Sunday, July 3, 2016

Litigation Eminent

I hate the situation I'm in right now.  It's ridiculous that this is going to end up as a court case, but the fact are the facts.

On Friday, June 10th, 2016, we came down cedar breaks with the RV and SUV and had smoke come from both vehicles brakes since it was such a steep decline.

On Saturday June 11th, 2016, we went to A-Kicking Truck and Tire, formerly known as Desert RV and Automotive to have the brakes on our 2006 Nissan Armada and 2015 Fleetwood Jamboree Class C RV checked and repaired.  The RV was fine.  The Armada needed new brakes and a new brake calper (sp?)  While we were at it we had them change the oil on both vehicles.

The did not have the calper (sp?) for the Armada.  They needed to order the part.  We had to dry camp in their lot until Monday, when the part came in.

On Tuesday, June 14th, 2016, we left the repair shop with all our repairs done and oil changes performed on both vehicles.  We paid in cash.  We have the dated receipt.

As we were driving from Cedar City to Pioche Nevada on Highway 56, I was driving the RV and my elderly mother was driving the SUV.  She heard a knocking and then the engine seized.  The car would not move.

After being disabled on the highway for some time, we determined that they FORGOT TO PUT IN OIL when they performed the oil change.  Our SUV's engine was destroyed.

Someone (not us) called the police while we were disabled on the side of the road.  The officer came at the same time as the employees from A-Kicking Automotive.  The SUV was towed back to the shop.  The officer gave us his card and said if there was any problems to contact him.

A-Kicking Automotive paid for us to stay at the KOA campground next to them while they repaired the engine.  Landon Pilkey, co-owner of A-Kicking Automotive, told the KOA agent over the phone that we would likely be there SEVEN TO TEN DAYS.

While we were at the KOA I contacted the deputy and got emailed a copy of the police report from when we were disabled just in case A-Kicking Automotive forced us to go into litigation.

The police report states that we were disabled due to a BOTCHED OIL CHANGE.  It had the date and time when we were found on the side of the road by the officer.  It states that Desert RV and Automotive towed us off the highway.  Two employees agreed that the engine would be replaced.  (THANK GOD I GOT THIS POLICE REPORT!!)

I found out that the KOA was over $60 a night.  I called Landon Pilkey and said I would find a place to camp for less money because I felt bad that he would have to pay for our camping fees as well as the $3,000+ engine.

We left the KOA the next day, on Tuesday, June 14th.  We went to Parogan Gap and dry camped (boondocked) for four days.  On the fifth day we realized there was a heatwave coming and went to Camp Lutherwood to wait out the heatwave.

We stayed at Camp Lutherwood for seven days, paying $15 per day.  We could not get a phone signal in the mountains, but were able to get Internet on the campground wifi.  I had the business card from A-Kicking Automotive with an email address, so I sent them an email.

On Saturday the 25th of June we left to continue dry camping since the heat wave was over.  Landon Pilkey replied to my email with the following:

Oh good.  It will be done Wednesday.  He has no reason to lie to me, right?  Great.  I proceeded to find a shitty place to camp because I knew we would be leaving Wednesday anyway to get the SUV.  We could proceed with our journey and book a nice campground for the month of July in Sparks, Nevada, like we planed.  Yay!

We camped on the side of Highway 20 on BLM land.  It sucked, but whatever.  We'd be leaving soon.

Here comes another email.

OMG, WTF?  Friday will bring us to July 1st.  There's no way I can get from Cedar City to Carson City in one day with my mother following behind me.  She can only drive in the daylight due to her vision problems.  In the Reno/Sparks area in August is 'Hot August Nights' some big event that books up all the RV parks and hotels.  So I can't get a monthly booking after July 1st.

Ah, frick.  So much for staying at that nice campground in Sparks.  I cancel my reservation.  Shit happens.  Whatever.  As long as we have our car back on Friday everything will be fine.

I call him Thursday to let him know that we'll be there Friday at noon to pick up the car.

"It's probably not going to be done until 5pm or 6pm Friday."

-_-  What?  Why are we not good to go?  It seems to me that he's trying to hand our car over to us at closing time so we can't bring up any complaints when we inspect and test it.  If it was done Wednesday, and tested Thursday, then why isn't it ready Friday?  Why is he dicking me around?  I'm really fed up.

It's  June 28th at this point.  It's been more than seven days.  It's been more than ten days.  In fact, it's been two weeks.  That's two weeks that we didn't need or want to stay in Utah.  We could have dry camped in Carson City through the heatwave.  We wasted money being somewhere we don't want to be.

So I got annoyed on the phone.  I'm annoyed that someone would dick me around after destroying my vehicle.

And so, today, Saturday Morning, I stupidly went there to get my SUV.    We were supposed to pick it up yesterday at 5 or 6, right?  So noon on the next day should have been fine.  I expected to see my car in the parking lot.  I expected to be able to get out of here today and put this nightmare behind me.

What happened?  He said he sent me an email.  Well, I didn't check my email this morning.  I just came here.  Is the car ready or not?

"We need a couple more hours."


FINE.  We went grocery shopping.  We went to a feed store.  We went to a clothes store.  Coming on 4pm I thought they had enough time and I went back.

And as I was walking up there they were locking the doors and jumping in a car to peel away.


But the idiots got stuck in traffic.  So I ran up to their car and screamed into their window.


"It's not done.  It will be done when it's done.  I'm not giving you anymore time estimates."

Some more words were exchanged, but whatever.  I walked back to the RV in the adjoining lot sick to my stomach.  Landon Pilkey is despicable.  How can anyone treat someone like this?  If the car wasn't done then don't lie to me.  And then lie again.  And keep lying.

I had to tell my poor mother what happened.  And she became as sick as me.

For several minutes I'm too sick to do anything.  Monstrous people have my car.  A car they destroyed.  And they're people with no remorse.  People who don't care how much they make other people suffer.

I refused to camp on the side of the highway again.  We drove to Pioche.  It took $66 dollars worth of gas to make the 90 minute drive and it will be another $66 to get back if/when we ever get our car back.

I'm not an idiot.  I know that this repair shop does not have the skillset required to replace my engine.  The owner thought it would be done sooner because he really doesn't know what he's doing, and neither does his employees (one of whom forgot to put oil in the car in the first place).

So I have no choice but to contact another garage and get the SUV towed out of this place.  Someone else will have to fix their mistake, and I will have to pay the upfront costs.

And then, sadly, I'm going to be condemned to even more time in the horrible place called Cedar City when I take them to court to be made whole again.  I will sue for the work the other garage charges me for and for the campground expenses during the heatwave.  I kind of knew this was going to end up like this.  That's why I was gathering evidence right from the beginning.

It sucks, but what else can I do?  This is just going to keep dragging out.  I want my car back.  I'm not going to continue to be a victim of this company's incompetence.

In the meantime I've returned to the free RV park in Pioche where we are comfortable and feel safe. 

1 comment:

  1. So whatever happened to your car and did the whole situation get resolved?