NHRedneck

wow..... all i can say, is i hope you take em to cleaners when you go to court..... thats just freakin nuts all the **** they tried to get away with.... that housing will make a good point to the judge in court...... try and get em for lost time with the truck...... what was the total time lost with the truck????

West Coast

NHRedneck total time with out truck was 36 days. That includes this weeks work that includes taking the injection pump out and having it fixed. I am 100% confident that I will prevail in court. I have excellent documentation from very repitable shops, including certified Cummins shop. And I physical evidence. It is now just a matter of time before I am paid back......

Dave

perkins

Westcoast I hope you get awardedwhat you are asking for.I had my own shop for few years .now I only do wrench when I want some play money.My 19yr son has more commonsence than your 1st shop when he had blown fist HG he new to get the compression tester out I had to show him how to use the adaptors for the 24v.h...my daughter when she was 16 changed a intake gasket and did a tuneup on her 350 chevy.
My sons is 98 24v fire ring head Studs,7x12 HMR inj.,rebuilt inj.pump,FMS box,Georend brothers trany and triple disk con, FASS system,twinturbos hx35.ht3b built by me,
that shop need to go back to shop class 101 to learn the basic of trouble shooting.
good luck
Dale

Dave88LX

I'm speechless man. That 12-pt bolt looks like a driveshaft bolt.

West Coast

Ok, guys I am getting ready to send my certified letter to the first shop to start the court procedures. So I wanted to ask some oppinions. First shop got me for $2700. Cummins then was $2050.00 to tell me that the Injection Pump was bad. Then $1100.00 for my pump to be rebuild and $740.00 for Cummins to take pump out and re install. Truck now runs excellent.

So am I entitled to the whole $2700.00 from the first shop plus the second bill from Cummins to diagnose the first shopes mistakes? The last thing I want to do is have the judge feel like I am trying to get more than I am entitled to. My injection pump needed to be fixed. So the $1100.00 for the injection pump fix and labor to replace by cummins I will eat. It needed to be done anyways. But the first shop fixed everything but the problem....

The first shop said I had a bad head gasket because #5 and #6 cylinders where dead at idle. Remember they did a water leak down test. Water into th cylinders and past the rings.

They tore into the head without doing a proper compression test or leak down test. Yeah, they where dead at idle from the injection pump being out of phase. But I guess they forgot that they just charged me $1600.00 for a so called "benched tested" pump that was supposed to be good. Which I now know was never bench tested. And was put back on my truck out of phase and with leaking DV gaskets. I also found out the main reason they said I had a issue with the injection pump was that they broke off the timing pin when they tried to time it. So that is the reason the pump came off in the very beginning.

#5 and #6 was the same way after the new head gasket and valves where set. Because I never had a bad head gasket. I had a bad injection pump....


Cummins had the same issue with #5 and #6 when you cracked the lines at the injectors. But they found the Injection Pump to be bad. Cummins also had to flush my oil because the first shop never got all the water out of my engine after their famous " water leak down test".

Once the injection pump was fixed truck runs excellent.

So am I crazy for going after the full amount of the first shops bill and the cummins bill for diagnosing?

Thanks

Dave

P.S.
Truck is running excellent. In town milleage is 17.5 with a 101 gallons of diesel fuel in the back....!!!!

West Coast

I almost forgot, they also screwed up my AFC housing when the screwed in the U joint bolts and sheet metal screws into the AFC housing. So the injection pump shop had to put a new AFC housing on my pump. So I guess I am entitled to that money as well. So I will add another $400.00 for the parts and labor...

Man what a mess.......

XLR8R

If it wasn't for bad luck, you'd be the unluckiest fella around!

The Cummins shop charged you $2050 to find out the IP was no good?

Sounds like you are definitely entitled to be recompensed for the 1st shop's $2700 mistake and $400 AFC damage, but I wonder why you were charged so much for the diagnosis from the 2nd shop... any more info?

West Coast

Cummins was into my truck much more than just finding the IP was bad. They had to readjust the valves from the first shops attempt. They had to flush my oil twice to get all the water out of my motor from the first shop. They did a "true" compression test. And a leak down test. They did a pop test on all my injectors. Checked and reset my timing. They also had to clearance my valve covers because the first shop installed my ARP head bolts and did not clearance the vavle covers and I had a major oil leak from the vavle covers....

