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Discussion Starter · #1 ·
Hey folks.

It's me again...I have decided not to go Small Claims. I have spoken with an attorney and I want to build a group for a class action lawsuit. I am not asking for any money, I am not promising any victory, although based on my story and those of yours that I have relayed to the attorney he feels we have a very solid case, he also feels that if we spread the word we can get many more people involved. At this point in time I need full names and email address for those of you who want to be in on this.

I am also asking that you spread this word around on any user groups, forums or any other media or other locations. I would be happy to put them out of business even if it means I wont get my money back. I am dead serious about this and I plan to follow through with this.

Please help me make a stand and protect others. I will be scouring Ebay for other people who where ripped of as well.


My second post will outline the vents as they occured.

Discussion Starter · #2 ·
ATTN Owner
Transplant Plus Transmission
1750 East Elliot Road
Tempe, AZ 85284
602 820 2777

To Whom It May Concern:

This letter is a final effort to resolve a dispute prior to any legal action against your company.

First here is my saga:

After some research I(Marc Smith) purchased a rebuilt transmission from Transplant Plus Transmissions(T+T) on Jan 20 2004. The transmission was a 4L60E to be used in a 1994 Chevy Impala SS. It was to be shipped to the Shop where I worked in Ashburn, VA. I was informed that shipping would be a couple weeks. After much frustration and finger pointing by the shipper and T+T the transmission arrived on Feb 23 2004.

Upon arrival I noticed that the tail-shaft was the wrong one for the car, so I called T+T and as informed that it would not be a problem to swap the tail shaft from the old transmission to the new one. Not a big issue, but it should have been shipped out properly.

A certified mechanic installed the new transmission within two weeks time. T+T was notified that the Core was ready to be picked up by the shipper to be send back for the refund. Two weeks later after many calls to shipper finally arrived to take the core back to T+T. March came and went with no indication of a core charge refund, even with several phone calls.

By the time April came around my phone messages were not be returned, emails were not being returned and phones, other than the answering machine were not being answered at T+T. I still had not received my core charge. In mid May the transmission unexpectedly failed at the end of my street. I pushed the car into my garage and began making calls to T+T basically begging for someone to return my calls about both the core charge and now the warranty issue. After one week of no responses, I had no option but to take the car to a local repair shop to get the vehicle fixed. I could not afford to be without a car while I waited for T+T to respond.

I finally enlisted the help of my credit card company, the Better Business Bureau and the Arizona AG Office to recoup my lost money. I began to do more research on T+T and I was surprised about the amount of complaints and dissatisfied customers I met up with along the way (about 60 in all, with very similar issues as mine with T+T). The BBB has revoked your status, the AZ AG office has a large file on you, and you either stopped selling on Ebay or had to change your name, thus loosing your power seller status.

I am asking for several things to occur:
1. A refund of the $675 charge for the transmission,
2. A refund of the $125 shipping fees,
3. A personal letter of apology for the poor customer service,
4. A letter on your web site with visible links making a formal apology to others who are/were in a situation similar to mine and how they can go about the process to receive their proper refunds,
5. A good faith effort to contact those people who have been affected by the poor customer service.

If this occurs by August 20 2004 I will contact the AZ AG office and cancel all complaints that I have against your company.

If this does not occur, or a good faith effort has not begun to address the above points, all of the following are possible actions of retribution in the attempts to retrieve my money:

1. I will file in AZ Civil Courts Small Claims division against T+T for the $800.00 actual owed, plus any expenses I incur for travel, lodging, lost time from work, rental car, legal fees, court costs, et. in the attempt to retrieve the lost $800.00,
2. I will file with the Courts of Virginia as a case of Interstate Fraud and seek restitution and punishment as the maximum allowable by law,
3. I will begin the procedure for filing a class-action lawsuit against T+T naming myself and 60 other unsatisfied customers (whom I have made contact with) as claimants, asking for full refunds, punitive damages as well as reimbursement of all applicable fees.
4. I will contact the following local TV Stations and offer my story and contact information for other people who have been affected by T+T: KNXV 15 ABC, KSAZ 10 FOX, KPHO 5 CBS, KPNX 12 NBC , KGUN 9 ABC, KMSB 11 FOX, KOLD TV 13 CBS, KVOA 4 NBC.

I have made every effort for an amicable solution, but T+T’s failure to respond has left me with no other options. I will not walk away from this $800.00 loss.

I can be contacted by:
email: [email protected],
phone: 202-345-7679, 703-758-2536
mail: Marc Smith, 2124 Thomas View Road, Reston, VA 20191.

I await your response.

Discussion Starter · #3 ·

I'm very sorry to hear this. I did not know that another B-body person would be taken from this guy. I myself had the same experience with him. I would suggest that you send a certified letter to the A-- H---, plus copy the BBB, and also your credit card if you charged it. They will also contact him on your behalf and not hold you responsible for the charges until this is resolved. After that he moved his A-- and I got my refund.

Good luck to you

Discussion Starter · #4 ·

I have been to the BBB filed a complaint, I filed a copmlaing in the AZ Attorney Generals office, my credit card folks were able to get my core charge back, but I'm still out the transmision. I did send him a certified letter as well. So basically, no more games. I'm gonna take em down, and hopefully I can get some people to help.

If you know of anyone else in any other car clubs or what not please pass this message on. Help me fight the good fight.

Discussion Starter · #5 ·
I hope things work out. have you talked to anyone in the BBB and see how there investagation is going. You know put a little pressure on them.


Discussion Starter · #6 ·
the complaint was filed with BBB they researched and got nowhere and rescinded the stores BBB status...a lot of good it does me... maybe it will help others....

Discussion Starter · #7 ·
for some reason lately there has been a lot of crooked shops in tempe, if you get the media involved you need to reach our local channel 3 station, they love doing stories like this,
good luck.
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