The Troubleshooter 2-28-25

Episode Transcript

Speaker 1 (00:05):
Ripped off need so you don't have to.

Speaker 2 (00:13):
Come running.

Speaker 3 (00:14):
Just as fast as we can.

Speaker 4 (00:16):
Shooter's gonna help come.

Speaker 1 (00:20):
This. It's the Troubleshooter Show. No, Tom Martino, Welcome to
the show, mister Martino. Hey, I'm Tom Martino. Welcome. I'm here.
We know you're here. Oh I'm sorry. Hey, why isn't

(00:40):
your camera up and running? Don't know, I'll go eyeball
it in a second. It should be maybe are you
sure you don't see it? No, I don't see it.
But anyway, if I'm talking to those who are streaming,
it's no, they don't see the camera. But well I'm
on YouTube. Just not they're not on YouTube. And welcome
to the show. By the way, everyone, Mark, what were

(01:02):
you going to say? Is Car Day? Keep going? Brother?
Well that's it, It's Car Day. We got Kevin Coukin
sitting here. We've got an update with Dmitri. Boys, you
miss a doozy yesterday. Somebody's trying to hood when he
could call her. It's a crazy story. When you want
to get into it, let us know and I can
recap it. But let's let's see. Let's see what we

(01:23):
got on tap here. It's car day. We're going to
take calls on cars or anything else, but we emphasize cars.
I found out some interesting things about cars, man, I've
been doing a lot of research on different things, and God,
there's just so much people are rushing. I've noticed to
the EV market. That doesn't necessarily mean it's a good thing,
but everyone is trying to get in. I'm wondering how

(01:48):
fast is our EV's going to take over in general.
But I think that's a good topic, and I think
that I also want to examine how people can get
ripped royally with leasing, but how they can be excellent.
And then I want to talk about mechanically some things

(02:08):
we're talking about with hybrids. Should we all go hybrid instead?
Is that really a safe option? There's all kinds of stuff,
So Mark, what is this problem? Let's start with it. Well,
here's the bottom line. Dmitri get on there too, because
you're really the guy working on this. The caller's name
was what Chelsea. So Chelsea called up. She bought a

(02:30):
car from Mile High Auto Sales. The car twenty fifteen
Chevy Suburban. Yeah, so one hundred and sixty miles later,
the dash lights up like a Christmas tree and something's
going on with the transmission. She ends up at this
this repair shop. She had a warranty on this car.
By the way, they sell it three month warranty, yeah,

(02:53):
with four thousand miles, So it's basically, hey, it's not
a really bad car because they back it with that.
So they have a three month, four thousand mile warranty
on the car. She brings it over to a shop
and the shop is called.

Speaker 5 (03:07):
Nichols up there around fiftieth and kipling on.

Speaker 1 (03:10):
Yeah, Nichols Auto. What is a Nichols Auto Repair? I
believe we'll get the exact stuff up. So Nichols takes
it in and basically says it needs a transmission. She
gives a warranty information to him. He calls up the
warranty company and this is, according to him, the first
time in fact, can we pull that up, Shannon? Do

(03:31):
you still have that there? Or is that dragging back there?
I'm not sure which one's back there. I'm gonna the way,
I do have your camera up, so keep going. Your
camera is up, then I'm gonna try to get that
audio pulled up for you. But here's the bottom line.
The guy tells us right on the air. After we
get him on the air, he tells us he called

(03:52):
up and got approval, although he didn't get an approval
number from the warranty company and fixed it, and the
warranty company doesn't want to pay him, so now she
owes six thousand dollars. The problem with that is she
never authorized your repair period at vendor story. She just
gave him the warranty information. And but what about the yeah, yeah,

(04:15):
So why is he went ahead and did it without
getting approval for the warranty And now the warranty company
is saying, there's no way it's six thousand dollars. We
come out, we send an adjuster out, we look at
it and make sure it's everything you're talking about. They're
basically saying, you blew it. It's too late. We would
have covered it, but this guy didn't. It didn't do

(04:36):
what he was supposed to do. He didn't he didn't
go through the process, and so I want to find
out where it stands. One quick note, Kitchina, I really
appreciate it. He got the camera up. Just do me
a favor, though, Kelly. Just just move it over to
where the beat on bra to the right side. Just
just make it centered in the frame. You don't have to.
When you look at YouTube, there is a lag when

(04:57):
you try to set the camera and you're not getting
an accurate picture of that. So just look at the viewfinder. Okay, So, Dimitri,
what's new on it?

Speaker 5 (05:07):
Well, you know, yesterday after the show, I came into
possession of a few really important documents, the most important
of which is a letter from the warranty company to
Chelsea in which they deny her claim. And what's useful
about this?

Speaker 1 (05:22):
Deny it? You mean because of how it went down?

Speaker 5 (05:24):
Yeah, What's what's important about is the timeline of these events.
Chelsea had the car delivered to Nichols on the thirteenth
of January and.

Speaker 2 (05:35):
Now, oh, and then.

Speaker 5 (05:41):
I'm switching over to the letter that the warranty company
sent to the caller on January twentieth. According to the
warranty company, Nichols Auto Repair opened the mechanical claim on
behalf of Chelsea's car. The representative from the warranty company
told Nichols that they need to get freeze framed data

(06:02):
for when the transmission codes were set, and that sounds
pretty reasonable. Nichols said that they'll attempt to get that
data for the warranty company, and then the letter skips
over to January twenty second, in which they say that
Nichols Utter Repair called the warranty company and said that
there was no freeze framed data available and that the

(06:25):
vehicle had already been repaired, and based on the fact
that the warranty company wasn't able to examine the car
before the repairs were affected, they're denying the claim.

Speaker 1 (06:37):
So, okay, well that sounds weird. I mean, you know,
I mean no yet, I think, in my opinion, this
guy's a total deadbeat and he didn't do anything right.
Now he's holding her car hostage, and this poor woman
just bought the car, and he screwed up every possible
way there is to screw up. I had Kevin and

(06:58):
Jeff both on and is you know I own good
years forever and dealt with this stuff. Not one time,
not one time, would we ever do a repair without
having an approval number so you can get paid. The
guys are moron. So the fact that he but okay,
let's be clear here. If she took her car in there,

(07:20):
I am I guarantee you somewhere there's an invoice that
says she's responsible.

Speaker 2 (07:25):
Yeah, I'm glad you brought that.

Speaker 5 (07:27):
I'm not to because in addition to the documentation I
got from the warranty company, I also have a work
order from Nichol's Order Repair, and Chelsea had confirmed that
she actually signed it. Now, under the scope of work,
all it says is transmission rebuild, which is which is

(07:47):
pretty broad and that with Chelsea also, but.

Speaker 1 (07:51):
Dealer center there right, what's that dealer center there?

Speaker 5 (07:56):
No, she she told me that she else.

Speaker 2 (08:00):
He took her card.

Speaker 5 (08:01):
The dealer said that the transmission has a problem.

Speaker 1 (08:04):
And now here's what I want to know. Who chose
the repair shot She did.

Speaker 5 (08:07):
She wanted to go specifically to Nichols because she's been
dealing them with them for several years and she's had
positive experiences there in the past, so she that she
wanted them to complete the repairs. Unfortunately, Chelsea also has
what I think is going to be a problem because
the work order actually specifies transmission rebuild, nothing about diagnostics.

(08:31):
It doesn't mention anything about a warrant and extended warranty.
And also she checked off let.

Speaker 1 (08:37):
Me get this straight, when she took it to Nichols
Nichols simply had her sign an invoice and did the repair.

Speaker 2 (08:43):
Is anoice, it's a work order. But but listen to
what okay?

Speaker 1 (08:49):
And she signed a work order and now they want
to be paid for the work. You know, there was
nowhere mentioned go ahead.

Speaker 5 (08:57):
So isn't this So there are three boxes that she
checked off, which I don't think she should have. One
of those boxes says, I do not request the written
estimate okay. The second box says that repair approval verbal okay,
even though she had the option of checking written. And
the third and final box, which doesn't really help her

(09:20):
regarding the old parts, says I do not request the.

Speaker 2 (09:23):
Return of my old parts okay.

Speaker 1 (09:25):
And then she said, but here's what's even more important. Okay,
here's what's even more important. Does anywhere on that work
order does it mention a warranty?

Speaker 2 (09:36):
No, there is, There is no mention.

Speaker 1 (09:39):
Then why does Mark feel by them not checking with
the warranty? Because he came on the freaking air and
admitted it was that way. That's why Tom he was
on the air and we have the recording of it.
He said he was dealing with the warranty company they
gave him approval, then all of a sudden they decided
not to pay them, which is all come complete bs,

(10:01):
because these warrants. Nichols literally lied saying that he called
the warranty company when they worked it.

Speaker 5 (10:13):
I prefer to think of that as a inaccurate statement
not currently supported by the evidens.

Speaker 1 (10:18):
Thank you, mister Biden. Thank you, mister Biden. Okay, so
or Hunter, So when Dragon comes in, we'll find the
audio so you can hear it. I mean, it's it's
the most damning thing I've heard. But then the guy calls,
why didn't he He should have just said he should
have just said, I have a work order here. She
took it in for a transmission, rebuilt period. She he

(10:38):
didn't have to say a word. And because nothing references
the warranty except him on the radio show, correct, is
that right?

Speaker 2 (10:48):
Yeah? And he gave us too conflicting.

Speaker 1 (10:49):
The only reference to a warranty is what he said
on the radio show. Yes, So basically, right now, he
has a car he wants to be paid for. And
and and you guys are saying and I'm not just agree,
I'm trying to get the facts. You guys are saying,
he shouldn't be paid because he should have waited for
approval on the warranty. I'm waiting. In my opinion, he's
a liar, That's what I'm saying. And if he lied, Mark, Mark,

(11:13):
if he lied, I get it, but I get it.

Speaker 2 (11:16):
But if he.

Speaker 1 (11:16):
Truly did rebuild the transmission now and we did not
get it he did, we don't know what he did.
He said he was dealing with the warranty company, and
apparently he did. We get him back on. I'd like
to talk to him. Yeah, No, he won't come right now.
What is he saying? He did he rebuild her? Why
did you? Did you blast him? No? I didn't blast
him at all. I thought Dimitri was going to get

(11:38):
somewhere on this, meaning this guy was going to come around.
But I don't think he's going to do any How
much does he want right now? This woman has nothing.
How much does he want right now?

Speaker 2 (11:48):
Six?

Speaker 1 (11:51):
Okay, let's get her back on.

Speaker 5 (11:55):
I already sent her both an email and a text
message asking her to call in right now if she
has to time. And Uh, Tom, I think that it's
important for me to actually update you on the second
conversation we had with.

Speaker 1 (12:06):
Yeah, you Ken when we come back. I'm Tom Martinez.
We got more coming up on the Troubleshooger Show. Three
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twenty two almof the Air. Hey, I'm Tom Martine, your troubleshooter.
Three o three seven one three talks seven one three
eight two five to five. Okay, so listen, we're talking
about this one car problem. She bought a twenty fifteen

(13:15):
Chevy Suburban. She had some transmission problems. It was under
a three month warranty. It was under the warranty. She
took it to her but her person, somebody she trusted, Nichols.
She signed a work order and then he rebuilt the
transmission want six grand. So they asked him on the air,
why'd you do this? You should get approval from her
warranty company. Now, the work order doesn't mention the warranty.

(13:38):
Nothing mentions the warranty in writing. But he acknowledged on
the phone. According to all my guys that he said, Yeah,
I called the warranty company and they approved the repair,
and then they decided not to cover it. And Mark,
you're saying that we talked to the warranty company and
they never approved it. Is that right?

Speaker 5 (13:56):
We didn't talk to the warranty company. I got the
denial that from the warranty company.

Speaker 1 (14:01):
He did not wa How do we know he didn't
talk to the warranty company, That's all I'm asking.

Speaker 5 (14:08):
Actually, he did talk to the warranty company twice the
first time he called them, he opened this claim and
the warranty company said that they require certain diagnostic data
in order to consider the claim. Approximately two days later
he called them to say this is according to the
warranty company. They said that Nichols called them a couple

(14:28):
of days later said the tag diced agnostic.

Speaker 2 (14:31):
Well, two things that are very important.

Speaker 5 (14:34):
The diagnostic data that the warranty company had requested is
not available. And the second thing was, by the way,
I already fixed the thing anyway.

Speaker 1 (14:44):
Right, And that's what the warranty company tool.

Speaker 5 (14:46):
That's what the warranty company said in a letter. They
denied the claim, and they highlighted the part of the
warranty contract that says they need to have the opportunity
to inspect the car.

Speaker 1 (14:57):
Okay, so the warranty company said. Warrant company said, Nichols
called and and it was supposed to get them diagnostics.
Instead it fixed.

Speaker 5 (15:05):
That's the name of the business. What is James, James
that Nichols repair?

Speaker 1 (15:12):
Okay, Okay, Well that sounds that sounds like he's got
a problem. He went ahead and fixed it anyway. And
I know why he did. He did because he thought,
look at I got this car in my my house,
my house here, I'm not gonna screw around with it.
She signed the work order. I'm gonna fix it if
she's gonna get paid. You know, That's what's going through
his mind. So so nowhere, where are we at with this?

(15:34):
What are we going to do with that? And how
are we going to solve them? He acknowledged all this
yesterday on the air.

Speaker 5 (15:42):
On the air, he claimed that he got verbal approval
from the warranty company, and then off the air, he
called me about an hour after that, and uh, and
James said, Hey, I was nervous.

Speaker 2 (15:54):
I was on the radio. I misspoke.

Speaker 5 (15:56):
What I meant to say is that I called the
warranty company to simply add, is this the type of
repair that you cover?

Speaker 2 (16:03):
And they said yes?

Speaker 5 (16:05):
And that is I think substantially different from what he
initially told us, and I, in my personal view, the
second statement was crafted specifically for the response to our inquiries,
whereas the first one was here is my here's the
whole here's the entire question I want everyone to weigh
in on.

Speaker 1 (16:22):
Here's the question. When we boil it all down, did
he violate that work order?

Speaker 2 (16:30):
No?

Speaker 5 (16:31):
The wark order says rebuild the transmission.

Speaker 2 (16:34):
I disagree.

Speaker 6 (16:35):
He still has to provide an estimate of the cost
and the time involved and everything else. He can't just
she waved it. She waved, she waved a written estimate.
She didn't wave the estimates. Okay, he agreed to a
verbal one. Okay, a verbal estimate, which he never did
he give her a verbal one?

Speaker 2 (16:51):
No?

Speaker 1 (16:51):
Did he give her a verbal one? And does he
claim he gave her a verbal one that I don't know?
By the way, And by the way, Kevin, you know, Kevin,
you know this as well. With a verbal estimate, even
with a verbal estimate, you have to write down the time.
And we have her, we have her on right now. Chelsea,
have you been listening to this conversation.

Speaker 7 (17:14):
Just for about two minutes?

Speaker 2 (17:16):
Well?

Speaker 1 (17:16):
What what? Let's go back to this. Did you verbally you, Chelsea?
I got a couple of things to ask you. I
got a couple of things to ask you, Chelsea. When
you took the car in, he's presented you with a
work order and you signed, and you signed it. Did
you tell him about your warranty?

Speaker 8 (17:33):
Yeah?

Speaker 1 (17:36):
And did you give him the number? Did you give
him the number to call? And all that? Right? Did
you give him the number to call so he could
call the warranty company. Okay, and then did did where
you where? It said that you waved your right to
a written estimate, but you would get a phone or
a verbal estimate. Did you ever get a verbal estimate?

