On approximately October, twenty eighth of I left my 1982 Chevrolet Blazer at HY-TECH Performance, (Loppers Service Center), to have the windshield wiper switch replaced, the automatic window motors replaced, the carburetor rebuilt and the supercharger replaced. Within three weeks from dropping the vehicle off all the work that had been ordered had been completed except for replacement of the supercharger.
The supercharger was ordered from Holley and I was told it would take two weeks to deliver.in the beginning of the fourth week, November 13th, Mike or Jim at the Service center called Holley to see when this part would arrive. I was told that Holley informed Mike or Jim that it would be another three weeks for this part to be available.
At this point I was getting really upset with the wait for this service to be performed. Mike told me that we could call Summit Racing to see if they had the part on hand, so we did this. Summit said that they had one on the shelf and could have it to us within a week, (which they failed to do, but it was sooner than the three weeks Holley was stating). Mike then told me he would have to use his personal credit card to order this part and get it shipped. I said go ahead and get the part shipped and Ill pay the cost at that time. Mike then gave me a cost for the part and shipping of two thousand eight hundred and sixty dollars, which I paid that day, though I had to go to the bank to get the funds.
The part came in on the following Tuesday and the work was completed that day and I received my vehicle. While driving later in the afternoon, I went to turn on the air conditioner and found that it no longer operated. I returned to the service center and informed Mike of the problem and that shortly before dropping my vehicle off the previous owner, through my demanding of same, had just had the air conditioner checked and I verified its working operation. Mike then did some checks and found a fuse blown and the air conditioning blower motor not operating. I was then informed that I could just change the blower motor and the air would work. I left and immediately bought the part and replaced it. Unfortunately this application did nothing to repair the air conditioner that worked previous to my dropping my vehicle off for unrelated service at HY-Tech Performance.
Additionally, the following day while on my way to school I smelt a heavy odor of gasoline and stopped my vehicle to check what the problem was. I found that the inline fuel filter I had to remind Jim to install before I left with my vehicle was leaking fuel directly on to my hot engine block. It only took two turns of each of the holding clips to stop this leak but it shows a lack of care and judgment when installing a part related to the flow of a flammable liquid fuel so near a hot area of the vehicle.
Shortly after this change where I had to pay the Summit Racing retail cost of the Holley supercharger, I went online to Summit Racing to check on the retail cost of the part for my size Chevrolet engine. To my surprise I got back a print out for the retail price of Summit Racing part # HLY-77-144CSB-1 of two thousand one hundred and forty three dollars and ninety cents! Keep in mind this is a retail price, not a price quoted to a service center or parts store.
The bill I received when I picked up my vehicle includes the quoted, ($2,860.00s, plus an additional $60.00s for freight charges) which freight was quoted as being part of the $2,860.00 I paid on the date of order. Simple math gives an overcharge or markup, (a retail priced part!) of seven hundred seventy six dollars and ten cents, (including the sixty dollars charged for shipping by Loppers, which I come to find out was included in the retail price from Summit Racing. Add this to the fact that my air conditioner no longer works and you get a viable complaint against the Defendant (s) to this action.
My claim is for the Defendant (s) to pay the cost for/or fix my air conditioner and to reimburse the Plaintiff for the serious over charge of a retail priced part, which the customer paid for in cash on the day of ordering it. The fact that the Defendant (s) demanded the Plaintiffs funds to pay for a retail part takes it out of the realm of normal business operations in that their overcharging, and in fact lying about what the retail cost and shipping was on that date, demands the customer get restitution for the business fraud committed.
This case can be proven by the money trail easily accessible through Michaele Kelly and his wifes credit card history for Nov. 13th, Summit Racings credit card order records for the same date, my checking account record for Nov. 13th.
On approximately the 4th and 5th days of December I repeatedly went to Lopers Service Center to see Michaele Kelly and confront him with the information I had received from Summit as to the true cost of the part ordered on the 13th of November and the additionally outrageous fact that shipping for this part was part of the two thousand one hundred and forty three dollars and ninety cents Summit truthfully charged for same. I did not reach him until the 10th of December.
At this time I confronted Michaele Kelly with the facts I had obtained and he stated, I financed the part for you, as his answer for why he could bump the price and lie to me when I paid the full amount quoted in case, (within fifteen minutes of the order being made)! Mr. Kelly has no apparent intention of repairing the equipment his shop or employees broke, nor does he apparently intend to refund the fraudulently obtained money for my purchase of a retail priced part, (when his company couldnt get it in a reasonable time frame). Also, he does not want to pay the shipping charges fraudulently added to my bill when in fact the true price of two thousand one hundred and forty three dollars and ninety cents included shipping.
In fact, he now claims to be a financing entity that can legally charge 36% interest on a fifteen minute loan on his personal credit card! Makes you wonder if the Federal authorities responsible for this type of business are aware that his company exists and is operating in this manner? You also wonder if under the guidelines for operating a loan, financing company, Mr. Kelly would be under an obligation to let the borrower know what the current interest rate he charged for a loan, especially when the duration before full payment is due was a matter of minutes!
Mr. Kelly also appears to be a shipping company operator since he charges additional shipping charges to customers, when the charges have already been paid; or does he call this financing shipping charge as well? Mr. Kelly obviously needs to become a corporation because all of his businesses cant be run under the umbrella of an auto service center alone. Is he licensed to make loans, charge shipping he does not himself complete?
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