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-   -   How Works Motorsports stole my money & how I'm fighting to get it back UPDATE 7/4/19 (https://www.ft86club.com/forums/showthread.php?t=134445)

TachyonBomb 05-01-2019 03:59 PM

How Works Motorsports stole my money & how I'm fighting to get it back UPDATE 7/4/19
 
Hello, this is a consumer report on my never ending ordeal with Peter Kang & WORKS Motorsports.

I purchased my BRZ in April 2017 and I noticed there were no CARB legal forced induction options for the 2017+ models. After a couple of months I saw an FT86club post from Works Motorsports stating they were interestined in finding someone who would let them use a 2017+ 86/brz so they could R&D their already existing 2013-2016 CARB legal turbo kit to fit onto the 2017+ models. The end goal was to produce a CARB legal 2017+ turbo kit.

Here is Works Motorsports mentioning that they are looking for a 2017 to r&d on in the beginning of July 2017.

https://i.imgur.com/y9uhEyH.jpg

Here is Works Motorsports agreeing to the accept my car for turbo kit r&d testing and CARB certification testing.

https://i.imgur.com/6zKxsLL.jpg

Because they already made and sold a CARB legal turbo kit for the brz I had no reason to doubt that would not be able to adapt their existing 2013-2016 kit to the newer 2017+ brz models. I recognized that adapting the old kit to the 2017+ models would not take much effort. So I decided to contact Works Motorsports and answer their request for a 2017+ brz to conduct R&D on.

To make their pre-2017 kits fit onto the 2017+ models the only 3 components that had to be changed were:
- 2 Intercooler Pipes (To Accommodate New Intercooler Location)
- Intercooler Bracket (To Relocate Intercooler)

Here is a helpful visual to show what changes were needed between the two turbo kits

https://i.imgur.com/lc9yMuH.jpg

https://i.imgur.com/ARh10CB.jpg

https://i.imgur.com/Uddlhwx.jpg

https://i.imgur.com/0XCg4by.jpg

https://i.imgur.com/aoOIW6L.jpg

https://i.imgur.com/zR3zI8B.jpg

This is about as condensed as I could get this story

Works Motorsports estimated around 3 months for them to r&d their 2013-2016 turbo kit to fit onto the 2017+ brz along with going through the CARB certification testing.

Works Motorsports had my car from July 2017 to July 2018 (12 months). In that time they produced nothing. I kept getting excuse after excuse for delays. After 12 months with nothing being produced I decided to pull the plug and get my car back. It did not seem right to keep someones new car for that long with no results in sight.

Back in November 2017 Works Motorsports requested that I pay $3700 up front for parts and labor because according to them the final product was almost finished.

So when I went to pick up my car from Works Motorsports on July 6 2018, the owner Peter Kang did want to refund me any of the money I payed 8 months earlier for parts and labor toward a finished production version of the 2017+ brz turbo kit. He told me to leave without my money and that he would refund me the next day.

One week later my money had not yet been refunded and I contacted Peter Kang of Works Motorsports to see what was going on. He eventually only sent me a partial refund but kept the majority of the money. He felt justified to charge me for the installation and uninstallation of a turbo kit that did not exist at this time for the 2017+ brz.

I felt that it was very shady for him to charge me for his failed r&d process and to think that he is entitled to money without producing anything in return. It was not my fault that he could not produce a finalize version of the turbo kit after 12 months which was 4 times the original estimated project timeline. Life has to move on, it was silly of him to feel that he was justified to an indefinite or unlimited amount of time with a car I was making loan and insurance payments on.

Here is a picture showing the invoice charges he was placing on me for installing and uninstalling a turbo kit which did not exist between July 2017 and July 2018 for the 2017+ brz.

https://i.imgur.com/tesEHUl.jpg

To further cement the fact that no 2017+ brz turbo kit existed from Works Motorsports during the time they had my car (July 2017-July 2018) here is a link showing when Works Motorsports publicly announced the release of a finalized production version of the 2017+ brz turbo kit on October 2018. It should also be noted that no 2017+ brz turbo kit was for sale on their site before this posting.

http://www.ft86club.com/forums/showthread.php?t=130707

I decided to sue Works Motorsports in an effort to get my money back from this attempted to defraud/scam me. The original court date was November 26 2018. Peter Kang had it postponed until the end of January 2019.

Peter Kang brought a friend with him to the court house. This friend was being aggressive to me and my girlfriend during the mediation process. He was cursing and being loud which brought us a lot of unwanted attention. We were moved to the far side of the mediation room because of his actions. I'm not sure why Peter Kang brought this random aggressive guy to do all his talking, Peter Kang barely said any words during the whole process. The whole intimidation process and experience was embarrassing. Needless to say the mediation was a failure and a waste of time. So we moved on to having the case heard in front of a judge.