Speaker 9 (17:56):
No?

Speaker 7 (17:56):
I never got anything until the warranty company called me
and told me they weren't going to cover it because
the work was already completed.

Speaker 1 (18:08):
And so the work was already completed. And he had
never given you an estimate ever. No, Okay, now here's
what I want to ask you another simple question. Had
he given you the estimate and said, Chelsea, it's going
to be six grand, whether your warranty pays or not,
what would you have said, Oh, don't do it.

Speaker 7 (18:31):
I'm going to go talk to the dealership that I
got it from.

Speaker 1 (18:35):
Okay, all right. What does the dealer say now about
this whole thing? Do they feel any responsibility or no?
But they said no, we can't help it. You took
it to your own guy, right. Yeah. Basically, so the
question is did he violate? Did he violate that contract?

(18:58):
And what does that cost? How much would you have
paid for that transmission? Nothing? What? What? Let me ask you?
I mean, you your warrant, you wouldn't have paid one
hundred percent for it anyway, I doubt no. I mean
I don't know what and that's why. How much were
you expecting? How much were you expecting? How much wed
you expecting to pay out of pocket for this transmission?

Speaker 7 (19:21):
I honestly didn't know, but I figured I would have
to pay somewhere between one and two thousand dollars.

Speaker 1 (19:29):
Okay? And did you, by the way, had this checked
out before you bought it?

Speaker 8 (19:33):
Two dollars?

Speaker 1 (19:34):
Yeah? The guy called you already paid No? No, no,
you already paid Nicholas a thousand. Explain why you paid
him one thousand, Chelsea? Tell him about the phone call
from the guy. Because he was going to wait for
what he needed money before what.

Speaker 7 (19:50):
Before he could make payroll. He said his payroll was
due and he had to pay his guys that worked
on my car.

Speaker 1 (19:57):
Okay, I mean it could be his payroll, could be
brace for the kids. I don't care why he needed it.
He needed it, but I don't Mark. It doesn't matter
why he needed The question is I know now we
got a car to get it back? What she said yesterday, though,
Tom was this he needed that thousand? Then he was

(20:21):
going to give it back to her, right, Chelsea, after
he got paid by the warranty company. Yeah, probably, I probably.
It probably was for teardown. There was probably teardown or something.
Look at it doesn't matter what The main question is this.
Does she owe him anything?

Speaker 3 (20:39):
Does it?

Speaker 1 (20:39):
Should he just let her have it free because he
didn't follow proper procedure. I don't know what is the
answer to this. I mean, here, here's the biggest overlying principle,
and that is quantum maria marriwit marrowit quantum Marrowit means
she got value on her car. Now he he went

(21:00):
through the wrong procedure. Does she owe anything? She can't
afford it? She didn't live. He said, well I got approval.
I said, he got approval. Then he went back and
said to Dimitri, well I didn't really get approval. They
just said this is something they cover.

Speaker 2 (21:15):
Here's what do we do now?

Speaker 1 (21:16):
What is the Chelsea? When's the last time you talked
to this guy? James over at Nichols.

Speaker 7 (21:23):
I believe I talked to him last week. That was
the last time, right before, Yes, it was right before.

Speaker 1 (21:31):
I be paying you storage. Pretty soon he's gonna listen.
He's going to charge you storage and you're going to
lose your car. He's gonna put a lean on it. Okay,
So I want to know this is your car paid for?

Speaker 7 (21:43):
Yes, it's paid for it.

Speaker 1 (21:47):
How much did you pay for it?

Speaker 7 (21:51):
The total was with the taxes was fourteen thousand, five hundred.

Speaker 1 (21:56):
Okay, guys, did you analyze that deal? I didn't even
think about it. But anyway, for now.

Speaker 5 (22:01):
Because that was beyond the scope of her call. But
I do have an equitable solution in mind, which is
Chelsea can figure out what her share of the repair
would have been had the repair been covered by the
warranty company, then Nichols should accept that as full payment
for the service. Because it's not Chelsea's fault that Nichols

(22:23):
apparently jumped the gun.

Speaker 1 (22:24):
It's not it's not his fault. I mean her fault.
But here's what I want to know, though, Did Nichols
really do the work? If he's gonna lie, did he
really do the work?

Speaker 5 (22:35):
That's what he says. He says the work has been
done and the car is ready to go.

Speaker 1 (22:43):
Did you see the invoice. I'd like to see the invoice.

Speaker 2 (22:46):
No invoice. There is no invoice.

Speaker 5 (22:48):
The only documentation that was signed over there was the
wark order, and Chelsea confirmed with me earlier this morning
that she never got a written invoice.

Speaker 2 (22:56):
It was a verbal a mile ado when she.

Speaker 1 (22:59):
Spoke the work Just so you know, dimitria work order
turns into an invoice sometimes sometimes it depends on how
they do it. Sure. Sometimes there's an estimate. Sometimes there's
an estimate, then it becomes a work order, then it
becomes a final invoice. Sometimes they do separate docs. I agree, Kevin,
How do you do it? How do you do it? Kevin?

Speaker 6 (23:16):
Yeah, our estimates convert into invoices. But it's I think
number sure exactly. Okay, So here's what we're gonna do.
We're gonna call over there and see we can get
them on again. I mean, why not? Why not three
oh three seven one, three eight two five.

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(23:54):
of insurance companies find out now three oh three seven
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oh three nine two zero sixteen twenty two. Hi Tom Martine,
your troubleshooter three oh three seven to one three talk.
It is card day today. We will get around to
it sometime. But well, I mean, we are talking about cars.

(24:17):
I shouldn't say that we are, but I'm in about
other things about cars as well. Jay, what is your
comment on this? Jay is one of our listeners who
knows a lot about cars, calls in from time to time.
What's your comment on this transmission issue? She goes in
there signs of work order. The guy said, he called
the warranty company, he did the work. He wants six
grand warrant you won't pay.

Speaker 10 (24:39):
Yeah, I think what versus? Look up the Automobile Repair
Act because it's got tons of consumer protection in it.
Forget a lawyer because they did something and we pretty
much know it, Jay, so do you?

Speaker 1 (24:52):
So does Kevin. It says that when you bring a
car in, you know you can wave your right to
a written estimate, but you still have to at an estimate.
Has to be. But if it's verbal, they have to
keep a meticulous recording of when that was done, and
then it can't if without the estimate, they can't go
over a certain amount unless it is up for tear
down and reassembly, which they have to disclose up front.

(25:14):
All of that, Kevin, I don't see any violation. Well
I do see a violation if he did not give
her an estimate.

Speaker 2 (25:20):
Right, Oh, absolutely, that's the biggest issue.

Speaker 1 (25:22):
Well, let's just go back to He literally came on
the air another question and said he got approval to
do it somebody else. I get it. I get it.
He came on the air and said, I talked to
the warranty company. Blah blah blah. Go ahead, Jay, what
were you going to say?

Speaker 10 (25:38):
Did she wave her right to the old parts?

Speaker 8 (25:41):
You have?

Speaker 2 (25:42):
Yes?

Speaker 1 (25:44):
Yes, yes, yes.

Speaker 10 (25:45):
For the rest of the public, that's the demonst thing
you can never do. Don't do it, folks.

Speaker 1 (25:50):
Hey, if you wave your right to the parts, what
happens to I got range parts? Hold on course, let
me ask Chelsea something real quick. Chelsea, did you actually
check those boxes that say you wave your right to
the old parts or were they already checked? Not that
it matters. But did you literally check them or what?

Speaker 7 (26:13):
I don't think so I did from what I was.

Speaker 1 (26:16):
That's what I figured. I think it's all pre checked
trap or he went back and checked them later, to
be quite honest, because I don't trust the guy as
far as I can throw them.

Speaker 10 (26:26):
If she because her homework, she might be able to
get him pretty good on this one. But if everything
was done kind of wrong, he should certainly cut her
a break and take payments period.

Speaker 1 (26:41):
Yeah, look at if she needs it anyway, right, if
she needs it, she said, I would have talked to
the dealer. But if she does need the transmission and
she has it now, I mean it doesn't matter. It's
not going to do any good technicalities. She's gonna ultimately
need it anyway. She would have had to pay Kevin
or somebody. No, but he did his job right. If
he did his job right, the warranty company probably would

(27:04):
have covered the whole damn thing. Oh okay, I never
thought of that.

Speaker 10 (27:09):
He ought to help her out a lot. He really
needs to help her, and she knows how to kind
of money he needs to make payments. He screwed the poocher.
He might want to just be a nice guy and
make a good name for himself instead of really bad.

Speaker 1 (27:24):
He did screw the pooch as you put it, didn't he?

Speaker 8 (27:27):
He did?

Speaker 10 (27:28):
Didn't he?

Speaker 2 (27:28):
Yep?

Speaker 6 (27:29):
And he could be on the hook for three times
damages too, interact. If she's successful in pursuing it through
the state, he's liable for three times damages.

Speaker 10 (27:44):
You know what it would be?

Speaker 1 (27:45):
Actually, actually, you're right. We shouldn't gloss over the fact
that he did not give her an estimate.

Speaker 2 (27:53):
No, that's a big key to that ball.

Speaker 1 (27:55):
And he admits that he well, in a way, he
admits it on the air because he's giving the estimate
and getting the approval from somebody else. He's the one
that says that he never talked to her. Okay, So
if she never got an estimate, you know what, here's
the deal. Here's the deal. I believe that we should

(28:18):
go a step further now and press him on the
Auto Repair Act. And in fact, I think she should
sume in small claims court. Well, here's the problem with that.
I thought of that yesterday. She hasn't paid for the
car yet, what is she suing for the car? The
car's value was over that. What is she suing for
in small claims it's got to be done. No, no, yeah,

(28:39):
she's suing for the sixth grand and here's your reasoning,
or for the cost of the repair because he violated
the Auto Repair Act, which calls for trouble damages, and
she's willing to settle for the cost of the transmission.
I just I've never sued in small claims court without
a monetary dollar figure, so I don't know mark the

(29:01):
monetary dollar figure. I get what you're saying. You'd put
six dollars, and if I was him, I would answer
why I've never taken six thousand dollars from her. No,
but he wants six thousand, and she wants she wants.
What do you think to me? I don't know.

Speaker 6 (29:19):
Well, you know what, I don't know if I'd go
to small claims only because of limitations, she can go
to the county DA, and the DA can pressed criminal
charges on this.

Speaker 2 (29:28):
With the Colorado Repair Act.

Speaker 1 (29:29):
What are the chances of getting a DA to take
something on the do you know do something on the
Water Repair Act?

Speaker 2 (29:36):
There are some that are very aggressive.

Speaker 5 (29:37):
In Jefferson County cases, a chef go so je goes
not bad by the way.

Speaker 11 (29:43):
No, I would pursue that first. That doesn't get her
car back yet though. Yeah, so we need to figure
out a way for her to get her car. Okay,
that's true. We got to figure this out.

Speaker 2 (29:58):
Okay.

Speaker 1 (29:59):
Dmitri during break call this guy and say, look, we
got to work this out. There seems to be a
violation of the Auto Repair Act, which could get you
treble damages. Well, how about just making a deal with
her to pay something or to make monthly payments on something.
Let's try to work this out. I mean, just just talk.
I mean he's not belligerent.

Speaker 2 (30:18):
He just tried.

Speaker 1 (30:20):
Kelly just tried to get him back on the air,
and he's not coming back on Kelly. What did he
say out of cure? Kelly, ask him if he'll talk,
Ask him if he'll take my call off the air.
If I call him off the air, Please ask him
that off the air. Okay, just to talk and uh, okay,
gender to gender, I say that so we can pick
whatever it is, Okay. Three oh three seven, one, three

(30:41):
eight two five five more coming right up. Stay tuned, Dominic,
go with a sure thing Denver's Best roofer Excel Roofing
dot Com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation comparison
call Compass Insurance. Pay too much your coverage at dozens

(31:04):
of insurance companies find out now three oh three, seven
to seven to one. Help. You'll think you're his only
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Tom Martino,

(31:24):
you're a troubleshooter three all three seven one three talk
seven one three eight two five five. Welcome to the show. Okay, listen,
we got so much to talk about. I want to
get past this problem. Not that it's a bad problem,
it's a good problem. So let's talk to Dominic. He
has a comment. Go ahead, Dominic. I don't know what
this comment is about. Go ahead.

Speaker 8 (31:45):
I don't have any comments about you. You must be famous.
I got people saying, wait a minute, Martin.

Speaker 1 (31:52):
Yeah, wait a minute. Are you the world famous Dominic
of sausage and peppers?

Speaker 12 (31:58):
You got it, Dominy.

Speaker 1 (32:02):
I thought you were on death Sora a few times.

Speaker 10 (32:05):
Yeah, well I'm getting there.

Speaker 8 (32:09):
My god.

Speaker 1 (32:09):
Man, No, seriously, you had some ups and downs. Brother,
How are you doing?

Speaker 8 (32:15):
I'm just hanging in there and listening to you.

Speaker 1 (32:20):
Back in the day, Mark he would drop by sausage
and peppers right to the studio and yep, man, you
make some good sausage and peppers. Oh yeah, oh yeah.

Speaker 2 (32:31):
So what happened to those good old days?

Speaker 3 (32:33):
Yeah?

Speaker 5 (32:35):
Yeah, they can't be gone. They can't be gone forever.
They still make sausages.

Speaker 1 (32:42):
What are you doing these days, sir, I'm just ticking
up a lot of the ear. So where do you
hang out at that bar?

Speaker 8 (32:52):
Si?

Speaker 1 (32:53):
Ah?

Speaker 2 (32:54):
That bar has been gone?

Speaker 1 (32:56):
What bar was it? I'm curious, Old Mill. It would.

Speaker 13 (33:02):
Jo restaurant?

Speaker 1 (33:03):
Huh in Littleton?

Speaker 2 (33:06):
Right?

Speaker 1 (33:06):
I love sausage and peppers, you know, you know, for
a cheap dish years ago, believe it or not, listen
to this Applebee's had a sausage and peppers served on
a skillet about twenty years ago for under ten bucks.
It was just delicious. I'm sure it's nothing compared to his.
But you just can't go to a restaurant anymore and
get sausage and peppers. Now you can. Actually, there are

(33:31):
some that Mark that have them as appetizers. Actually, there
are some.

Speaker 2 (33:35):
Get them as the main course.

Speaker 1 (33:38):
Yeah, Gaitanos, of course. Viali on Colorado Boulevard. Viali is
a small Italian place. Again, it's not like right home
to Mama about Italian, but it's damn good and it's
they have they have sausage and peppers, really good, really good,
and it's an appetizer, but it is hard.

Speaker 2 (34:01):
Yes.

Speaker 1 (34:01):
The best those you can get is Caninos.

Speaker 8 (34:04):
It's here in Denver.

Speaker 1 (34:06):
Yeah, I'm training to go to a local family, a
local family, and you get to see how the sausage
is made. Yeah, I'm telling you.

Speaker 2 (34:17):
You know what.

Speaker 1 (34:19):
You listen, take care of yourself, brother, and and uh,
don't do anything drastic without letting me know. I like,
if you're getting sick, call me. I'm just kidding you
sound good.

Speaker 8 (34:29):
Do anything drastic? What do?

Speaker 1 (34:31):
What does that mean?

Speaker 8 (34:32):
Don't name it after you?

Speaker 1 (34:35):
Yes, exactly, all right? Three O three seven one three
eight two five five. Mark has a car warranty issue.
We'll start with you right now. Mark, go ahead. What's
the issue?

