Question Eight
Please describe your complaint in detail (attach extra sheets if necessary)

Introduction

On 6/21/00, I contracted with Able Fix-A-Wreck in Austin to repair my car, a 2000 Camaro Z28. The car was wrecked and as a result, had body and frame damage. I paid Able Fix-A-Wreck $4,465 to repair my car.

Able Fix-A-Wreck knowingly did not perform the work contracted, and attempted to cover up the faulty work performed on the car. As a result of this, I was forced to take my car to another body shop, Reyes Auto Body, to complete the car repairs.

As a result of Able Fix-A-Wreck�s actions, I believe Able Fix-A-Wreck has violated the Federal Trade Commission Act under Subchapter B GUIDES AND TRADE PRACTICE RULES Part 17.

Federal Laws Able Fix-A-Wreck Violated
17.46 Deceptive Trade Practices

(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he does not;

(7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(13) Knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service;

Timeline of Events

On 6/20/00, I wrecked my Camaro in a one-car accident. The car had front body and frame damage.

On 6/21/00, the Camaro was released from Rocha�s Towing to Able Fix-A-Wreck.

On 6/22/00, I faxed a letter to Able Fix-A-Wreck detailing my concerns for the car. I said in the letter that the frame and drivability of the car was the number one priority. (Evidence P)

On 6/23/00, Able Fix-A-Wreck faxed first estimate. It was for $2,068.17. I requested a second estimate to repair the body. (Evidence C)

On 6/26/00, I received the second estimate for an additional $2,100.48. The manager assured me this was the total cost and I authorized repairs. (Evidence D)

On 6/28/00, I mailed a deposit check for $2000.00. (Evidence I)

On 8/4/00, I receive a call from Able Fix-A-Wreck Wreck about the car. The manager said the car was finished and to pick up the Camaro. I pay a final check for $2,465.64. (Evidence H) When I am walking toward the Camaro to drive away, I am told it needs to be taken and aligned. The mechanic said if it did not pass alignment, to bring the car back for them to �massage the metal some more.�

While driving the car home, I am unable to exceed speeds of 45mph. The car makes grinding sounds beyond that speed. That night, I notice the brake lights do not work, and the engine sits low in the engine bay. I also notice the paint on the hood is chipping, and the new headlight does not seal properly with the body of the car. I also notice the car leans to one side by over one inch.

Continuation of Timeline

On 8/5/00, I leave two voicemail messages with Able Fix-A-Wreck informing them that I will be bringing the car back Monday. The car was not fixed.

On 8/7/00, I take pictures to document the cars problems. I drive the Camaro with the hazard lights on to Able Fix-A-Wreck. (Evidence B)

On 8/8/00, I meet with the owner�s representative to discuss these problems. After one hour of argument, I have on micro-tape that we agree that I will pay for the parts, and they will pay for the labor to fix the car. (Evidence Q)

On 8/11/00, I, once again, pick up the Camaro from Able Fix-A-Wreck. The car drives strangely. I take the Camaro straight to the alignment shop, Speedy Align. The technician tells me the car is still not repaired. I notice the engine is still dropping out of the engine bay, and the car grids at every stop and start. These are the major issues; there are many minor ones I will list later.

On 8/12/00, I drop the Camaro off at America Service Auto Center. I ask them to find out what is wrong with the car.

On 8/13/00, I speak with the mechanic who looked at the Camaro. He informs me Able Fix-A-Wreck has committed �fraud� by covering up the bent frame. Able Fix-A-Wreck has also claimed to replace the radiator core support but instead simply painted the metal over. (Evidence G)

On 8/16/00, I contracted Reyes Auto Body to repair my Camaro.

Federal Laws Able Fix-A-Wreck Violated
17.46 Deceptive Trade Practices

(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he does not;

(7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(13) Knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service;

Catalog of Evidence

Pictures of the Camaro

A. Eight Polaroid pictures of the Camaro taken on 8/16/00. The car was on the lift at Reyes Auto Body. These pictures show some of the visible damage with comments by owner Rick Reyes on pictures.

A1. Nine Polaroid pictures made of the Camaro when the frame was visible. These pictures where taken in early September. They show the substandard welding done by Able Fix-A-Wreck.

