(1) On January I presented my vehicle, a 2002 Nissan Xterra, to the Maxwell Round Rock Nissan service department to have diagnostics performed because my car was running rough. Clint, my contact in the service department, quoted me $105 for this diagnostic work. I agreed to this charge and signed a "PreWorkOrder" indicating I agreed to the $105.
(2) Clint kept my vehicle for over a month trying to diagnose it. During this period I spoke to him many, many times. During every conversation, I expressed concern about why it was taking so long and I verified over and over that I would not be charged more than the $105. Clint assured me there would be no additional charges beyond the $105.
(3) Over the month he had my car, there were many things Clint thought might be wrong with my vehicle. First he thought it was a bad mass flow valve. Turned out he was wrong. Then he thought it was bad spark plugs & wires and a bad distributor cap. Turns out he was wrong. Then he thought it was a bad super charger.
(4) Then, on February 18, Clint informed me that he was wrong again - the problem was not the super charger. The problem was that the compression on cylinder #4 was very low and that I need a new engine. I asked Clint for a quote for a new engine (parts & labor).
(5) I called Clint the next morning, February 19, and he verbally quoted me more than $5,000 to do this work. I told him that was too much - the car was not worth much more than that. I then told Clint that I wanted to come and pick up my vehicle and asked when I could do so. Clint then informed me he had put a new super charger on the vehicle when they were doing their diagnostics and that he would need to charge me labor to remove it, or... I could pay for the new supercharger. I told Clint that I was not paying for a new super charger and I was not paying for any labor to put my old one back on because (1) he just told me the day before that there was nothing wrong with my super charger, and (2) I had not authorized anyone to put a new super charger on my vehicle. He then told me the dealership would keep my vehicle until I paid for one or the other. I then asked him to have his supervisor, Jorg VanPatten, call me. I never received a call back from him.
(6) On February 20, I called the dealership again and also went into the dealership in person to try to resolve this issue. I was able to speak with Clint, Jorg, and Guy McRee, their General Manager. All 3 of them informed me that they had changed their mind. They now refused to remove the super charger and insisted I keep it and pay for it. They said it was because they had just found out they could not return the super charger to Nissan because it is classified as a "performance part". I told them that what they were trying to do was fraudulent and that I would contact a lawyer.
(7) That same day, after contacting a lawyer I again spoke to Jorg, the Service Manager, and Guy, the General Manager, over the phone. I told them that under TX state law, it was illegal for them to replace my super charger when there was nothing wrong with it. And, it was illegal for them to put a new super charger on my vehicle when I did not authorize them to do so. I told them they needed to put my vehicle back the way it was when I left it with them (put my old super charger back on, etc.) and to present me with some kind of bill. I told them that I understood that legally, in order to get my vehicle back, I had to pay whatever bill they presented me with. But, even though I would pay the bill, I do not agree with any charges besides the $105 for diagnostics. Therefore, I would pursue this matter in court to get my money returned to me. They agreed to return my car to its original state and to have my vehicle ready for me sometime on February 23.
(8) At 6 pm on February 20 I sent an e-mail to Jorg and Guy reiterating the above facts, and indicating the following:
(a) The fraudulent acts they committed are covered under Texas state's Deceptive Trade Practices - Consumer Protection Act. However, I would prefer to resolve this issue without litigation. Therefore, if they presented me with a bill on February 23 for only $105 and they returned my vehicle to the state it was in when I left it at their facility for diagnostics, I would consider this matter resolved and I would take no further action against them.
(b) However, if they did not comply, then I would file a claim against them in civil court to recover my money.in addition, I would file a consumer complaint with the Texas Attorney General, the Better Business Bureau, and the Federal Trade Commission.
(9) On February 23 they called me to say my car was ready. At the dealership I was presented with and paid a bill for $1,687.25. The charges were for the new supercharger (which they tried to get me to take with me, but I refused) and for labor charges to remove the new super charger from my vehicle and put my original one back on. I wrote on every page of the invoice that I did not agree with the charges and that I had never authorized the purchase of any parts or repairs.
(10) They entered false information in the notes on the invoice, saying I had authorized installation of a new super charger because my old one was "very noisy internally". However, they entered those notes on February 19 at 4:51 pm, 4:54 pm and 4:58 pm (date stamped by their own computer!). This was well after I had already had my morning conversation with Clint telling him that I was not paying for parts and/or work I did not authorize.
Guy McRee, General Manager: [email protected]
Jorg VanPatten, Service Manager: [email protected]
Clint Collins, Service Advisor: [email protected]
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