Speaker 14 (34:45):
Yeah, Hi, Tom and Mark. Yeah, I've got a new
BMW X three and uh, the parking sensor stopped working
and I brought it in they said they found a
tiny part in the censor and they consider that road
damage and they won't cover it in an.

Speaker 1 (35:05):
Organ They suck. I'll leave it. Okay, you hold on,
believe it or not it has something similar. Hang on.
I'm Tom Martino. We'll talk about that in more three
oh three seven one three talks seven or three two
five five. And I like him because he addressed us properly.
Tom and Mark More coming up. Go with a sure
thing Denver's Best roofer Excel Roofing dot com. You don't

(35:27):
pay a cent until you're contenth time for an insurance
check up free, no obligation. In comparison, call Compass Insurance
paying too much your coverage at dozens of insurance companies
find out now three oh three, seven to seven to
one help. You'll think you're his only customer when you
choose Frank durand the real estate Man dot com to

(35:47):
list your home with Remax Alliance three oh three nine
two zero sixteen twenty two.

Speaker 4 (36:00):
You need advice so you don't have.

Speaker 2 (36:05):
Come running.

Speaker 1 (36:06):
Just as fast as we can.

Speaker 4 (36:09):
Shooter's gonna help.

Speaker 15 (36:10):
Come man, this is the Troubleshooter Show. No Tom Martino.

Speaker 1 (36:18):
Hey, I'm Tom Martino, you're a troubleshooter three oh three
seven one three talk seven one three eight two five five.
Here to help you anyway we can to solve problems,
ask questions, say can plays make your life a little easier.
In addition, of course to the festivities here on KHOW
our flagship station from iHeart and then the iHeart Radio
WAP all over the country and our affiliations in Colorado

(36:41):
Springs with care too. And we also have YouTube, and
we stream to YouTube and then downloads all platforms, thousands
and thousands and thousands of downloads, so you're listening to
these at different times. I urge you, if you ever
want to know the follow up of a case to call.
We had one situation where it started out with the

(37:04):
contractor being pretty bad. Turned out the contractor wasn't that bad.
The person on the on the stream or the download
didn't hear the follow up. So always ask if you
ever want to know, Hey, whatever happened with this or that.
I know a lot of you listening right now. For example,
we'll be on a treadmill and it'll be at ten
at night or at six in the morning. Some people
actually listen and I put them to sleep. I don't

(37:25):
know what the hell that means that should be good
or bad, But anyway, I have people listening from Alaska, Sitka.
I have people listening from a small fishing village out there,
and then I have people listening from all over. Mark,
we get emails from all over, don't we It's fun, yep.
And so I want to send some swag to the
furthest regions of our listeners. So please text me and

(37:48):
text me on my Google phone seven four seven nine
nine fifty two. I want to I want to go
back to this consumer thing after I take Mark's been
waiting patiently, and then I'll go back. And I talked
to the garage off the air to just settle down
the temp a little and just talk to him off
the air and just really get his side of the story.

(38:12):
And again I think there is a lack of communication
and understanding here. I do not believe a ripoffice happening.
I just don't believe it. Now. If I did, I
would say it. There's no reason for me not to.
I don't know this person from Adam. Now, Mark, you
were talking about a car warranty issue, a Beamer X

(38:32):
three with a parking sensor that stopped working. I have
a Beamer X seven. It's just a They're all the same,
they just have different sizes. And by the way, the seven,
the seven was way too useless and big. I mean
it is, it's so big. I love it, but it's big.
I never needed it. The M fifty I had a loaner,

(38:53):
the X three loaner. What a perfect vehicle, you know.
I mean it's a perfect vehicle. So what year is yours?

Speaker 14 (39:03):
It's twenty twenty four. Last year it's M Series two.

Speaker 1 (39:06):
So it's sweet, it really is. I mean, I don't
think people realize. Now, Kevin will tell you, yes, yes, Tom,
You're gonna like it until it gets about fifty thousand
miles on it.

Speaker 6 (39:18):
Then what happens, keV. Then it starts leaking everything everywhere. Yeah,
it just starts adding those and.

Speaker 1 (39:24):
It's very expensive to maintain. Yep, So listen, mark this
parking sensor. Under warranty. All things are covered under warranty
that are covered under warranty, except if there is any
kind of external damage. That's what they're trying to say

(39:44):
about your censor. How did they say it happened?

Speaker 14 (39:50):
Well, I looked at it. You know, the message comes
down and says clean, you know dirty, sense that clean.
I've cleaned that. I looked at it with no physical
dam as. You can't say, how do.

Speaker 1 (40:00):
You clean a sensor? Is it you're talking about like
the round circle? That little round Yeah, and now it
won't calibrate.

Speaker 14 (40:14):
Yeah, well it won't work. They say it's dirty, it
doesn't function.

Speaker 1 (40:21):
Well, wh're they're sealed? Yeah, so where did the dirt go?

Speaker 14 (40:27):
You know, use caution, use caution when backing up because
the parking assist is not active.

Speaker 1 (40:35):
Mark. What I'm asking you is this If they say
there's a spec in there, they're sealed plastic units. Kevin,
help me describe it.

Speaker 2 (40:48):
It's a sensor. It's a mini light bulb if you will.

Speaker 1 (40:53):
And and the only place specs can get her on
the outside. Are they saying it damaged the lens?

Speaker 14 (41:03):
No, there's I mean, if you look at it, it's
a circle and then there's like an inner circle and
there is like a gap between two little pieces. I'm
assuming they're saying a little rock up between those two pieces,
and that's what's bothering the sun.

Speaker 1 (41:17):
They're sealed. Are they more on? By the way, have
you tried spraying it with anything like alcohol or duh?
W it looks yeah, did you spray it?

Speaker 12 (41:28):
No?

Speaker 1 (41:29):
But did you spray it or air? Put a lot
of air in there and then spray it with like
a contact cleaner. I mean you might want to try that.
But by how much is this repair going to cost?

Speaker 14 (41:41):
Originally they said nine dollars and then they I think
they took off the diagnostics and they said, okay, maybe six.

Speaker 1 (41:48):
Hundred dollars and which BM which dealer is this?

Speaker 14 (41:54):
It's humped in Highlands Ranch. I'm about to head there.

Speaker 2 (41:56):
Yeah, pick it up.

Speaker 1 (41:58):
Yeah, okay, So you're not getting it fixed, right, or
you did well?

Speaker 14 (42:04):
I think they already fixed it.

Speaker 1 (42:05):
Yeah, Well that's because I think I did you ask
for the old part.

Speaker 3 (42:13):
I'm going to.

Speaker 1 (42:15):
Well, it's too late. They don't have to give it
to you. You have to ask for it before.

Speaker 12 (42:22):
Yeah.

Speaker 14 (42:22):
I think I'm hoping they'll give it to you if
they can give me that.

Speaker 1 (42:25):
Yeah, I'll ask them now. From now on, if you
don't want these issues, go to Sonic the Sonic. Hey,
I'm telling you, they're good people. Downtown Denver, they call it.
It's on Colorado Boulevard. Have you seen them?

Speaker 16 (42:40):
Yes, I'm familiar with them.

Speaker 14 (42:42):
I actually a couple of good BMW places. But this
is warranty, you know, it's like it should be warranty,
so you have to go to the dealer.

Speaker 1 (42:53):
No, I get it. That's why I'm telling you about Sonic.
Let me explain something about Shamp. God is so sad
Ump was a good dealer. Lisa Schamp took it over
from her dad, but it went to hell. Her son
is an idiot. He's an idiot and basically ran the

(43:14):
place into the ground in my opinion, when it comes
to customer service and sales. So I know you thought, well,
I'm going to a well established shop dealer. What you're
going to is trash and it's too bad. And that
goes for all the shop dealers. We get a lot
of complaints about Shamp. I could have predicted it with Shamp.

(43:35):
And the kid doesn't know anything. I say, the kid,
I don't even know how old he is right now.
But nepotism doesn't always work, not always. In this case,
it's a failure. Now, in some cases things actually get better.
Leo Pain used to be a dealer, an old line dealer,
Leo Pain. I used to call him jokingly Leo pain

(43:58):
in the ass. And because every dealer he had was
a pain in the ass, I had nicknames for every dealer.
I remember Cherry Creek dodging the truth, and I remember
Leo pain in the ass, and im I remind Doug
spending your money. Who else was there? There were all kinds.
I always had nicknames for him. But I will tell

(44:21):
you this, as far as Cherry Creek, Dodge and and
that family, that guy, uh, he actually turned out to
be one of the better dealers. I'm telling you, Doug
Morland actually turned out to be one of the deals better.
He's straightforward, he takes care of problems. And uh, I
think his brother works with him, right, Mark, does his
brother work with him or anyway? So just learn how

(44:47):
to park your car, say six hundred bucks? Yeah, okay,
but if you if you owe, Mark's not in the seat.
That's why you didn't answer. But here here's the bottom line.
If you if you don't, if you if you shouldn't
pay for it, you shouldn't pay for it. So when
you get that old part hey, Kevin, are you buying
that particle?

Speaker 2 (45:06):
Bit?

Speaker 1 (45:06):
I mean, obviously they don't go bad. They just don't
go bad.

Speaker 6 (45:12):
But I can't see anything hitting it where they're mounted.
I mean, that would be like a one in a
million shot.

Speaker 1 (45:17):
You know, or getting in between the two. I don't
even think there are two layers. Yeah, like Mark, when
you say you look inside it and you see an
outer circle in an inner circle, can you take like,
let's say, a razor blade and feel a little crack there,
like like in other words, are they two pieces?

Speaker 14 (45:38):
Yeah, it's kind of like there's a gromet and there's
like an inner piece.

Speaker 8 (45:46):
You know.

Speaker 5 (45:46):
I haven't.

Speaker 14 (45:47):
I haven't seen what they said, you know, or where
the particle might have been, but you know that's what
they're blaming it on that, And it's almost you know,
I guess I could see if a rock hit it
and that dented the sensor or something like that, then yeah,
I understand that's broad damage. But you know, just some
little particle that got stuck in there.

Speaker 1 (46:08):
That's I'm going to tell you something. I'm going to
tell you something that's going to be really enlightening. So
they're saying it's not warranty, right, so that means that
you're going to pay for it. How much you want
to bet that is run through as a warranty item
and they still get paid for it. That's just my

(46:30):
evil self thinking that I said how much you want
to bet. I didn't say it's going to happen. This
is my evil self thinking.

Speaker 2 (46:38):
Now.

Speaker 1 (46:38):
The way that works is by emitting a sound frequency
from a small I'm reading this obviously it's not coming
out of my head, a small transducer in the bumper.
Now listen. This is specifically on the X three, which
then bounce off nearby objects and detected by the same transducer.
So it's a bounce back, which means a particle would

(47:01):
have unless it's bouncing off the particle within it. They're
full of crap, is what I'm saying. So it's not visual,
it's it's sound. It emits a sound wave, sound waves.
That's one of the reasons they use ultrasound when they're
doing imaging on people, because it's not affected like some

(47:23):
of the other waves are affected. So you might want
to tell them you know about that. Tell me, Explain
to me how a particle can block an ultrasound wave.
Ask him that an ultrasonic wave. Why don't you ask him?
I would really talk to the service manager, did you.

Speaker 2 (47:41):
Yeah, I will.

Speaker 14 (47:42):
You know, I'm on my way there.

Speaker 1 (47:44):
In fact, if you want, I wouldn't mind having one
of our peeps call right now, like having Deputy D
or deputy doc right now and say, explain to us
how an ultrasound technology says. We have somebody in the
studios and all, who's an auto guy who says the
chances of that? And and and Kevin, Not only would

(48:07):
it have to be a spec it would have to
be big enough to block an ultrasound wave.

Speaker 6 (48:12):
Well, if it was big enough to let that in
to the me, that's the defect in the part it
should be.

Speaker 1 (48:17):
And just so other people know, this the way ultrasound
works and the way anything works, and not anything but
things like this. Ultrasound sends out sound waves in a pattern. Okay, now,
if one of those waves, it sends out more than one.
An ultrasound sends out more than just one wave. When

(48:39):
it's when one of them is blocked, the other ones
go through and they do a mini Some of these
ultrasounds have what's called a it's a mini majority report.
What that is is they take the whole of the
waves and read the majority. So even if there was

(49:00):
a particle that could block a sound wave, it's not
going to block all of them. So I don't get
what they're saying. I just don't get what they're saying, Kevin.
Can you think we're a particle really truly could totally
block an ultrasound sensor and then the other sensors don't

(49:22):
work either, you're saying, is that right? Well, I don't know.

Speaker 14 (49:25):
They said it was probably the frontmost sensor. There's a
whole bunch of sensors on there.

Speaker 1 (49:30):
But why would that shut down your rear sensor? Why
would it shut down your rear sensor?

Speaker 2 (49:35):
Everything?

Speaker 14 (49:35):
I think once one of them goes out, they don't
trust any of them.

Speaker 1 (49:40):
That's not true at all. And you know how I
know that take your tire sensors. One can go out,
you'll still have the others.

Speaker 10 (49:46):
That's true.

Speaker 1 (49:48):
And if I could, by the way, order a car
without tire sensors, I would do it every time. I
like the parking sensor, especially for my I'm not going
to say it. Never mind, I almost got in trouble.
I'm not going to say I like the parking sensor,
and it can preserve wheels and it can preserve all
kinds of tire rashes. But in any case, d do

(50:12):
you mind talk to him? Find out who the service
Just say, I'm out of curiosity. We want to know
how these ultrasound waves can be blocked since it's not
a visual sensor. Just see what they say. I'd like
to hear their explanation. I think this is just a
way to go and call the station.

Speaker 3 (50:28):
Tom.

Speaker 1 (50:31):
Why, well, you said you want you want the service
miner to explain it, so while just call ahead. Well,
I'm saying call ahead so the guy and say, look,
we just got a call and we're curious about this.
You know, listen, doc, if you don't want to do it,
could you do it? Somebody do it? Just just call ahead.
I don't want to wait. I want to he gets there.

(50:54):
They know that we're on the case. Three oh three
seven to one three eight two. Did I take the
fifteen break? I did. I'm surprised here, so I only
have to I actually already took that fifteen break. No
I didn't. Okay, if you say I did, I'm not

(51:16):
gonna take a break. I didn't. I know, See I was,
I was screwing up, all right, Hold on we're gonna
talk and I'm gonna have a follow up on this.
H James over at Nichols Automotive and how that went
down his side of the story, his real side of
the story, without painting him as a villain. More on

(51:39):
that coming up on The Troubleshooter Show three oh three
seven one three eight two five five By the way,
eight eight eight Heating dot com high efficiency replacements at
the best prices, and I mean that sincerely. You put
him to the test. Now, that doesn't mean you have
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You mean if you get a multi stage ninety eight

(52:01):
percent efficient unit and they can't beat the price they
say they will eight eight eight Heating dot com, go
with a sure thing Denver's best roofer Excel Roofing dot Com.
You don't pay a cent until you're content of time
for an insurance check up free no obligation comparison call

(52:24):
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three O three seven to
seven to one. Help. You'll think you're his only customer
when you choose Frank durand the Real Estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Tom Martino here,

(52:44):
Welcome three O three seven one three talks seven one
three eight two five five Teresa, an issue with a shed? Teresa?
What's going on? Hi?