Dave

XLR8R

Then you ought to recover all of the costs incurred by the 2nd shop to correct the 1st shop's mistakes.

perkins

I would put the second shops copy of the bill in the letter aso that way 1st shop knows what you are giveing to the court.Don,t forget about your time that you spent at the both shops have as much info on paper.the more you have the better it looks for you. Good luck your do for some.
Dale

JKM

I see two ways to go about it, I have never been in a court room before , and i don't know if option one would fly really well because depending on a point of view , it might almost seem greedy (IMO it is not , it is fair in my eyes , and i am a wrench puller)

option 1:

IF you had gone straight to cummins , you would not have needed a new head gasket, there would be no water in the oil , etc etc. I am not sure about the head studs, they were optional as stock head bolts could have been used, my gut feeling is to subtract those from the total, as well as the 1100$ cummins charged to remove , test and re-install the IP , minus the 400$ for the AFC housing.

I see in total ( I think i got this right) that you spent roughly 5850$ in parts and labour.

So-

5850
- 1100 --- cummins shop
---------
4750
-435 --- studs , price is approx , i used the price for ARP studs from piers.
-----
4315
+400 --- Afc housing
-----
4717

So taking this route that is the total i would be trying for $4717 , it is a difference of $1133, which IMO is what it really should have cost you to get your truck fixed , you could subtract a couple hours labour from that to allow for diagnosing from cummins ( quick injector and dv swap , with a compression test included would point me directly at the pump)

Option # 2 , assume your valves did need set to begin with ( who really knows if they did or not) Assume that almost all the work cummins did ( Compression test , leak down test , valve set , injector test , ETC) all DID need done to begin with, the first shop did not do anything right, but it isn't fair that they have to pay for someone else to fix your truck ( assume you had not even taken it to the first shop for a moment here)

Your total costs were $ 5850

5850
- 2700 ----- first shop
-------
3150
-1100 --- pump
------
2050
-435 - studs
------
1615
+400 -- afc housing
--------
2015- What it SHOULD have cost you to get your truck fixed by cummins ( if all they work they did had actually been necessary without being caused by previous shop.




Finally 5850 - 2015 = 3835

In this case , 3835 is the amount I would be looking to settle for.


IMO there was nothing wrong with your truck , besides that it needed the injection pump calibrated , which cummins did for you , so IF it was me , with the documentation that you have I would definetly be looking to settle for the Amount of 4717 , The total amount of costs from the first shop , plus the costs from the second shop to repair the Damages of the first.

I would also not hesitate to have a licenced mechanic sign a letter for you stating the damages that can be caused by introducing water into the lubrication system of an engine , this to me shows extreme gross negligence on part of the first shop, present that to the judge , as well as the damaged AFC housing , and your other documentation, I think you would have a basically open and shut case. I do forsee the first shop trying all they can to wiggle out from under this though.

West Coast

JKM you bring up very good points. I already have the Cummins shop writing me several reports on my trucks condition when I brought the truck to them

I am also having a transmission shop writing up a report about how they towed my truck down the street with a tow strap. Possible damage to transfer case/trans and power steering pump if truck is not under it own power.

The first shop is in for a big suprise. When I get done with them they will not even get work to fix a lawn mover...

Do not mistaken my kindness for weakness.....!!!!!

Thanks everyone for your help on this matter

Plhorseman

West Coast...athough I am not an attorney in Nevada, in Texas we have sometimes had luck in asserting a DTPA violation. (Deceptive Trade Practices Act). This might work in your case.

Common examples of the types of business practices that may be considered an actionable deceptive trade include:
• False statement or misrepresentation made by a seller or advertiser of goods or services
• Failure to deliver goods or services within a reasonable time or to make a refund for the goods and services if refunds are allowed
• Failure to disclose a material fact concerning goods or services
• Failure to obtain all required state, county or city licenses before conducting business

Also, check out this website. It is the Nevada DTPA statute.

http://leg.state.nv.us/NRS/NRS-598.html#NRS598Sec990
(see specifically the very bottom on repairs)

You might want to check the jurisdictional limits for your small claims court. In most jurisdictions, you are limited on the amount you can sue for in any particular court. You may well be over the limit for Nevada small claims courts.

At the very least, you should be entitled to relief in the amount that would make you "whole." That legal mumbo-jumbo just means that you are entiltled to an amount of money that you should not have had to spend to fix the original problem.

You might at least throw in the DTPA thing in your letter to the 1st shop. They should know what it means. (things like treble damage recovery)

Hope this helps some. Good Luck!

Glen

West Coast

Thanks Glen for the advise and link. Nevada's small claims court limit is $5000.00. So I will be enough for what I am seeking. I will post back info as I continue to follow up on the issue.

Dave

mulercr88

I understand your problem has gone south, but I do know a shop that is the best i have seen and dealt with EVER. They built my 01-3500 motor and trans and i have never had a problem with anything. At the rear tires im putting down 700+ hp, and1800+ tor, and I hammer it. Earb brothers in Turlock CA, 209-632-3838, they are family owned and build Pro Comp pulling. Call Bill and see what he thinks