B. Sixteen high gloss pictures of the Camaro taken on 8/7/00. These pictures are taken after the first delivery of the car. The pictures show the car leaning to the driver�s side by one inch on stable ground. They show the engine sitting to low in the engine bay. They show the exhaust pipes sitting several inches too low to the ground. They show the driver�s side bushing under tremendous strain because the car�s frame is off.

Documents from Able Fix-A-Wreck

C. 6/23/00 estimate & contract for Frame repairs. Total is $2,068.17.
D. 6/26/00 estimate & contract for Body repairs. Total is $2,100.48.
E. 7/9/00 contract for Able Fix-A-Wreck to pay labor to fix engine and transmission
F. 8/14/00 Print out of statements made on Able Fix-A-Wreck Wreck�s web site.

Documents from America�s Service Station

G. 8/13/00 Technician found the frame of the car was still bent, the radiator core must be replaced, the frame needed to be straightened, and the tie rod was bent.

Copies of Checks written

H. 8/4/00 Check to Able Fix-A-Wreck for $2,465.64.
I. 6/26/00 Check to Able Fix-A-Wreck for $2,000.00.
I1. 9/20/00 Check to Reyes Auto Body for $3,934.63.

Reyes Auto Body Documents

J. 10/10/00 estimate and final cost for additional repairs $368.88.
K. 9/22/00 estimate and final cost for car repairs $3,934.63.

Eric Russell�s Personal Documents

L. 6/20/00 � 8/14/00 a timeline of events I wrote.
Continuation of Catalog of Evidence

M. 8/7/00 Letter given to Able Fix-A-Wreck stating my concerns about the Camaro.
N. 8/12/00 Letter I faxed to a lawyer about Able Fix-A-Wreck.
O. 8/12/00 Letter I handed to America�s Service Station for them to examine the car.
P. 6/22/00 Letter I faxed to Able Fix-A-Wreck detailing my priorities in fixing the car.
Q. One hour long Micro-Tape recording the argument on 8/8/00 with the owner�s representative.
R. Recordings of the Able Fix-A-Wreck manager leaving messages on my answering machine.

Details of Car Work done by Able Fix-A-Wreck
Total Cost of $4,465.00
Frame Estimate 6/23/00

Replace & Repair headlamp assembly
Cost: $283.00 Labor: 1hr

Replace & Repair radiator support assembly
Cost: $484.46 Labor: 8.1hrs

Pull & Align Left Apron assembly
Labor: 7.0hrs

Pull & Align left frame rail
Labor: 6.0hrs

Pull & Align Motor Cross member
Labor: 8.0hrs

Setup & Measure
Labor: 3.0hrs

Replace & Repair lower control arm assembly
Cost: $164.00 Labor: 1.3hrs

Total for 6/23/00 estimate from Able Fix-A-Wreck is $2,068.17.

Body Estimate 6/26/00

Replace & Repair Left Front fender
Cost: $212.55 Labor: 1.5hrs Paint: 4.0hrs

Replace & Repair front bumper cover
Cost: $399.00 Labor 1.9hrs Paint: 4.0hrs

Replace & Repair Front Hood Panel
Labor: 1.2hrs Paint: 6.0hrs

Replace & Repair absorber impact
Cost: $93.10

Replace & Repair front bumper upper retainer
Cost: $85.00

Blend Paint
Paint: 4.0hrs
Replace & Repair parking signal
Cost: $48.62

Total for 6/26/00 estimate for the body is $2,100.48.

Total Cost for Reyes Auto Body to complete the work Able Fix-A-Wreck Wreck did not finish
$4303.51

Reyes Auto body had to do this work below. This is the same work I contracted and paid Able Fix-A-Wreck to perform. Able Fix-A-Wreck did not complete the job as contracted.

List of the �Re-fixed� items by Reyes Auto Body

Front Bumper
Front Lamps
Fog Lamps
Radiator Support
Fender
Front Suspension
Steering Gear & Linkage

Summary

In good faith, I trusted Able Fix-A-Wreck Wreck to repair my car. They knowingly violated that trust and did not complete the work contracted. This cost an additional $4303.51.