Speaker 8 (52:56):
I was referred to you by my dennist because I've
got a little bit of a problem. My son went
into h a shed company there in Pueblo, West and
it's a place where you buy shed and you own

(53:20):
type of thing. Yeah, he went in there.

Speaker 13 (53:24):
Uh, he purchased the shed.

Speaker 8 (53:27):
What he thought, Okay, where?

Speaker 12 (53:28):
What?

Speaker 1 (53:28):
Which? What's the name of the company.

Speaker 8 (53:32):
It's a F G L l C. It's okay.

Speaker 1 (53:37):
And then okay, then what and this is a this
is one of those big portable sheds, right like a
tough shed.

Speaker 13 (53:45):
Yes, absolutely, so what okay?

Speaker 1 (53:48):
What happened?

Speaker 8 (53:48):
Then he went in and he was going to uh
buy this shed to turn it into a tiny home.

Speaker 1 (53:57):
He is, And when did you buy it?

Speaker 8 (54:01):
In it's the search estate is uh in February of
last year.

Speaker 1 (54:11):
Oh wait, February of last year. So okay, so we're
talking about a year ago basically.

Speaker 8 (54:18):
Yes, but this has been a roller coaster ride for
me since that day, all right?

Speaker 13 (54:24):
They okay?

Speaker 1 (54:25):
And two where was he going to put the shed?
By the way, where was he going to put it on.

Speaker 13 (54:32):
My property?

Speaker 1 (54:34):
So okay, keep going. They got it.

Speaker 8 (54:39):
So the Leland from the shed company, it's called Leland
Shed's in Pueblo West. From what I understand, I've never
been there and I live in the Hunt.

Speaker 1 (54:49):
I thought you said it was ASG LLC. But Leland
Shed's Okay, got it.

Speaker 8 (54:55):
It's a subsidiary company of AFT. It's a large company.

Speaker 1 (55:00):
Okay, I got it.

Speaker 8 (55:00):
Companies got it.

Speaker 1 (55:03):
Yeah, he's a dealer for SG. Got it. So then
what happened?

Speaker 8 (55:06):
Yeah, they came and they called me and to place
the shed on my property. They needed my permission because
I own the property. Right then, let that my son
was handicapped and he cannot read. He's on the spectrum.
So I double check with him and made sure. And

(55:31):
my exact words were, Look, I'm gonna pull alone. This
shed has nothing to do with me of this, then
I will agree to place it on my property for
my son.

Speaker 1 (55:42):
Teresa, let me ask you, Teresa, Teresa, I need to
ask a bunch of questions. Okay, how old is your son?

Speaker 8 (55:50):
My son is thirty eight this year.

Speaker 1 (55:55):
Is he incompetent? Are you his guardian?

Speaker 8 (56:00):
I am not his guardian. His girlfriend ten years is
his guardian.

Speaker 1 (56:06):
He is so he literally has Wait a minute, he
literally has a guardianship. He is not independent.

Speaker 8 (56:15):
No, they filed for a guardianship through Social Security. He
is on disability to Social Security.

Speaker 1 (56:24):
And when was he declared? When was he declared a
ward of her.

Speaker 8 (56:33):
I believe eight years ago?

Speaker 1 (56:37):
Okay, Okay, so this is not recent, got it? So
he's not just you're not just making this up about
this purchase. But when he went there, would they have
known that? And I know that's a silly question, but
is well who was he with? Was he with his guardian?

Speaker 8 (56:54):
It was with his guardian?

Speaker 1 (56:57):
Okay? Did she sign?

Speaker 8 (57:00):
Yes? And I informed them on the phone that he was.

Speaker 1 (57:04):
Was I'm asking, I'm asking this question. I need an
answer to did she sign with him?

Speaker 9 (57:13):
No?

Speaker 8 (57:15):
He signed. But see that's where the problem.

Speaker 1 (57:18):
What did she say? What did she say about it? Uh?

Speaker 8 (57:24):
She was she went out to the car because of
what had happened.

Speaker 9 (57:31):
They she the.

Speaker 8 (57:35):
He could not sign anything. So what they did was
they put all my information on the contract.

Speaker 1 (57:42):
Okay, Okay, Now, did they put your information on the
contract that day or did they put it on the
contract before delivery? When did they put information on the
contract about you.

Speaker 13 (57:56):
That day?

Speaker 3 (57:58):
So Wit that day?

Speaker 1 (58:10):
Hello, I'm here, I'm listening you were talking.

Speaker 8 (58:16):
Oh, they put all my social security, my address, my name.
They eventually sold the building to.

Speaker 1 (58:25):
Me, but he signed his name on the phone hold
on Teresa when they sold the car. So back in
February of twenty twenty four, your son called you from
there and said, Mom, I'm buying a shed and they
need your information.

Speaker 8 (58:43):
They need your permission to put it on your property.

Speaker 1 (58:48):
I get that. But in essence, when you filled out
this information and gave them the information over the phone,
did you sign anything?

Speaker 8 (59:01):
No? I did not give them any information over the phone.
I agreed to place the building on my property. They
said I needed to prove.

Speaker 1 (59:09):
How did you? How did you agree to that? How
did you agree to that? Without giving them information?

Speaker 8 (59:17):
I sent them a I emailed them a copy of
my driver's license to prove that I owned the property.
That's how they got all the information.

Speaker 1 (59:31):
Okay, where was he living before this? Where was he
living before this?

Speaker 8 (59:36):
Homeless?

Speaker 1 (59:39):
Okay? So got it now. Listen, I need to speed
through some of this. And I'm not asking now remember this,
I'm not asking if you agree with what happened. I'm
asking if it did happen at any time, any time
at all, anytime when this company. Did you sign your

(01:00:01):
name to any document whatsoever?

Speaker 8 (01:00:06):
I signed my name to a document that said the
shed was delivered to my property? Okay, the only thing
I know.

Speaker 1 (01:00:18):
And do you have a copy of that document?

Speaker 8 (01:00:21):
Yes, sir, I have a copy of the original contract.

Speaker 13 (01:00:24):
See.

Speaker 8 (01:00:24):
And the problem with it.

Speaker 1 (01:00:26):
Is hold on, just wait, Teresa, Teresa on that on
that original contract, how was this paid.

Speaker 8 (01:00:33):
For through my son's Social Security card? Well?

Speaker 1 (01:00:40):
What do you what do you mean by that? How
much was the shed? How much was the shed?

Speaker 8 (01:00:45):
The shed was seventeen thousand dollars?

Speaker 9 (01:00:49):
He was Did he pay for it?

Speaker 1 (01:00:50):
Did he pay for or finance it?

Speaker 8 (01:00:54):
He financed it?

Speaker 1 (01:00:57):
How much did he put down?

Speaker 8 (01:01:01):
I have no idea.

Speaker 1 (01:01:04):
And so he's making payments out of his Social.

Speaker 13 (01:01:07):
Security yes, direct withdrawal.

Speaker 1 (01:01:14):
Okay, okay, and he did that without his guardian signing.
He's not allowed to.

Speaker 8 (01:01:23):
That's correct.

Speaker 1 (01:01:25):
Well, then how did he do it?

Speaker 8 (01:01:28):
I have no idea because now.

Speaker 1 (01:01:33):
Wait, wait a minute. The answer is this. Let me
give you some answers, Teresa, because you're not really forthcoming,
and I know why because I'm interrupting you. But there's
a reason. I have a feeling that you're trying to
build the case. And I get you. You didn't sign
for it, you didn't want it, you didn't buy it.
They're holding you responsible. But here's the deal. There are

(01:01:53):
so many things that did not happen. For example, there
is no way he could finance this all zero. He
had no means to finance. And if he had a
Social Security check and made arrangements for direct withdrawal, he
can stop that immediately because they cannot tap his government
benefits and his guardian would have had to have signed

(01:02:16):
for it. Okay, So that is number one. Number two,
there is no way they would have left that building
on your property with just permission to deliver it. We're
going to find somewhere where you signed to purchase it.
I know you don't believe you did, but there is

(01:02:36):
no way that this company is going to leave a
seventeen thousand dollars shed financed by a disabled person on
Social Security in Pueblo, West without getting anything from you
as the owner. Well, then, so if you can give

(01:02:58):
us all of your paperwork, we would be happy to
help you. And your dentist probably told you that I
will be happy to help you. But I need to
make a difference between your impression of what happened and
what really happened. That's what I need to do, okay,
because your impression of what happened may not be what

(01:03:22):
really happened, and we need to get to the bottom
of it, and I want to, but we're not going
to do it in this phone conversation. We are going
to get all of the documentation, every single sheet that
you have.

Speaker 8 (01:03:36):
Is that okay, that's absolutely fine. But the documentation, babe,
the contract, my son signed the contract with my information on.

Speaker 1 (01:03:48):
It doesn't matter. That doesn't obligate you. That doesn't obligate you.

Speaker 8 (01:03:55):
Bank said it did and they took me to court.

Speaker 1 (01:04:00):
Well okay, well I guess you should have told me that.
Wait a minute, So did you get a judgment against you?

Speaker 8 (01:04:08):
Yes, the the company.

Speaker 1 (01:04:11):
Then Teresa, Teresa, I will guarantee you one thing. You
signed for it. I'll guarantee it you signed for it.

Speaker 2 (01:04:19):
Teresa.

Speaker 5 (01:04:19):
Did you go to court or was this a default judgment.

Speaker 1 (01:04:22):
She went to Okay, that's good quick.

Speaker 8 (01:04:26):
And the judge stated in the court I proved to him,
I did not sign this contract. This contract is not
even legal because it has my information all over it
and my son's signature. He cannot get the.

Speaker 1 (01:04:40):
Judge ruled against you. Why did the judge rule against you?
I got to take a break. This is a mystery.
So she goes to court. A judge and a court
of law says you are responsible for this, and there
is nowhere anywhere that she signed for it. This is
the biggest mystery. So now I need the court case
number and the transcripts and then we'll look at it.

(01:05:01):
But Teresa, I don't think you truly understand what happened.
But there are ways out of it. That's the good news.
Hang on more coming up. Go with a sure thing
Denver's Best roofer Excel roofing dot com. You don't pay
a cent until you're content. Time for an insurance check

(01:05:26):
up free, no obligation. In comparison, call Compass insurance paying
too much your coverage at dozens of insurance companies find
out now three O three seven seven to one. Help
You'll think you're his only customer when you choose Frank
durand the real estate man dot Com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino, your troubleshooter. I want

(01:05:54):
to recap this problem. I really want to recap what's
really happening here. Okay, now listen carefully, and I want
some opinions. And I want to know if somebody can.
We need to get the documents, Dee. I want you
to get these documents and parse through this. Her disabled son,
who has a guardian, bought a shed from Leland's Sheds
in February twenty twenty four for seventeen thousand. He made

(01:06:19):
arrangements for direct withdrawal from his Social Security check, even
though she claims his guardian never agreed to that. By
the way, his girlfriend has been his guardian for the
past eight years because he is legally incompetent. She said

(01:06:40):
they delivered the shed to her home and she signed
for delivery only for delivery, but Leland's contends she is
the actual purchaser. They even got a judgment against her
in court. Okay, now here's some quick questions, because I

(01:07:04):
know that's the story. How much is the judgment?

Speaker 8 (01:07:09):
There was no judgment. It was I did not. I
filed for storage fees because the shed had been on
my property for nine months. The judge denied that.

Speaker 1 (01:07:21):
Hold on they I thought you said before we went
to break you got to help me out here. Because
I'm confused. You said they got a judgment. So they
did not get a judgment.

Speaker 8 (01:07:32):
They got the shed. They were to pick up the shed.
That was their judgment.

Speaker 1 (01:07:38):
Okay, there was no other money due by your son
or you.

Speaker 8 (01:07:45):
No, they tried to get me to pay attorney's fees and.

Speaker 1 (01:07:50):
For Oh that's good, So you didn't really you didn't
really lose anything. You're right back to square one.

Speaker 8 (01:07:56):
Uh no, sir, that's that's where it starts. Uh. They
were told to pick up the order from the judge
on August or.

Speaker 13 (01:08:08):
The paperwork says on.

Speaker 8 (01:08:11):
August twelfth.

Speaker 1 (01:08:13):
They listen, Teresa, Teresa, they took you to court. Is
that right?

Speaker 13 (01:08:19):
Yes?

Speaker 8 (01:08:20):
They did.

Speaker 1 (01:08:21):
What was the end result? Just get right to the
end result. What was the order?

Speaker 8 (01:08:27):
The order was they had seven days to pick up
the shed. I was to remove all fencing and property
and I did so. They did not come pick up
the shed within that seven days. They showed up on
September fourth. At that time, the shed had been abandoned.
So I told them take me back to court and

(01:08:50):
I want storage fees. When they took me, uh, they
didn't take.

Speaker 1 (01:08:58):
This story. Hold on. This story is going to be
a mini series on Netflix. Hang on for that or Hulu.
I'm gonna sell the rights. Hold go with a sure
thing Denver's Best roofer Excel Roofing dot com. You don't
pay a cent until you're content. Time for an insurance

(01:09:19):
check up free, no obligation comparison call Compass Insurance paying
too much your coverage at dozens of insurance companies find
out now three oh three, seven to seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino here, three oh three. Hey,

(01:09:43):
we're running out of time, okay, because we've had some
really really complicated calls here. But here's what I'm gonna do, Teresa.
I need to finish up. You need to finish up
real quick. What happened when they took you back to court?
What happened.

Speaker 8 (01:10:00):
Did not go back to court. They went back to
court in Octa and got a order from the judge.
After they had abandoned the shed for seventy days, they
got an order from the judge to come and destroy
my property whichever way they wanted to to retrieve the shed.
And that was. They were supposed to be here again

(01:10:21):
on October twenty fifth. They missed that date, but the
sheriff showed up on October twenty eighth and beat me up.
They broke five of my ribs, knocked my teeth out,
and gave me a concussion.

Speaker 1 (01:10:34):
Okay, Teresa, this is whey. This is honest to god.
This is truly a mini series on Hulu. Hang on
go with a sure thing Denvers Best Roofer, Excel roofing
dot Com. You don't pay a cent until you're content.
Time for an insurance check up, free, no obligation comparison

(01:10:55):
call Compass Insurance. Pay too much your coverage at dozens
of insurance companies. Find out out now three all three,
seven seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate man
dot Com to list your home with Remax Alliance three
all three nine two zero sixteen twenty two. Yeah, ripped up.

Speaker 4 (01:11:20):
News needs who you don't have? Come running just as
fast as we can. Show Shooter's gonna help Come Man.

Speaker 15 (01:11:32):
Dix is the Troubleshooter Show. No Tom Martino, Hello.

Speaker 1 (01:11:38):
Tom Martino here, Welcome to the show. We got some
lively calls that went on today and we got one
that we're I don't know, we'll continue with it. I
do want to help her, okay. I want to make
that clear to her if she's on the line. I
do want to help you. I really do. But you
have to admit this is the weirdest story and I'm
gonna recap it again. Now listen carefully. I'm going to

(01:12:00):
recap it.

Speaker 2 (01:12:02):
Okay.

Speaker 1 (01:12:03):
Her disabled son went to Leland's Sheds to buy a
shed to use as a tiny home because he disabled
it homeless. The purchase price was seventeen grand. He made
arrangements for direct withdrawal from a social securety check to
finance it, even though even though his guardian didn't agree

(01:12:25):
to it, and his girlfriend has been his guardian for
eight years Okay, now, I doubt that would ever happen.
Next the girlfriend, Oh, I'm sorry. Basically, then, Teresa says,
when they delivered the shed, they had her signed something

(01:12:46):
and she said it was just for delivery, but they
claimed she was the purchaser, so they took her to court. Now, Teresa,
one thing I don't understand. Why did they take you
to court the first time? Did your son not make payments?
What were they taking you to court the very first
time for?

