and flushed his transmission+ which seemed to have helped with his transmission issues for the time being if that is true. We've determined there was no wrong doing on our part and in fact the service was completed by **************. Just to clear; the service we performed for the customer is a very simple cut and dry process & we would never charge someone for something we didn't do like the customer alleges.   

  Customer response

  12/14/2022

   
  Complaint: 18481369
  
  I am rejecting this response because:

   

  Acceptable resolutions are as follows:

   

  1.  ******************** show proof that Liberty Bay did perform a TCM update.  If he has this proof, then explain why a ************** has noted that there was no update performed, and after it was, the car worked and still is working normally.

  2.  ******************** show proof that his team found metal debris in the transmission fluid.

  3.  ******************** show proof that the current TCM that is installed is bad (even though it is working normally).

   

  If ******************** cannot show proof, then the only resolution is to admit wrongdoing and apologize.  

  
  
  Sincerely,
  
  ***************************

  Business response

  01/05/2023

  All the proof has already been provided that is necessary.  The documents attached by the customer himself, if read..... prove in writing from both service facilities the questions your wanting answers to.  It's very clear and please stop the harassment. 

  Thank you,

  LBAC

  Customer response

  01/13/2023

   Complaint: 18481369

  I encourage ******************** to review the following: 

  RCW 9A.46.020

  RCW 46.71.045
  
  It looks like ******************** has lied once again, Liberty Bay does IN FACT sell used Focus models with the automatic transmission, despite him claiming they don't:  ********************************************************************************************************************; (2012 Focus, VIN: *****************  Stock:  2005B  Mileage:  113,645  (conveniently over the amount where a customer can return it if there are problems, for the price of $9,787 (Blue Book Value is less than $5,000).

  As a side note, ***** miles later and my Focus is running perfectly after the legitimate reprogramming from ***********************.  No leaks, no slipping, no grinding.  

  Acceptable resolutions are as follows:
  
  1.  ******************** show proof that Liberty Bay did perform a TCM update.  If he has this proof, then explain why a ************** has noted that there was no update performed, and after it was, the car worked and still is working normally.
  2.  ******************** show proof that his team found metal debris in the transmission fluid.
  3.  ******************** show proof that the current TCM that is installed is bad (even though it is working normally).

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