Unethical Business Conduct or Fraud ?

Hi,

I am currently involved in a dispute with a merchant regarding credit card charges for merchandise which was never delivered.
I purchased a remanufactured engine from a merchant (Motorcrate Engine Sales aka Cylinder Head Specialties) in Portland, OR over the phone in September. The engine was destined for my local mechanics shop for a vehicle which was towed after a major breakdown. After researching information on their website and requesting background information on the business (length of time in operation, quality controls, Guarantees etc.), I provided my credit card number over the phone for an engine quoted at 1,495.00. I was given a delivery date of 3 days to my mechanics shop. Delivery required mechanic or his staff to be present to accept delivery of engine crate.
My mechanic informs me on the 4th day that merchant failed to deliver the engine and has not received a single call. I Contact merchant who reschedules delivery for 3 days later. This scenerio continues for an additonal 3 weeks, each time requiring ME to contact the merchant for a revised status. My mechanic now informs me that he may have to charge me for storage of the vehicle which has been occupying his service bay unless we are to agree on a short term repair solution.

After contacting the merchant again, he attempts to reshedule a "tentative" 4th delivery, I inform merchant that I am cancelling the order due to numerous delays and his inabilty to manage a delivery schedule. Ironically, he then informs me that he would have to charge me for shipping charges . (For a product which was NEVER delivered and quoted for FREE local delivery) I inform him that I will dispute any charges that he attempts to collect from my credit card company and would file complaints w/ the BBB and Oregon State Attorney General's office.

Although the charges were initially credited from my credit card account, I have recently learned that they have been reversed and I am now being charged $1,595.00 ($100.00 over what I was quoted) for a product I never received. The credit card company has informed me that the merchant has provided evidence of a signed invoice which states a "NO REFUND" policy and the matter is no longer under their control.

The result of this entire situation is:
-A $700.00 bill from my mechanic who made the necessary short term repairs (bandaid) just to get the vehicle out of his shop and running temporarily until I was able to locate a reputable merchant.

- A $1595,00 bill from my credit card company for a
product which was never delivered, signed for or no longer wanted for that matter. (bitter taste)

I have filed complaints w/ the BBB (Complaint #10 in the past 36 months and the ONE place I neglected to research, Grrr) and the Attorney Generals office with no responses thus far. I have Also faxed images of the merchants website and Ebay store advertising FREE local delivery and and a 100% Satisfaction Guarantee or your MONEY BACK policy to my credit card dispute specialist
in an attempt to reconsider disputing this case.

I would sincerely appreciate any advise on legal recourse
on this matter.

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior... You may also report them to your state attorney general's office.

Thank you for the response. Complaints have been filed w/ the BBB and the attorney generals office and now under investigation.

Hello, not sure if you are still watching this post. I ordered a custom built $3600 engine from Motorcrate on 10/8/2007. I was initially told that I would recieve it in two weeks, here it is the middle of december. I am a pretty patient guy from the fact that I didn't always get my calls returned and the other excuses I have been given over this time period. They said the engine shipped this week and gave me a trucking tracking number which appears to be bad. I talked with the trucking company and they told me that they could have a book of numbers and not necessairly have to have a truck pick something up to get one. I kept checking the number on the internet and with the shipper to no avail. Motorcrate told me that the engine left on Tuesday, I talked with the shipper on Wednesday and Thursday this week, they told me there was not even a truck that showed up there on tuesday! I am supposed to have my engine tomorrow but am not betting on it. I would be interested in talking in more detail to you about the outcome and what you have done. I am usually and was very vigiallant on picking these guys out but looks like a bad choice, don't even know if I will get my four years savings back for this motor.

I did order this on a credit/debit card through my credit union. Do you think it would be possible to have them reverse the charges? Other than a lawsuit or sending the Men in Black to get my $$ back what else can I do?

thanks.

Our shop has been purchasing engines from Motorcrate Engine Sales for over 10 years. We have never had a problem with their products or supply of their products. I called Motorcrate Engine Sales and brought this post to their attention. They confirmed the order for the custom engine. They said the customer was informed up front about any delays. All custom orders will take longer when the customer makes changes during the build. As for the undelivered engine. This customer ordered an engine and requested a delivery to his mechanic. Motorcrate Engine Sales delivered the engine to the mechanic as instructed. They use the same freight company that delivers our engine orders from Motorcrate. The freight company has provided Motorcrate Engine Sales with a signed proof of delivery. I find it interesting that Motorcrate, the freight company and the credit card company do not believe this story about an undelivered engine?? I believe that the problem might be between the purchaser and his mechanic?? Motorcrate Engine Sales sells thousands of engines a year and has admitted that they will not always be able to please everyone, especially customers that don't always provide the entire story.

I have purchased two custom engines from Motorcrate Engine Sales. Both engines arrived on time. They bent over backwards to help me with problems encountered with one of the engines. It turned out that I made the mistake but they helped me anyway. I am getting ready to order another engine from these guys and wanted to know if I should be concerned. They told me that the custom engine has since been delivered. They also explained their side of the story. Remember, there is always two sides to a story! Needless to say, I placed my order.