Speaker 8 (01:13:03):
Because the shed was in my name and I refused
to make payments on it.

Speaker 1 (01:13:08):
And he was okay, got it all right, that's all Teresa,
This all I'm honest to God. Please just wait. So
they took her to court because she would not make
the payments. Okay, Now here's what happened after that. She
in court, the judge said, take the shed back and

(01:13:29):
let's undo this mess. They needed to pick it up
within a certain time amount of time or a certain
time frame. They did not pick it up as ordered
by the courts. So then she said, we'll screw you.
I'm not keeping my fence down and all that I want,
and I also want storage. Okay. They went back to

(01:13:52):
court and they got an order to pick it up again.
This time they came back with a share and she
said they beat her up. They broke her ribs, knocked
out her teeth and then take the story from there.

Speaker 2 (01:14:08):
Then what.

Speaker 8 (01:14:11):
They gave me a concussion, scarred up my arms and
bruised me up. I have videotapes of it all and
body cameras of it all. I went to court.

Speaker 1 (01:14:21):
Now, did they do it because you were trying to
stop them?

Speaker 8 (01:14:26):
Yes?

Speaker 1 (01:14:28):
Okay.

Speaker 8 (01:14:29):
They had no warrants, so.

Speaker 1 (01:14:30):
You were resisting. You were resisting a warrant. You were
resisting it a court order?

Speaker 8 (01:14:37):
Yes, because the court order.

Speaker 1 (01:14:39):
Okay, Now, so then what happened? Keep going that well
you in your opinion, it wasn't go ahead, keep going.

Speaker 8 (01:14:46):
They removed me, They took me to the hospital. They
arrested my disabled daughter, put her in a car, and left.

Speaker 1 (01:14:58):
So your daughter's disable to.

Speaker 8 (01:15:01):
Yes, they left, Tony.

Speaker 1 (01:15:03):
Are her minor children disabled? Are they disabled?

Speaker 8 (01:15:07):
No? No?

Speaker 2 (01:15:09):
Okay?

Speaker 1 (01:15:09):
What else?

Speaker 8 (01:15:12):
They took down the fence, which was trespassing, and they
came onto the property, took the shed off the property,
come to the hospital, released me with a ticket, and
they released my daughter from the car. And then they
arrested me for a child abuse and neglect.

Speaker 1 (01:15:32):
The child abuse and neglect how.

Speaker 8 (01:15:36):
Because the children were because shed no, because they were
left on the property unintended from what I understand.

Speaker 1 (01:15:48):
Yeah, that's not why. Listen, I know you want to Teresa.
If I'm going to help you, if we're going to
look into this, we need complete transparency. Now. It's it's
obvious if they sent you to the hospital and arrested
the mother and those two kids were left on the property,
it's pretty obvious they're not going to charge you for neglect.

(01:16:10):
So you're leaving out a part of the story and
later on we're gonna find out what it is after
you come clean. But but that's not why they arrested
you for neglect. That's not why. Okay, that's not why,
because they're the ones that put you in the hospital
and your daughter was arrested, and if those kids were
left there, the police aren't gonna say, oh, by the way,

(01:16:31):
you left your kids. Okay, it just doesn't make sense.
So don't try to get it to make sense, because
I'm not gonna believe it because that's what you're telling
us happened.

Speaker 8 (01:16:40):
Right, It's all on video.

Speaker 13 (01:16:43):
Tape.

Speaker 8 (01:16:44):
I have it on video cap.

Speaker 1 (01:16:45):
Okay, so so they knowingly, they knowingly took you to
the hospital and arrested the mother and left the kids
there and then charged you for leaving the kids there.

Speaker 8 (01:16:57):
Oh, babe, the children were not were not my daughter's children.
They were my foster children.

Speaker 1 (01:17:05):
And why did they if they were your foster children,
why did they charge you for leaving them? If you
were sent to the.

Speaker 8 (01:17:13):
Hospital I had asked. I demanded from the cops before
they arrest me, that they have Department and Social Services
come and take custody.

Speaker 13 (01:17:22):
Of the children.

Speaker 2 (01:17:24):
And what happened then.

Speaker 8 (01:17:26):
There was no caseworker available, so they removed the adults office,
they took the shed, They let the adults all go,
and they left. About a month later, I went to
court to file some paperwork and they arrested me for
child abuse and neglect.

Speaker 1 (01:17:47):
And the date Okay, it had nothing. It had nothing
to do with that. It had nothing to do with
that day. It was the condition they found your foster children.
How old are your foster children?

Speaker 8 (01:17:59):
Fourteen? And and she turned twelve?

Speaker 1 (01:18:05):
Okay, Now how long have you had these foster children?

Speaker 13 (01:18:09):
Eight years?

Speaker 1 (01:18:11):
And tell me what they found wrong? With the kids.
Were they taken away from you?

Speaker 8 (01:18:17):
I don't know. They arrested me, and the date of
the incident was the date that I got beat up.

Speaker 1 (01:18:25):
Well, that was the day they discovered their condition. That
was the day they discovered their condition. Listen, Teresa, I
know you want to make it sound like they arrested you,
took you away, and then charged you for leaving them.
That's not what it was. I know that's what you
want us to believe, but that's not what it is.
When they examined those children, they were probably horrified by

(01:18:46):
something and they charged you. Where are those kids now?

Speaker 8 (01:18:52):
The children saw social services. They came after I was
taken to the hospital. A caseworker came and she said
she told the cops that the boy was old enough
to monitor the girl. There was no obvious abuse or neglect,
so she refused to take custody of the children.

Speaker 13 (01:19:13):
The children, Okay.

Speaker 1 (01:19:15):
So where did they go?

Speaker 5 (01:19:17):
Then?

Speaker 8 (01:19:19):
They stayed here? Huh until a week later they ran
away from home. And when they ran away from home,
the placed with their biological mothers, and I was arrested
for child abuse and neglect.

Speaker 1 (01:19:34):
Okay, so that's what happened. They ran away from home.
They went to their biological mom and they said, please
save us from this crazy lady. Whether you believe it
or not, that's what they did. That's why they arrested you.
So you see, now that's the more accurate rendition. They
ran away to their mom and said, please help us.
What specifically were the charges for. What are they saying

(01:19:59):
or what is the biological biological mom saying you did
to the foster children.

Speaker 8 (01:20:06):
I'm not sure the date on the arrest. Warrant was
issued the day that October twenty eighth, the day that
they came to pick up the shed. I have not
understand that, so I don't know what was said or done.

Speaker 1 (01:20:24):
But you do know that your foster children made claims
to their biological mother.

Speaker 8 (01:20:31):
No, the report was made by the officer who beat
me up to directly to Department of Social Services.

Speaker 1 (01:20:37):
So okay, report the arrest didn't come until your kids
ran away to their mom, and their mom is the
one that called the police. They backdated it, but I'll
bet you the mom is the one that made the
The biological mom is the one that made the report.
These kids went from the frying pan into the fire

(01:20:58):
and then back to the frying pan.

Speaker 5 (01:21:00):
Teresa, when you were arrested, When you were arrested at
the wait.

Speaker 1 (01:21:02):
Hold on before you go on, are those foster children
still in your custody?

Speaker 8 (01:21:08):
Not at all.

Speaker 1 (01:21:09):
They're with their mother, Praise Jesus. Okay, what were you
going to say to.

Speaker 2 (01:21:14):
Me, Teresa?

Speaker 5 (01:21:14):
When they arrested you at the courthouse and you said
you went there to file some paperwork. What was the
nature of the paperwork you were filing? And in what case?

Speaker 8 (01:21:25):
I received the letter in the mail that stated Department
of Social Services had found me guilty of child abuse
and neglect and I had the right to an appeal,
So I went to the courthouse to appeal that, and
they arrested me there for.

Speaker 1 (01:21:44):
And what were you arrested for there? What were you
arrested for that day?

Speaker 8 (01:21:52):
A warrant for child abuse and the gluts?

Speaker 1 (01:21:55):
Was it for not showing up to the first one?

Speaker 8 (01:22:00):
I had not been They dismissed me from the case
when when we had gone to court when the children
ran away?

Speaker 1 (01:22:10):
So so you never were convicted? You were never convicted,
you're telling me truly? Never convicted of abuse and neglect then?
Or were you? Is there a conviction on your record
right now, that's a yes or no.

Speaker 8 (01:22:23):
There is nothing on my record from nineteen ninety.

Speaker 1 (01:22:28):
And that's okay. So right now, that charge, wait, that
conviction for child neglect and abuse? They took your children away,
your foster children, and placed them with a biological mom.
There is no record of that anywhere.

Speaker 8 (01:22:44):
No. I gave the children back under I reallocated parental
REPI I'm.

Speaker 1 (01:22:49):
Asking you again, is there a record anywhere of an
arrest or a charge for neglect and child abuse? Is
there a record anywhere of a charge, charge or arrest?

Speaker 8 (01:23:05):
I don't know. They arrested me, so I think there is.
They arrested me for Okay.

Speaker 1 (01:23:10):
Now, were you convicted of that charge? No?

Speaker 8 (01:23:14):
I haven't even gone to court for it yet.

Speaker 1 (01:23:17):
When do you go to court for it?

Speaker 8 (01:23:23):
March seventh.

Speaker 1 (01:23:26):
Here's what's funny. You say you were not convicted, but
you were at the court yourself to file an appeal
of the conviction. So, Teresa, you are selectively lying to
make your story make sense. So why were you appealing
a conviction? Why are you appealing a conviction that never happened.

Speaker 8 (01:23:49):
It was a conviction through Department of Social Services. They
have their own criteria.

Speaker 1 (01:23:55):
Well, then you were convicted, not in court, it was
by mail through Department of Social Services they found her guilty.
So how do you know that? Excuse me? How do
you know that?

Speaker 5 (01:24:05):
She told us that she got a letter in the
mail from Social Services saying they found her guilty, saying
what that they found?

Speaker 1 (01:24:12):
Did they say conviction in the letter? What did they
use or did they say they found merit? What did
they actually say in that letter to you that you
could appeal.

Speaker 8 (01:24:22):
That I had been found neglect uh guilty of child
abuse and neglect and to appeal this decision through department? Okay, Okay,
got it.

Speaker 1 (01:24:34):
It wasn't a conviction. It wasn't a conviction. You're right,
it wasn't fair. What can we help you with though?
I'm kind of lost in that. How can we help
you out? Teresa? This has anything to do with Leland?
Shed's okay. Here's what happened from the beginning. From the beginning, Teresa,

(01:24:56):
you don't want to hear this. I don't know Leland,
and I'm going only by what you're telling me and
whether you want to hear it or not. They maneuvered
you and you signed for that. Shed. You didn't make payments.
There was a judgment. I'm telling you that this has
nothing to do with what leland Shed did to you,
nothing at all. First of all, I believe those children

(01:25:18):
probably were neglected, maybe not abused, but they were definitely neglected.
I just feel that in my spirit. I also feel
that you have no idea what went on with that transaction.
And I think you signed without knowing what you signed.
And I think most of your problem, and I don't
mean this as an insult, is ignorance of the process.

(01:25:39):
That's what it is. And if you're calling to try
to tell me that you want to prevent this from
happening to other people, then I would have to also
tell people that when there is a lawful court order
to remove something from your property, you don't stand in
the way. That's the proper way to handle it. You
just don't stand in the way, and you don't get

(01:26:01):
beat up, and you won't get arrested. And then you
just this whole thing just cascaded. It all cascaded, and
right now you're waiting to go to court for abuse
and neglect. And thank god, you don't have to pay
for that trail. You don't have to pay for that shed.
Is that right? You don't have any judgments against you

(01:26:22):
right now. No, So the only thing right now on
your plate, and I don't want to make this sound
like it was walk in the park, and I do
believe that you are probably taking advantage of But the
only thing on your plate right now, right now is

(01:26:43):
this child abuse and neglect case.

Speaker 2 (01:26:45):
Is that right?

Speaker 8 (01:26:49):
Yeah?

Speaker 1 (01:26:52):
Then I suggest something, Teresa. Honest to God, this is
I'm going to give you some advice. I swear to you.
You want this advice, and it is forget about the shed,
forget about what they did on your property, forget about
you getting beat up. You got to move past that.
I am telling you what you need. You can see

(01:27:13):
a civil rights attorney later on in your life, but
I'm going to tell you something. You better concentrate on
getting rid of this neglect charge and this abuse charge
because that will follow you the rest of your life.
And if you try to bring up the tiny shed
and all of the crap that happened to you because
of that, it makes no sense. Right now, the condition

(01:27:38):
of those foster kids is all that matters, and their
accusations and any evidence they have, it doesn't matter that
it happened on the same day you were beat up.
I know you think it does, but it doesn't. And
it doesn't matter that it happened when you were sent
to the hospital, because that's not why it happened. You

(01:27:58):
are connecting things is because you feel abused and you
feel taken advantage of. But all of these separate things
that happen to you you're putting together. And I'm telling
you it's you're going to joust at windmills. As I've
said in the past, You're going to get nowhere. You're
gonna get absolutely positively nowhere. Your best course of action

(01:28:22):
right now is to repair your fences, literally, move on,
help your son any way you can, and just try
to defend yourself against this neglect and abuse. And if
you bring up that they beat me up first and
then they charge me with neglect and abuse, it's going

(01:28:42):
to go nowhere. What you have to concentrate on are
the children. Why are they saying they were neglected and abused?
That's what you have to concentrate on. And if I
were you, I would contact social services and say what
can I do to make this go away? I don't
ever want to take in foster children again, I did

(01:29:03):
nothing intentional? What can I do to make this better?
Are there classes I can take? Are there things I
can do? But Teresa, I know you're not going to
do that. I know you're going to go in and
try to fight the entire case from the beginning and end.
I know you're going to try to make this a
problem for leland Shed's. I know you're going to try
to make it a problem because you're going to say

(01:29:24):
they beat you up for no reason. I know you're
going to try to make a case that your property
was destroyed and that they had no constitutional right to
do it. And you know what, Teresa, you will die trying.
I'm sorry, but we're not going to do anything about this.
I'm Tom Martine. Go with a sure thing Denver's best

(01:29:50):
roofer Excel roofing dot com. You don't pay a cent
until you're content. Time for an insurance check up free,
no obligation. In comparison, call Compass Insurance paying too much
your coverage at dozens of insurance companies find out now
three oh three, seven seven to one help. You'll think
you're his only customer When you choose Frank durand the

(01:30:11):
real estate man dot com to list your home with
Remax Alliance three oh three nine two zero sixteen twenty two. Hey,
Tom Artino here three O three seven one three talk
seven one three eight two five five. All right, Mark
left the building, so it's just me and the mutant

(01:30:32):
deputies and Uncle Kevin at the helm there and or
whoever there's okay, anyway, guys, listen, let's talk. I want
to bring up that mechanic that other case. Okay, we
got to bring it up. Chelsea. Let me recap this
and tell you what happened. She bought a used twenty

(01:30:54):
fifteen Chevy Suburban, and she bought it from auto Shop
December of twenty twenty four. Had one hundred and sixty
miles onreds after one hundred and sixty miles on a
used car. She had a transmission problem since there was
a three month warranty. She took it to Nichols and

(01:31:15):
signed a workwater. He rebuilt the transmission and now wants
six grand from her. Here's the problem, she says, she
told him, and we should get her back on She
told him there was a warranty on it and he
was supposed to check with the warranty company, and she

(01:31:36):
said he didn't and therefore she can't pay for it,
and the warranty would have paid for it, but they
won't pay for it now because the work's already done.
But that's it in a nutshell. And Dimitri, who is
working on it, you talked to you talked to James
over at Nichols, correct, and he told you. Let me
get this straight. He told you he had talked to

(01:31:58):
the warranty company, right, Yes, he did. He is that right, Dimetri? Yes, yeah, okay.
Did you get the impression by the way that James
was a deceitful man? I want to know your gut feeling.

