Angry consumer at fault for trouble with car engine

The old saying “the customer is always right” may be a nice notion when it relates to treating your customers with respect, but that doesn’t mean a business must tolerate a consumer who is dead wrong, inflexible or abusive. Northeast COMBAT, Maine’s consumer organization, prides itself on fairness when handling consumer complaints. We have learned in our 33 years of helping thousands of Maine consumers with problems ranging from mail-order to automobile purchases that the customer is not always right – and we do not hesitate to say so. But there is the occasional consumer who thinks he or she can use COMBAT as a bludgeon to get what they want. Guess again.

Oakland consumer Roger White contacted COMBAT complaining about Waterville auto mechanic Tom Bradford (both names changed). “This crook has taken me for a long, expensive ride,” he charged, “and I want you to do something about it.”

The angry (and very loud) consumer had taken his 1998 Mustang to Tom with a blown engine. The consumer alleged that Tom’s poor performance had led to a series of additional repairs and eventually left the Mustang “with the engine blown again, sitting in my dooryard like a useless piece of junk”.

In describing his complaint, Roger often used foul language laced with threats about what he wanted to do to Tom. In fact, he was so angry and abusive that the COMBAT dispute intervention volunteer assigned to his case asked her supervisor to step in and ask him to calm down if he expected any help.

Once Roger left the building, the COMBAT caseworker reviewed his documentation, repair records, bills, etc. She then contacted Tom Bradford to get his side of story, which is our custom. As is too often the case, Tom’s version of the matter was completely different. “I’m the one being taken for a ride,” he said, “this guy has already cost me more than the job was worth and I don’t want anything more to do with him. Can’t COMBAT help me?”

To be on the safe side, our COMBAT caseworker took the information to a trusted local mechanic for an impartial opinion. Here’s how it shook out.

The Mustang’s engine was blown the first time because Roger had run it with hardly any oil. It had not been serviced in more than two years (and 26,000 miles). Tom installed a used engine because Roger “didn’t want to pay an arm and leg.” Shortly thereafter, Roger returned with a broken starter, charging that Tom’s “poor work” had “screwed it up.” Tom knew that wasn’t true, but he replaced the part without charge anyway, if only to get Roger off his back.

Between July and October, Roger came back with complaints no fewer than six times. None were related to the engine replacement, but on each occasion, Roger tried to fault Tom. In each case, Tom did what he could.

In November, the replacement engine failed. Even though Tom had told Roger to watch the used engine’s oil, Roger let it run out. This was clearly a case of a consumer who had not taken responsibility and expected far more than he was due.

“Dear Mr. White,” COMBAT wrote, “Mr. Bradford has done as much as he can, and probably more than you deserve. Your engine problem is due to your own inattention, not Mr. Bradford’s performance. If you wish to pursue this matter, we suggest, but do not recommend, that you consider Small Claims Court.” We sent a copy of our finding to Tom Bradford.

“I’m amazed and pleased that you people are willing to go to bat for a business like that,” Tom wrote in response, “my check is enclosed for a business membership.”

Indeed COMBAT seems to wield a big stick when defending consumer rights, but we try to swing it in the right direction.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT (Consumers Of Maine Bringing Action Together), Maine’s membership-funded, nonprofit consumer organization. Individual membership is $25, business rates start at $125 (0-10 employees). For help and information, write: Consumer Forum, Bangor Daily News, PO Box 1329, Bangor 04402-1329.