In the end Works Motorsports lost the case and I was awarded close to $3000 in damages. Here is the paperwork showing they lost and what I got awarded.

https://i.imgur.com/1bP3WaA.jpg

Instead of calling it over and thinking the decision was fair to pay me back after this attempt at defrauding me, Peter Kang of Works Motorsports decided to hire a lawyer and appeal the decision. Kind of sucks that he attempted to defraud me of my money and wasted a lot of my time but he can't even face me in court to argue why he deserves my stolen money to a judge in person for a 2nd time. :iono:

Here is the paperwork showing that he will be represented by a lawyer named David P. Pierini for the appeal court date.

https://i.imgur.com/AjiAGLF.jpg

To just to keep wasting more of my time Peter Kang of Works Motorsports decides to postpone the original appeal trial date. One of his reasons for requesting the postponement was so that I could be given enough time to find a lawyer. That was super nice of him.

Here is the paperwork showing why Peter Kang of Works Motorsports could not show up to the original trial date of April 24th 2019.

https://i.imgur.com/FRmYfb1.jpg

Things To Note

- I called or emailed every 30 days to ask for updates

- I made it clear that I would be needing my car back several times once things passed 5 months. Every time I pushed that point I would get told the r&d process was almost finished so I would hold on a little longer

- I was completely ignored, with no contact made for 2 months around March and April 2018

- I was being charged for installing and uninstalling a turbo kit which they never finished at the time. Pretty much they wanted me to pay for their r&d process.

- I had to remind Peter Kang at Works Motorsports a week after I picked up my car to take any sort of action toward refunding my money. He really did not want to give any of it back and still does not.

- He completed the public production version of the kit around October 2018 which was 3 months after I pulled my car from the project.

- They never completed any CARB testing

Take Aways From This Cautionary Tale

- Don't ever leave a shop without getting your money back first

- A shop should not take on a project of they feel that can't adequately complete the project in a timely manner.

- If any shop asks you to pay for parts and labor on a finished job, don't pay unless the job is actually finished. If you are made to pay before a job is finished cancel your paypal payment before the 6 month window to contest a charge closes. After the original payment is contested and returned, send another payment to the shop to restart paypals 6 month window to refund a charge.


I will be updating this as more events happen and I appreciate anyone who took the time to read and digest all this information. Poor performing or shady shops should really be identified and avoided in the car community. We work hard for our money and we spend a lot on our hobby. Predatory behavior out of a shop should never be tolerated or accepted by the automotive enthusiast community.

If anyone wants to come to the appeal trial and see Works Motorsports & their lawyer fight to keep the money from an attempted scamming!
It should be a good learning experience for anyone that is curious about how the legal system in relation to a shop which attempts to defraud customers in person


Trial will be held on:
May 29th 2019 @ 8:30AM in Department 19
3055 Cleveland Ave.
Santa Rosa, CA 95403

If anyone wants to follow this case online feel free to look up case# "MSC-189120" on the Sonoma County court website.

Update: May 2nd 2019

Got this in the mail today.
I'll just leave this cease & desist letter here and let it speak for itself.

https://i.imgur.com/Q6atiUe.jpg

https://i.imgur.com/HCxoh3U.jpg

What do you guys think about it?

**Update** JULY 4th 2019

Well the verdict came in the mail...

https://i.imgur.com/avHAOT1.jpg

It's been 2 years and great as this victory was the ordeal isn't over until the award payment is made.

The instructions that came with the verdict state to make contact with the defendant "Works Motorsports" to make arrangements toward paying the awarded amount of money.

After I have received the payment I have to sign and date the bottom of the instructions in the following picture and submit it to the court to essential confirm that I received the payment from Works. In the fine print it states "As soon as you have been paid in full, you must fill out the form below and mail it to the court immediately or you may be fined."

Here is a picture of the payment instructions that came with the verdict.

https://i.imgur.com/Q7iNKdE.jpg

Unfortunately I contacted Works Motorsports to try to work out how they want to go about paying me. They still have not replied to my email or made an attempt to contact me back on the matter. (7/4/19)

**As of 7/12/19 still no response from Peter Kang/Works Motorsports about payment**

Summerwolf 05-01-2019 05:02 PM

This is VERY reminiscent of a situation I had with a developing turbo kit on a truck I had. I wound up getting very lucky and my credit card did the chargeback and went after them. Hopefully this comes to a fast resolution, but consider it a dodged bullet. Those kits are mediocre at best.

pgranberg11 05-01-2019 05:36 PM

I remember reading that post about them reaching out to you about "details to be discussed." In my head I thought, wow, that's pretty sweet he's gonna get a free turbo kit out of it. Was I totally wrong... sorry about your experience and the hassle. good luck with the rest of it!

TachyonBomb 05-01-2019 06:33 PM

Quote:

Originally Posted by pgranberg11 (Post 3213534)
I remember reading that post about them reaching out to you about "details to be discussed." In my head I thought, wow, that's pretty sweet he's gonna get a free turbo kit out of it. Was I totally wrong... sorry about your experience and the hassle. good luck with the rest of it!

Thanks for the support. After going public with my situation I started getting all sorts of works motorsports horror stories being shared with me from as far back as 15 years ago. I wish that info would have been more public so I could have been more informed about them before sending my car there and having them put me through all this.

GenRuleAThumb 05-01-2019 10:39 PM

Not cool of them.