Speaker 5 (01:32:12):
My gut feeling was that the second story I got
from James was crafted strictly for the purpose of responding
to this radio show, and therefore I'm more likely to
believe the very first story, which was spontaneous and unrehearsed
and unprepared. And the first story was what that he
called the warranty company they approved the repair, and he

(01:32:35):
completed the repair, and.

Speaker 1 (01:32:39):
They say they did not approve it. What they said
was they needed diagnostics.

Speaker 5 (01:32:43):
Correct. I have that in writing from the warranty company.

Speaker 1 (01:32:48):
Good well, I found an interesting part of the story,
and I have to take this break. It's my fault
because I've been going crazy here on content and stuff
and I'm going to have to quickly do an break, right,
isn't that right? Dragon? Okay, So put those spots in
there so I can get them done. And here's what
I want to say. I want to come back and

(01:33:12):
talk about this, but I want to get her back
on the air because I need to ask her some questions. Kachina.
Can we get her back on the air, Yes, of course, Okay, good, good?
And then anyone else with any other calls three oh
three seven one three talk three oh three seven one
three eight two five five. By the way, I got

(01:33:32):
someone listening from Alaska, Wassilla, Alaska, and I'm gonna send
him some swag. Terry Vosssilla, Alaska. You his address.

Speaker 2 (01:33:45):
I'm gonna do you know who.

Speaker 5 (01:33:46):
Else is from Alaska? Who's a really really famous family
vice president? No, she was, well Almo, I meant I
was being facetious.

Speaker 1 (01:33:59):
She was the may who was from Mosilla.

Speaker 2 (01:34:01):
The mayor of Whatsilla was who remember Sarah Palin McCain's.

Speaker 1 (01:34:11):
Oh yeah, I didn't know she from from was from Mosilla, Tom,
I didn't, well, man, I didn't know that. I knew
she was from up there somewhere, but I didn't know
where specifically anyway. So I got to take this break,
and not before telling you about Frank drand the real
estate man who will do a market valuation for your

(01:34:33):
home for the asking. So remember that if you want
to know what your house will sell for, ask him.
He can give you the the all the market elements
that will go into that price with no obligation whatsoever.
Three oh three nine two zero sixteen twenty two. Frank
Randireal estate Man dot com. And don't make any choices
about insurance without the insurance checkup. Make sure you're not
paying too much or you're not under insured, but you

(01:34:55):
could be dangerous. A free insurance checkup, honest to god,
objective and that's Compass Insurance three oh three nine nine
six nine thousand. Go with a sure thing Denver's Best
roofer Excel Roofing dot com. You don't pay a cent

(01:35:15):
until you're content. Time for an insurance check up free,
no obligation. In comparison, call Compass insurance paying too much
your coverage at dozens of insurance companies. Find out now
three oh three seven to seven to one help. You'll
think you're his only customer when you choose Frank durand
the real estate man dot com to list your home

(01:35:36):
with Remax Alliance three oh three nine two zero sixteen
twenty two. All right, I'm Tom Martine. You're troubleshooter. So
we talked about Chelseawood, who went to this place to
get her carve here. Now here are a few things
I didn't know, and Chelsea, I'm not trying. This is
not a gotcha moment. By the way, I don't think
there is a gotcha moment because Chelsea, you yourself have

(01:35:58):
been going to James and Nichols years and years, and
that place has been in business since the seventies. I
don't think they got along this long trying to lie
and cheet to people. I really don't. Now, I know
there is a cut there. There is a cut where
he says play that recording where he was on the
air James, and he said he did call the warranty company,

(01:36:18):
go ahead play that. So basically what you're saying is
the warranty company approved it. You guys did the work.
But then at the end they decided they were going
to pay it because you guys couldn't provide stuff that frankly,
you couldn't even provide if you if you had to.

Speaker 10 (01:36:36):
That's exactly correct.

Speaker 1 (01:36:38):
Oh man, this is an interesting case, James. How did
the approval get to you? Was it the email a
text message that somebody from the warranty company call you
with an approval? What evidence can we offer to the made?

Speaker 10 (01:36:52):
I made the call to the end to the company
and yeah, so, and it was all verbal.

Speaker 1 (01:37:01):
I believe them. Do they give you a total authorization code? Maybe?
But I believe them. I'm gonna tell you why I
believe him. Here's something we didn't hear before Chelsea even
went to him. Another dealer called them. Another dealer did
all of the diagnostics, including pictures and photos, and Chelsea

(01:37:23):
chose not to have that dealer do the work, but
went to Nichols. Now that's not a gotcha moment, Chelsea,
that's just a fact that we didn't know about. So Nichols,
James at Nichols assumed all of that diagnostic stuff they wanted,
and the approval that they had gotten would have been
good to go ahead. And do it. But because they

(01:37:45):
didn't do the work and he went and did the work,
they're claiming they wanted all that work again. They wanted
all that done again. He also says that when you
dropped off, he said, when you dropped off your suburban,
he said, you gave him authority to go ahead. You said,
I need to get this fixed, and to go ahead.

Speaker 2 (01:38:06):
And do it.

Speaker 7 (01:38:08):
No, So the other the company that it was at
that I took it to, originally the viewer that did
other repairs, they they never talked to the warranty company.
They had no they I told them about the warranty
company after I picked.

Speaker 1 (01:38:25):
No, they didn't. They did not talk to the warranty company.
He assumed they did. He they had that complete repair
broken down as to what you needed on your transmission,
he said, along with even a picture of one of
the parts that they wanted.

Speaker 7 (01:38:41):
Okay, So what he told me after that was that
they what they said it needed. I believe they said
it needed a TCM transmission control modules, so that it
didn't even need that, and they couldn't they couldn't tell
what the originally dealers, so they couldn't even tell what
it needed until they put the transmission apart, but that's

(01:39:04):
what they do, right.

Speaker 1 (01:39:05):
And they wanted authorization to take it apart. And he
told you. He told you that that thousand dollars was
for disassembly because he couldn't do it himself, and he
wanted to be paid for it no matter what. And
I'm here, Chelsea. Do you think James set out to
cheat you? I'm going to ask you that straight up?
Do you think that he set out to cheat you?

Speaker 7 (01:39:28):
No? No, No, I don't believe that at all.

Speaker 8 (01:39:31):
I don't think no.

Speaker 1 (01:39:32):
I don't believe it at all either. And I've been
doing this fifty years, and I'm going to tell you something.
I don't think James set out to cheat anybody. And
I think James was nervous being on the radio. And
I think James screwed up by fixing it. But he
said he got the clear impression that it had been
looked at before by this other company and that you
would have warrant. You said, why don't you just go
ahead and do it because you needed your car? You

(01:39:55):
told him you couldn't wait. Now is he lying?

Speaker 8 (01:39:58):
Tell him?

Speaker 1 (01:39:59):
So you didn't say, you didn't say.

Speaker 2 (01:40:00):
Go ahead and fix it?

Speaker 1 (01:40:01):
So you waved the written warranty, but you did not say,
I'm just asking a question. When you waved the written warranty.
You did not tell him to go ahead and start repairs.

Speaker 7 (01:40:14):
No, I knew what did you tell him the transmission apart?
So he said he was going to take it apart,
get it looked at, and then let me know from there.

Speaker 1 (01:40:25):
Right, And he didn't do that, right? Is that what
you're saying. He didn't do that.

Speaker 7 (01:40:31):
No, he told he called me.

Speaker 8 (01:40:32):
That was.

Speaker 7 (01:40:33):
I brought the car Monday the thirteenth, and then I
talked to him on the seventeenth, because we actually took
my parents' car there to get fixed while he had
my car, and I talked to him on that day
and he said, oh, yeah, I have the car taken apart,
and I have everything to send over to the warranty.
But that's all we talked about.

Speaker 8 (01:40:53):
At that time.

Speaker 1 (01:40:54):
Okay, here's what the problem's going to be. Okay, And
I know everyone on my staff believes everything you're saying,
and they think everything James is saying is a lie.
And I don't think either of that is true. I
think there is some gray area here and people just
he wanted to get your car fixed. He was convinced
he was going to get the warranty to pay for it,

(01:41:16):
and it was documented by that previous dealer. And then
he said, he documented it, and he has documentation, but
they won't accept it because and we all forget. And
this is how convenient it is that my staff all
forgot how sleazy warranty companies are. We've never had a
warranty company that voluntarily paid for anything, and they look

(01:41:39):
for any excuse they can not to pay for something.
But all of a sudden, now they're holy and everyone
else are the demons. But you know, when it comes
down to warranty companies, Kevin, tell me about warranty companies.
Are they fourthright?

Speaker 2 (01:41:53):
Some are? Most of them challenge you every step of
the way.

Speaker 1 (01:41:56):
Most of them aren't forthright at all. They're pieces of crap.
What's the name of this onearrantee company? Have we even
checked them out? What's the name?

Speaker 7 (01:42:04):
It's called cars Protection?

Speaker 8 (01:42:06):
Plus I believe it's gonna chance.

Speaker 1 (01:42:08):
Yeah, And so we're automatically believe them. And not a
company that's been in business since the seventies and has
been serving you for more than ten years. We're automatically
gonna believe this car protection. Plus that all, we're not
paying for it.

Speaker 2 (01:42:24):
Now.

Speaker 1 (01:42:24):
They had two dealers document this stuff, and they know
that you needed a transmission, and there's no reason for
them to turn it down. There's no reason for it.

Speaker 7 (01:42:35):
They're just looking for an excep to get the recordings
between them and James, and they won't give it to me.

Speaker 1 (01:42:45):
No, of course they won't because they're lying to you now.
I believe they did want more documentation from James, and
I believe James probably screwed up too. I believe it.
But does it mean you didn't need the work? No,
it doesn't. When when we talk of substance over form,
what is the substance over form? That's what the RS

(01:43:06):
always says, substance over form meaning you needed a transmission.
He didn't lie to you about it, neither did the
previous dealer. He documented everything as he went. He still
has that documentation. He made the repair, and your car's
ready to go, and now he's the bad guy and
the warranty company is holy. I'm sorry, I don't buy

(01:43:30):
this scenario. The warranty company is trying to sleeze out
of it anyway, they can, and the warranty company sucks
if you look him up. So what I want to
know is, why is it then everyone is believing that
a company in business since the seventies, which isn't a
small feat in the car business, and this guy has

(01:43:52):
been part owner for ten or twenty years, how the hell?
And they've been serving you faithfully and you've loved them.
All of a sudden he's the bad guy. It just doesn't.
It didn't add up to me. And I know sometimes
I know, sometimes people get on a kick and then
they do what's called confirmation bias. They look for things

(01:44:15):
to reinforce their belief as opposed to looking at it objectively.
I don't mind going after people, but I certainly don't
think this is the place to do it. Right now.
We should go after the warranty company and say did
she need a transmission or not, because that's the real
substance of it. And what James over at Nichols said is, look,
we're not trying to rip off Chelsea. She's been our

(01:44:36):
customer forever. We'll make payment arrangements, we'll do whatever she wants.
She can get her car. We just want her to
know we did nothing intentionally to try to cheat her.
She was gonna need a transmission no matter what. Yeah,
and he said you wouldn't have problem. And he said
you probably wouldn't have gotten a better price anyway. So, Kevin,

(01:44:58):
on that car, you know, six I don't know, is
that a terrible price or six grand? Is that a
terrible price for that transmission?

Speaker 2 (01:45:05):
It's not.

Speaker 6 (01:45:05):
It's it's in the upper range, but it's it's well
within the range.

Speaker 2 (01:45:10):
Yeah, we would have Okay, we would have been very
similar priced.

Speaker 1 (01:45:15):
Okay, Chelsea, what were you gonna say? Dear?

Speaker 7 (01:45:19):
Oh, that's why I tried to ask James if you
can figure something out.

Speaker 1 (01:45:24):
The last time I spoke, James said he will work
with you. He wants you to call him. Okay, here's
what I want you to do. Listen, I gotta take
a break. I'll come back and tell you what to do.
Hold on right after this, go with a sure thing
Denver's Best roofer Excel roofing dot com. You don't pay
a cent until you're content. Time for an insurance check

(01:45:50):
up free no obligation comparison call compass insurance paying too
much your coverage at dozens of insurance companies find out
now three O three seven seven to one help. You'll
think you're his only customer when you choose Frank durand
the real estate Man dot Com to list your home
with Remax Alliance three oh three nine two zero sixteen
twenty two.

Speaker 2 (01:46:09):
Yeah, ripped of.

Speaker 4 (01:46:16):
New needed so you don't have them running just as
fast as we can. Show Shooter's gonna help.

Speaker 15 (01:46:27):
Come Man Dix is the Troubleshooter Show.

Speaker 1 (01:46:32):
No Tom Martino, Hey Tom Martino. Here, let's go to
the phones. Let's try to get this show.

Speaker 2 (01:46:37):
On the road.

Speaker 1 (01:46:39):
We've had a lot going on, and I want to
take a caller who've been waiting earlier today. One Clear
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if you need it. One Choice Garage Doors, and the

(01:47:01):
site is one Clear Choice Doors dot Com. One clear
Choice doores dot Com. All the prices on that website
seven to zero three seven zero thirty nine eighty seven. Now, Chelsea,
here's what we're gonna do. Bottom line, I believe that
James and this auto shop's been around too long that

(01:47:22):
I'm going to side with a warranty company. Now, he
may have technically not gone through the proper process, that's possible,
but I also believe it's possible they misled him when
he called and they said just take it apart. They
wouldn't pay for taking it apart. That's why you paid.
He took it apart, and he documented everything it needed

(01:47:43):
while he fixed it. Now, technically they say he should
have called back first. Now what I think is they
do anything to drive you out of paying, just like
any warranty company, and Kevin will tell you that most
warranty companies will. But here's the bottom line. If it
truly did need that stuff, I think you should get
paid for it, whether he did the technicality or not.

(01:48:03):
And I don't think he did it to screw you.
I think he did it because you knew you were
desperate to get your car, and you've been going there
for ten years. This place has been opened since the seventies.
And I choose to side with them as opposed to
a warranty company. And I say we go after the
warranty company. So that's what we're going to do. That
is if I can get the love affair broken with

(01:48:25):
my staff and then they go after the warranty company
for payment. Because the substances it needed a transmission period.
No one's denying that, even your first shop, and no
one's denying you needed a transmission. So what we need
to do is document it needed a transmission and maybe
even start small claims court against this warranty company. That's

(01:48:48):
what I would do, and I think he'll win threeh
three seven to one three talks seven one three eight
two five of Let's give this to somebody to work
on that believes in going after the warranty company. Please.
I think that's what we need. Someone who's going to
take a fresh look at this and say, look, ninety
nine percent of the time, warranty companies are sleazy pieces
of crap, not upstanding wonderful citizens. So let's go after

(01:49:12):
it with that in mind. Paul, Welcome to the show.
What's going on with you? Paul?

Speaker 12 (01:49:19):
Well? I am calling back because several weeks ago I
called in and my Hitvvy truck had been down October.
I was coming home from South Dakota and quit on
me so, oh yeah. The short of the story is
I took it to Chivy and they misdiagnosed it as

(01:49:42):
a high pressure fuel pump.

Speaker 1 (01:49:44):
When when did you call? I remember this call? When
was it?

Speaker 9 (01:49:50):
I had been over three weeks ago, I believe, Yeah, yeah,
and you called and Chopper worked with you.

Speaker 12 (01:49:57):
Right, yes, that's correct.

Speaker 1 (01:50:01):
And tell me how So tell me what happened.

Speaker 12 (01:50:06):
Well, I went to them with the misdiagnosed. This was
with Spradley Chevrolet Hyundai here in Pueblo, and I told
him that it was still throwing the same code that
it was thrown before they diagnosed it and was supposed
to have fixed what the problem was. It was pretty

(01:50:30):
expensive for the high pressure fuel pump.

Speaker 1 (01:50:34):
And so what happened?

Speaker 12 (01:50:36):
Took him back. They rediagnosed it and said it with
a fuel rail, which was another twenty eight hundred dollars,
And I told him I'm not paying that. You guys
misdiagnosed the first one. And so initially they told me
to walk. So I told him I was going to
try to find an attorney or somebody, and that's when
I write, well and right, they did call me back,

(01:50:59):
and they did say that they would do the repair
without charging me. And uh, and they did that. It
is fixed, it's running right.

Speaker 1 (01:51:11):
That's great man, that is great. I'm really happy. I'm
really happy about that. That is so cool. So I'm
glad that you were able to do it.

Speaker 3 (01:51:24):
Yeah.

Speaker 12 (01:51:24):
I wanted, you know, I want to give them the
benefit of the doubt. It's shitty truck, so, you know, give
them the chance to stand being.

Speaker 1 (01:51:34):
Was this the Silverado by the.

Speaker 12 (01:51:35):
Way, Yeah, yes, it was all right.

Speaker 1 (01:51:40):
So I think that I think Chopper wanted. Probably he's
looking for my dinger and uh, there you go, Chopper,
you get the dinger for that.

Speaker 2 (01:51:51):
Olly.

Speaker 1 (01:51:51):
I should give him some applause too. Anyway, But thank
you Paul for letting yourself and of course that goes
out to the dealer who came through in the end.
So thank you for letting us know that.

Speaker 3 (01:52:05):
Paul.

Speaker 1 (01:52:05):
Three oh three seven one three eight two five five.
All right, what else are we going to talk about?
Stump the mechanic? Deputy d never without surprises, has come
up with another set of questions. D Are you ready
to stump the mechanic?

Speaker 5 (01:52:23):
Yeah, I'm still wrapped up in my love affair with
a warranty company. But let me break away from that
for a second.

Speaker 2 (01:52:31):
Now.

Speaker 1 (01:52:31):
All I suggested was we were all globbing on to
the warranty company assuming they were one hundred percent correct,
never even thinking, well, wait a minute, have we ever
had a warranty company lie to us before?

Speaker 2 (01:52:44):
We have?

Speaker 5 (01:52:45):
However, well, I'll send you an email about it. But
let's let's play stump the mechanic because share it an audio.

Speaker 1 (01:52:52):
And here's another thing. Here, here's another thing. I really,
I really want to get across to people. The spirited
discussions we have about disagreements about problems should never come
down to who's right and who's wrong. It should come
down to what is the consumer? How can we help
the consumer the most we can, and who's the real

(01:53:12):
bad guy here? I mean, it's not whether I'm right,
or Mark's right, or you're right. I don't give a damn.
If it turns out that this guy's a scumbag and
he's lying to us, and they will let the recording,
let us hear the recording, I'll be all for it.
But here's one thing mysterious. They won't let us hear
that recording. They won't let her hear the recording. Yet
they claim that they told him what they needed, but

(01:53:35):
they won't let us hear it.

Speaker 3 (01:53:37):
Now.

Speaker 1 (01:53:37):
Wouldn't that be the easiest thing to do to clear
this up. Let's hear the recording, Let's hear when he called.
That would clear it up, and I would stand corrected.
I would say, you know what, I am corrected. The
warranty company was telling the truth all along. But right
now I'm not ready to do that based on my
past experience. But hell, I don't have much experience. Maybe

(01:53:57):
I ought to just go by. You know what that
woman thinks of the mechanics. She's been going to for
ten years. She loves him, she said. I was surprised,
I asked her off the air. Do you think this
guy did anything wrong? I mean, does anyone really truly
believe that he needed a six thousand dollars repair so
badly that he was going to chance screwing a consumer
of ten years and getting collection from a warranty company.

(01:54:21):
Anybody believe that? Really? Truly? Look at it in its totality,
does it make sense?

Speaker 2 (01:54:26):
None of the.

Speaker 1 (01:54:29):
I think what happened, well, everyone actually suggested it. I
think that what I think happened is he might have
screwed up. I don't think he did the proper process,
but I think he was misguided by them on the phone.
And Kevin, we've had that happen before. Will they'll misguide
you on the phone. I'll just document everything. We'll take

(01:54:50):
care of it. I mean, it has been done before.
If it hadn't been done before, I'd say that's impossible.
Warrant you companies never ever ever say anything wrong ever, Mark,
go ahead, go ahead, Mark.

Speaker 9 (01:55:04):
Look, there's the craziest, the craziest thing just happened. I
had another car smashed into me. I'm going to go
get it repaired, and then I'm going to call my
warranty company. After I call Excel Roofing and get a
new roof on, and then I'm going to call up
my home numbers and make sure they pay.

Speaker 1 (01:55:23):
For You know, Mark, Mark, you know what. You totally
are making no sense. Here's what we have. We simply
have a woman who came to him and nowhere we
should mention on the paperwork. Does it ever even mention
a warranty? Okay?

Speaker 3 (01:55:39):
Never?

Speaker 1 (01:55:40):
And he acknowledges it, Okay, yes he did. And what
he said was he called the warranty company he's not
saying he didn't call them. He said he called them
and they told him to take it apart. They're not
going to pay for teardown. And then if he documents everything,
and if they if he documents everything as he goes,

(01:56:01):
they will pay for the repair if it's the transmission,
if it's anything more than the transmission, he has to
let them know. He said he did exactly that. Now
they're saying he shouldn't have fixed it. So I don't know.

Speaker 9 (01:56:13):
Why heaven, Kevin, would you have ever done it without
an approval number, ever, ever, ever, ever.

Speaker 6 (01:56:21):
No, it's it's not standard procedure. But I agree he
didn't do it maliciously. I don't think he did it
to steal.

Speaker 1 (01:56:26):
From what I'm.

Speaker 13 (01:56:27):
Saying, mark maliciously either he's.

Speaker 1 (01:56:31):
He's I think he screwed up. I told you that.
I told you that, I think he screwed up. But
I think that I am. I'm hesitant to say that
he owes her that transmission just because.

Speaker 13 (01:56:44):
Of that, well, the warranty.

Speaker 1 (01:56:47):
I think the warranty.

Speaker 9 (01:56:48):
Ever looking at it, without ever looking at it, would
never pay in a million years, just like my well
guess what guess.

Speaker 1 (01:56:58):
Because We've had cases exactly like this where the guy
did not get pre approval, but we showed that he
actually needed it, it would have been covered, and we
got it covered. Now, tell me you don't remember cases
like that. We have cases all day long. I'm not
saying it's the ideal thing to do. Now. It would
be different if the guy did a bunch of other
repairs that they didn't need. But if it needed a

(01:57:19):
transmission and he documented it, and he has that documentation
including photos at his shop, and he can show that
to the warranty company, there is no reason they should
not pay simply because it went out of their procedure.

Speaker 5 (01:57:34):
Okay, I'm the only one who read all kinds of insurance. Come,
I read the contract, Tom, I'm the only one here
who read the cost contract with her warranty company.

Speaker 2 (01:57:45):
And here's what it says, in bold letters.

Speaker 5 (01:57:48):
Your repair facility must provide us with an estimate for
the cover to repair in order to obtain an authorization
number before any repairs have begun.

Speaker 2 (01:57:55):
All capitals an.

Speaker 1 (01:57:57):
Okay, So, Dmitri, Dmitri, hold on, excuse use me, Dmitri,
excuse me. Please, you're reading a contract between a consumer
and a warranty company. You're not reading a contract between
a mechanic and the customer, or a mechanic and the
warranty company. That mechanic is not bound by that contract.

Speaker 5 (01:58:16):
No, of course not. I made no such representation. But
this is this is the what you said.

Speaker 1 (01:58:21):
Was you're the only one that read the contract. What
does that mean that? What does that mean? Does that
mean that somehow that, somehow that mechanic is supposed to
know what that contract says and a bide bye at all?

Speaker 5 (01:58:34):
This is the reason the warranty company is denying the
claim any repairs performance that's will be.

Speaker 1 (01:58:40):
And I'm going to ask you something, And I'm going
to ask you something. If a warranty company wanted to
get out of a repair, and god knows that never happens,
Let's say they wanted to get out of repair, is
it possible that they could say to a mechanic, just
go ahead, do this, this, and this, We'll take care
of it. Is it possible that the canic, not seeing

(01:59:01):
that contract, not knowing he needed a number, not knowing
he needed this, not knowing he needed that. Is it
possible that, on the good faith of his customer, he
had for ten years and a phone call to a
warranty company. Is it possible he just wanted to get
her down the road and he fixed the transmission thinking
he would be paid. Of course, it's possible, And what

(01:59:22):
I'm saying is to assume otherwise is ridiculous. Why would
anyone even do a repair on the off chance they're
not going to get paid. No one would do it
in their right mind. I am saying he might have
screwed up because he did not know the terms and
conditions of that contract. And I wonder why who could
have given him that contract to read? Who could have

(01:59:44):
given it to him? He wouldn't have gotten it out
of the sky. She would have had to have given
it to him. She was the one under contract. She
should have said to him, by the way, you need this, this,
and this, because it was her contract. You see, we're
putting all the burden on a guy who someone bought

(02:00:05):
a repair a vehicle to be repaired. And you know, Kevin,
I'm surprised you're not chiming up more, knowing how sleazy
these warranty companies are.

Speaker 2 (02:00:13):
Well, no, they are.

Speaker 1 (02:00:14):
And you got a you know, we're not talking about
a fly by night mechanic who was in business for
five minutes, le Kevin.

Speaker 9 (02:00:21):
Talk, I'm what you just asked them?

Speaker 6 (02:00:23):
No, it's you gotta dot every I and cross every tea.
I mean, that's the whole point with the warranties. Absolutely,
they're sleazy, and that's why you got to do your
due diligence and do it right.

Speaker 13 (02:00:33):
And that's not up to her.

Speaker 1 (02:00:39):
And what if the mechanic did not know he needed
an authorization number? What if he took that verbal assurance
on a record on what if he took that verbal
assurance as gospel? What if he did what if he
took that verbal assurance's gospel? And you know all I asked, am,
I just asked the warranty company, you know what, let's
hear let's hear the recording. It'll put it all to rest.

(02:01:00):
If you told him he needed to call back for
an authorization number, let's hear it. And guess what, they
won't show it. They won't let us listen to it. Hmm.

Speaker 3 (02:01:12):
I think So what I think.

Speaker 1 (02:01:13):
She should do is sue the warrants.

Speaker 9 (02:01:14):
You come, every chound would have had the approval. You
can call one hundred in cold call him right Now,
every single shop wouldn't have done anything till they.

Speaker 1 (02:01:22):
Had the approval. Okay, And I don't know my heat,
So does that mean hold on? So does that mean
that a woman who brought a car to a shop
and signed a work in voice, never referencing a warranty
and also hold on a second and also waived her
right to a written estimate and gave verbal approval according

(02:01:43):
to that contract in his notes, she gave verbal approval
that day to start repairs. So you're telling me based
on that, he had to have gotten that and should
have known the terms and conditions of a warranty company
that he never dealt with before. So that's what you're
telling me, And the fact that he didn't do it
means he shouldn't get.

Speaker 9 (02:02:02):
Paid after fifty years in business if he didn't know
how to deal with a warranty company like every other
person that's on our referral list, or quite frankly is breathing,
he's a moron in my opinion, and in my opinion,
he should be paying Mark.

Speaker 1 (02:02:18):
I don't need you calling people names. You know what,
You need a better picker. You need a better picker
when you're picking bad guys. Because you're off you're off
base here. Okay, it takes listen, it takes me something
to want to destroy a business, and I'm not likely
to do it just because a guy didn't you know,
he believed a warranty company and you know what, here's
the deal, just because he didn't know how to deal

(02:02:40):
with the warranty company. So my question is this, to
meet you, I'll ask you. So he shouldn't get paid.
That's what we're saying. He should give her that transmission.
Hold on, hold on, I think Mark, what are we saying?
I think Mark, what are we saying?

Speaker 2 (02:02:51):
Oh?

Speaker 5 (02:02:52):
I think Mark's position was, Look, the guy really should
have known better because he's been in business for decades.

Speaker 2 (02:02:58):
He knows how to deal with hi.

Speaker 1 (02:02:59):
And Okay, now my question is he didn't, so now what?
So now what?

Speaker 8 (02:03:02):
Now?

Speaker 1 (02:03:02):
What he didn't now what? He doesn't get paid? No,
he can't enforce the work order?

Speaker 8 (02:03:06):
What?

Speaker 5 (02:03:07):
No, here's I think I think an equitable solution would
be to have Chelsea pay what she would have paid
as her deductible or copay or whatever they call it,
and they kind of split it this way. It's a
little bit of splitting the baby. But if she should
pay what she would have had to pay. Oh and
by the way, I'd like.

Speaker 1 (02:03:26):
To address and how do we know what that is?

Speaker 5 (02:03:29):
It's it's in the contract. Actually, there's a maximum per
hour pack.

Speaker 2 (02:03:32):
How much is it?

Speaker 5 (02:03:33):
I think the maximum they'll pay sixty bucks an hour,
So I think that's What about parts? What about parts? Yeah,
I haven't seen that part yet.

Speaker 2 (02:03:44):
It's it's a pretty long contract.

Speaker 1 (02:03:45):
Well, let's see. Let's see what that comes out to be.
Let me take Let's see what that comes out to be.
One thing I know for sure, we shouldn't drag this
guy through the dirt. Oh, we shouldn't just because he
screwed up dealing with the warranty company.

Speaker 3 (02:03:57):
Greeds.

Speaker 1 (02:03:57):
You know what, I'll bet you the first time Kevin
Dell with a warranty company, he had to learn some lessons.
This guy, it's not. You know, I don't know how
many times this guy dealt with warranty companies. I have
no idea. But if we're trying to make the case
that he screwed up and therefore lost six grand, I'm
not for it. And if he screwed up, he didn't
do it intentionally. To try to get why does he

(02:04:18):
care where he gets six grand from, whether it's from
a customer or a warranty company. The money is green
no matter where it comes from. Why would he purposely
do that? He wouldn't. But the case we were making
is that this guy was trying to screw her, and
that's how I came into this case. We got more
coming up. Go with a sure thing Denver's Best Roofer

(02:04:42):
Excel Roofing dot com. You don't pay a cent until
you're content. Time for an insurance checkup free, no obligation.
In comparison, call Compass Insurance paying too much your coverage
at dozens of insurance companies find out now three O
three seven to seven to one. Help. You'll think I
think you're his only customer when you choose Frank durand

(02:05:02):
the real estate Man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen
twenty two. Hi Tom Martino here, as Dimitrio aptly brought out,
he read further into that contract. She can't take in
the small claims court because she signed an arbitration clause.
And not only that, but she has to pay for

(02:05:23):
it if she loses or and no matter what she'll
have to pay for her side right anyway, So here's
the bottom line. She can't go to small claims court.
I think we need to call them and say, look,
if this was truly done, he screwed up. Well, let's
all say he screwed up. Okay, we love saying that
he screwed up. He screwed up. He screwed up. He
screwed up. He didn't get a number, he didn't do anything.
He went and fixed it, he said, because she was

(02:05:45):
begging him to get it fixed quickly. But let's just
say he's a lying thief and he screwed up. She
needed a transmission and she got one. Now, all I'm
saying is this, why wouldn't they pay for it? If
it cost a reasonable amount and it's what she needed anyway?
Why won't they pay what she would they would have
paid anyway? Why what technicality would keep them from paying

(02:06:08):
if truly he has all of the documentation sitting in
a shop. I think that's reasonable to ask them what
harm would it do to pay this claim? If they
would have paid it anyway? The only difference is he
didn't call and get a number. Now, yeah, did he
screw up? Yes, if he didn't call and get a number,
if he wasn't privy to the terms and conditions of

(02:06:28):
the contract, and he didn't abide by that contract, which
by the way, he never signed, then then okay, he
screwed up. Let's call him a screw up every time
we refer to him. But at least let's try to
get the warranty company to pay what they would have
paid for anyway, had it been for a number. I
think that's a reasonable thing to do. Heather, you have

(02:06:49):
a problem, Go ahead, Heather, what's going on?

Speaker 16 (02:06:54):
Oh uh? Yeah? So my husband was driving home from
work in the middle of the day in December, heading
east on nine seventy and the stage actually has a
road barrier signed there on the border of the Aurora
Watkins Line to close down the highway. There's some adverse weather.

(02:07:14):
Usually that is chained back, and that day, for whatever reason,
it was not, and so it swung open immediately in
front of my husband as he was passing, and there's
no way he could Oh man, it was literally right
in front of him. He's going.

Speaker 1 (02:07:30):
So they didn't secure it or anything. They just right
they just left it hanging in the wind.

Speaker 8 (02:07:36):
Or what.

Speaker 16 (02:07:38):
Yeah, who was in charge of that sin on it?
My husband After he hit the sign, he went out
there and brought back the signs and tried to secure
it again. It was just there with a simple hook.
There was no there was no simple way or no
way of really securing it. It's just like a tow truck.

Speaker 1 (02:07:56):
Was it?

Speaker 2 (02:07:56):
When?

Speaker 1 (02:07:57):
Was it wind that did it? Heather?

Speaker 16 (02:08:00):
I think so? But shouldn't it be held back a
little better than that and not come out into the
I know what the case.

Speaker 1 (02:08:08):
I know what case you're making. I know what case
you're making. Yeah, I know, I know what case you're making.
They were negligent, right they were?

Speaker 16 (02:08:16):
Yes, we were in a Silverado, so luckily we weren't hurt.
There was no injuries, and our Silverado really exclayed us.
It was just the front bumper and the side of
the truck that got damaged.

Speaker 1 (02:08:26):
Now, the way this is done a motorcycle, I know.
But are you calling for the other cars or are
you calling to get paid for what happened to yours?
I got to find out why you're calling.

Speaker 16 (02:08:38):
I'm calling to get paid for mine. We documented over right?

Speaker 1 (02:08:41):
How much are your damages?

Speaker 16 (02:08:44):
About eighty eight hundred dollars.

Speaker 1 (02:08:47):
Okay, will they not pay?

Speaker 16 (02:08:50):
No, they are claiming that they are not liable because
they didn't realize there was a problem before our.

Speaker 1 (02:08:56):
Incident, which is true. If that's true, that's true. If
that's true, that's true because of government immunity. But there's
something else though, that you could do. You could use
your insurance. It would not be charged against you, your
comprehensive insurance. I don't know if they'd make you use
collision I think it's comp but you would then they

(02:09:18):
would go after the state for you to collect. How
much is your deductible? Well, do you have a deductible on? No,
you're not going to be charged.

Speaker 16 (02:09:28):
For this to fifty, So it's not it's not a
big deductible.

Speaker 1 (02:09:31):
No, I meant you're not going to be You're not
going to be charged. What I meant was you're not
going to be charged. It's not going to be surcharged
against you. If it was a road hazard that that
that happened, they're not going to charge it against you.
But why do you only have a two hundred and
fifty dollars deductible?

Speaker 16 (02:09:48):
My gosh, that's just when I originally got insurance. Way
back in the day. That's what my father told me
to do, and so I've always had it. It's great
when we actually have a claim because it's just a
little bit of money.

Speaker 1 (02:10:02):
Well it is, But the problem is that the problem
is with a two hundred and fifty dollars deductible, just
as an aside, if you have a thousand dollars claim
or a two thousand dollars calmer a three thousand dollars claim,
most people won't put it in anyway. So you're paying
too much for a two hundred and fifty dollars deductible
when you won't even put in a claim unless it's
two thousand or more. Whatever your tolerance is is what
your deductible should be. That's all I'm saying is that

(02:10:25):
it doesn't pay for the few times you're going to
use it to pay for the lower deductible. Now, if
you were going to use it all the time, that
would be different. But normally I'll bet you you won't
put in a claim for two thousand, would you?

Speaker 16 (02:10:39):
Probably not. We're pretty safe drivers.

Speaker 1 (02:10:42):
So therefore, but therefore, you're putting a two hundred and
fifty dollars deductible on there for no reason, so I
would put a two thousand. I mean, I'm just saying
if you look at the rates, you'll see how much
money you would save doing that. I think that the
state should pay for it. I mean, they make exceptions
all the time for government and unity if they do
something like a screw up. But if they don't, your

(02:11:03):
insurance will not charge you for this. When I say
charge you, I don't mean the deductible. They won't charge
it against you. If it's written up the right way.
It's a comprehensive and it was their gate that swung open.
Did you are you Are you satisfied that you talk
to the enough people at the state or do you
want us to try, Deputy Doc? Do you want to

(02:11:25):
try calling up at the state and see where maybe
she didn't go up high enough there?

Speaker 16 (02:11:32):
Doctor has gotten very far at all? Like this should be.
This certainly seems like it should be a dangerous condition
of a public highway, which no I.

Speaker 1 (02:11:44):
Tak Heather, I totally agree with you, and now that
you put them on notice, I totally agree with you.
But when you call about your problem and then you
call about the universal problem, there's two different things. I
totally agree with you on the universal problem totally. And
I would hope that when Deputy dot calls them, they're
going to be aware of this, because he's going to
tell them. Look, you know you've been put on notice. Now,

(02:12:06):
you guys got to make sure that those gates are
not just hung there by one little hook. I'm Tom Martino.
We have more coming right up. Go with a sure
thing Denver's best roofer Excel Roofing dot com. You don't
pay a cent until you're content, wait time for an
insurance checkup free, no obligation. In comparison, call Compass Insurance

(02:12:28):
paying too much your coverage at dozens of insurance companies
find out now three all three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino here three oh three
seven one three talks seven one three A two five

(02:12:51):
five Man. I hate to bring this back up again,
but and I would. I don't know if Mark still listening,
but we never we never even examine that possibility. So
Deputy d and Kevin, we're talking and Doc, we're talking
about this warranty, right, assuming that had he done it
the correct way, it would have been paid for and
she would have been or at least a good part

(02:13:12):
of it would have been paid for. But Kevin, you're saying,
there's a good possibility on High Mile has used vehicles
that warranty claims will be turned down for normal wear
and tear.

Speaker 2 (02:13:21):
Especially as rapid.

Speaker 6 (02:13:23):
It only had one hundred and sixty miles on it
since issue of the policy, So I think it's more
than likely it would have been turned down as opposed.

Speaker 1 (02:13:30):
Right, because what could she have done in one hundred
and sixty miles? What could have actually broken down in
one hundred and sixty miles? And if it was a
throttle body and other things, it's more likely wear and.

Speaker 6 (02:13:41):
Tear and the burden of proof would have been on
her and the shop to prove that it was a
failure that would have been covered, and that's tough.

Speaker 1 (02:13:49):
We should ask this mechanic. We should ask this mechanic
exactly was it normal wear and tear or was there
some catastrophic failure? In fact? Can we try to get
him on Kachina I talk to him, ask him if
he'll come on. And I want to ask him that
question about what was wrong with it? Really I do,

(02:14:09):
because if it turns out it wasn't going to be
paid for anyway, I mean, that's going to change everything. Sure,
then she might want to take him up on those
payment arrangements.

Speaker 2 (02:14:20):
Yep, I think it works.

Speaker 1 (02:14:21):
Three three seven one three eight two five five Okay,
stumped mechanic, Go ahead.

Speaker 5 (02:14:26):
D all right now that sheared and Autotech is here
next to me. Kevin, you're a great resource. And here's
my question for you. I am the only person I
know who buys the octane rating that is actually specifies
in my car's manual, which is eighty seven. Everyone else
I know whose specifications are either eighty seven or ninety one,

(02:14:49):
buys the cheap eighty five gasoline and they don't think
there's anything wrong with them that is counter to my position. Kevin,
Why am I right? And what's going to happen to
people's cars when they buy the lower than required octane
rated gasoline?

Speaker 6 (02:15:05):
Well, you're not always right. Sometimes nothing will happen with
the lower octane. I think each car individually, you have
to and I always helping you put the good stuff
in and see what kind of milelogy get. If it's
increased a bunch, then it's you know, there's not always
a benefit.

Speaker 5 (02:15:20):
I know someone who's Volkswagen automobile began knocking like a
diesel when they put eighty five in.

Speaker 6 (02:15:26):
If you if you're noticing driveability issues, then yeah, you
got to buy the upgraded fuel. But some cars it's
a waste of money for the upgraded fuel.

Speaker 2 (02:15:34):
With some cars, yes, it's an absolute just play it
as you go.

Speaker 5 (02:15:38):
But in the matter of a car that actually begins
to make that knocking sound, isn't that indicative of tremendous
damage that's being caused by pre ignition?

Speaker 6 (02:15:45):
Not necessarily it continued use at that, Yes, but not
just in you know, intermittent stuff.

Speaker 2 (02:15:50):
Great, thank you, Kevin, didn't stump you? All right?

Speaker 1 (02:15:53):
Well, how about the next one?

Speaker 2 (02:15:55):
Okay, Kevin.

Speaker 5 (02:15:57):
I think one of the most neglected serve this isn't
an automobile is replacing the automatic transmission fluid and people
typically wait for their transmission to fail or begin to
act up in some way before they do it. Can
you please let us know why. It's a great idea
that people like me exchange the ATF and their automobile
at a regular interval and long before any signs of

(02:16:20):
trouble develop.

Speaker 6 (02:16:21):
Well, yeah, the fluid breaks down over time and the
filter can plug up over time because as clutches and
other components in the transmission. We're out, there's debris inside
the transmission and you need to get that and the
old fluid out of there. So yeah, I mean they
say lifetime. You know, sealed transmissions never needs it's all garbage,
you know. Some of you can't get the filter out, granted,

(02:16:43):
but at least getting the fluid changed. There's no lifetime anything.

Speaker 1 (02:16:48):
All right, we have to take a break again. I'm
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(02:17:33):
three talk three oh three seven one three eight two
five five all right, so, uh do we have any No,
we don't have any other calls. I just want to
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to guy for your state planning of all kinds eight
three three co plans eight three three co plans. So okay,
So Dmitri, do you have any other interesting Yes?

Speaker 2 (02:18:12):
I do. This is a stumper for Kevin from Sheridan Autoten.

Speaker 1 (02:18:15):
Now I want to try to take one before Kevin
and see if I can get it.

Speaker 5 (02:18:17):
Go okay, So Tom, you'll go first, gentlemen. Yeah, About
a year or two ago, I was driving my beloved Forerunner.
The windows were rolled down, and I stopped at a
red light and I heard a very quiet turbocharger engine
coming out from under the hood. It sounded like this,

(02:18:38):
and I glanced at my dashboard and guess what light
came on?

Speaker 1 (02:18:45):
What am okay? I heard?

Speaker 5 (02:18:48):
I immediately knew what was wrong. I drove to my
friend's garage and I made the repair myself. So what
was the light cash board? And what was the over hair?

Speaker 2 (02:18:59):
Nope?

Speaker 1 (02:19:01):
Overheating?

Speaker 2 (02:19:01):
Nope? Do you want me to make that sound again?

Speaker 1 (02:19:03):
Zo?

Speaker 2 (02:19:08):
Kevin?

Speaker 5 (02:19:09):
Kevin got the first half right. The battery light turned
on on my dashboard. What failure was the car warning
me about?

Speaker 1 (02:19:20):
Well, the turs Corona noise?

Speaker 2 (02:19:22):
I have.

Speaker 1 (02:19:24):
What was the noise about?

Speaker 2 (02:19:26):
Maybe it was his dog in the back seat?

Speaker 1 (02:19:29):
No, what was it?

Speaker 5 (02:19:30):
You want me to tell you?

Speaker 3 (02:19:32):
Yeah?

Speaker 2 (02:19:32):
I had to do with the belt. Oh, you're right,
you're almost there.

Speaker 5 (02:19:38):
The alternator failed and one of the modes of failure
is they make a turbocharger sound a very quiet turbo because.

Speaker 1 (02:19:48):
They keeps because they keep spinning on the inside.

Speaker 2 (02:19:51):
Yeah.

Speaker 5 (02:19:51):
I don't know, but if that would be up to
Kevin to tell us what what actually broke inside my alternator?
You guys got it, both of you did.

Speaker 2 (02:20:00):
Well.

Speaker 1 (02:20:01):
I didn't get I just said I I didn't. I
said the Uh, Well, did I say overheating? I thought, yeah,
I was just trying to make you feel.

Speaker 2 (02:20:08):
Good first, So yeah, thanks for taking.

Speaker 1 (02:20:10):
That one anyway, Cole. What's the next one, Kevin?

Speaker 5 (02:20:15):
There is a service that Toyota recommends called induction service.

Speaker 2 (02:20:18):
Are you familiar with that?

Speaker 5 (02:20:20):
And is that something that's valuable?

Speaker 1 (02:20:22):
A lot of them do it now?

Speaker 2 (02:20:24):
It cleans? Yeah, cleans, go ahead to Kevin and everything. Yeah,
it's very very beneficial.

Speaker 5 (02:20:29):
Will it also clean the valve body without me having
to disassemble the air and take system to clean the
valve body because it all gets kind of like sucked
right into it.

Speaker 2 (02:20:39):
What they take in the throttle body and everything, you know,
but especially.

Speaker 1 (02:20:43):
If you do it regularly from the beginning. And BGP
wait wait wait BG products right exactly?

Speaker 2 (02:20:50):
Do you do this service as Sheridan Autotach absolutely recommended
every sixty.

Speaker 1 (02:20:53):
Yeah, you can buy BG, can't you, Kevin?

Speaker 2 (02:20:55):
And do it yourself for this anywhere? NAPA sells it.
A lot of places sell it all right.

Speaker 1 (02:21:01):
I'm Tom Martino. Thank you, guys, Deputy d Deputy dot
Deputy Kevin. I'm making you an honory deputy. Save all
your problems for me.