Cant believe they would do this to a customer. And having the car for a year. Sue them for lost time with vehicle and insurance cost and car payments.

I use to be a fan of works even though im running a JRSC.. not a fan after seeing this.

weederr33 05-01-2019 11:07 PM

I remember seeing some of your posts on Instagram about this. I'm sorry it's been such a hassle.

TachyonBomb 05-01-2019 11:12 PM

Just so people are clear the original lawsuit was for $5600.
This covered:
- 1 year of California DMV registration
- 1 year of auto insurance
- The money Works Motorsports attempted to defraud/scam me out of

The original case only awarded me $3000 of the $5600 I asked for. Works Motorsports should have just payed that since it was a steal. Appealing the original case pretty much restarts the case over again at the original $5600 to be heard in front of a new superior court judge.

It's possible that I could get the full amount in this next court decision and Works Motorsports shoots themselves in the foot.

TachyonBomb 05-01-2019 11:15 PM

Quote:

Originally Posted by weederr33 (Post 3213624)
I remember seeing some of your posts on Instagram about this. I'm sorry it's been such a hassle.

Thanks man, I appreciate the support.

It sucks that Works Motorsports not only dragged out having my car for a year but is also dragging out my refund for an extra year. I'm really over these time wasters and don't see why they want to have me in their life for so long. I wish they could just nip things at the bud and repay me so we can all move on with our lives.

Impureclient 05-02-2019 01:10 AM

Sounds like somebody needs to do a review:
https://www.google.com/search?q=Work...3194d484df2b,1,,,

EAGLE5 05-02-2019 01:32 AM

At this point, I'd demand legal fees, court fees, time spent, depreciation, psychological harm, and whatever else I can think of.

msaikhan 05-02-2019 11:22 AM

Leave a nice review with proofs on their google, yelp etc...

8RZ 05-02-2019 11:45 AM

Down with Works!

Good luck, man.

TachyonBomb 05-02-2019 04:17 PM

Quote:

Originally Posted by jsimon7777 (Post 3213672)
At this point, I'd demand legal fees, court fees, time spent, depreciation, psychological harm, and whatever else I can think of.

I think this is a good time to teach the car community a little about how the mechanics of a small claims case work in California.

Q: Can I add all those fees and reasons for fees into my asking amount?
A: Yes!

But you have to choose the amount you want to ask for on the first paperwork package you file with the court to submit your claim. It can not be changed after that. The court will add the filing fees and some other small fees to the amount of money you get awarded but it's not much.

To file a small claim you have to fill out an "SC-100" form which is where you put the info of the person you want to sue, the amount of money you're looking for, the reason etc...

Here is what I put in my SC-100 form:

https://i.imgur.com/UeH5Zjt.jpg

So when people say add the legal fees, travel fees, missed work fees etc.. They are either talking about suing someone in small claims that they racked up fees from in a criminal case. Think about a hit and run case where you have a criminal and a victim in criminal court. The criminal case happens both sides got attorneys and the criminal got off with no charges. The victim is mad and sues the criminal in civil/small claims court for lawyer fees, time off work, injuries, car damage etc...

The other example of taking those fees onto a small claims case would be if you had the lawyer hired before you filed the paperwork and you add the charges beforehand.

Q: How much can I ask for in a small claims case
A: $10,000 Maximum in California

Q: Do small claims cases require a lawyer
A: No, No cases legally require a attorney except criminal cases.

- divorce court, small claims court, immigration court, and whatever insurance companies do when they fight for us after a car accident don't require an attorney.

Q: To be found guilty does the evidence have to be "beyond a reasonable doubt"
A: No, that is only the standard for criminal cases.

- For civil/small claims cases the standard for deciding guilt is the "Preponderance of Evidence". This means that your evidence has to outweigh the other parties counter evidence. Essentially this is saying your evidence has to win in a 50/50 split and come out to be at least 51% more convincing than the other parties 49% convincing evidence. So the burden of proof is much lower than the 90-100% required in a criminal case. This is why after a car accident an insurance company will fight for you in court to determine which party pays and they come back to you with an answer stating you were found to be 51% at fault for an accident so it's your fault.

- Obviously in my case everyone can see that my evidence is way more convincing than 50% and closer the "beyond a reasonable doubt" standard of proof. Which is why I don't understand his reason to appeal and to get an attorney it seems like a waste of everyone's time.

Q: What is Works Motorsports defense argument against your claim?
A: Good question!

At the original court hearing here is what I could make out from his weak defense.

- The charges are justified because he had the production public release version of turbo kit finished and the project was not in the unfinished prototype stage.

- He had to pay employees for their time and could not pay the money back

- He told the judge that the 12 month or more time frame was normal in the automotive industry to r&d a part.

- The tried to frame things as if I commissioned a one off turbo kit from him. This is how he tried explain why I should be accepting a hacked up/unfinished prototype kit as my final product and pay him for that trash. When really he was borrowing my car for his companies r&d purposes to produce a for public sale production version turbo kit which fit onto 2017+ brz.

Q: How many times can the original small claims decision be appealed?
A: Only once by the defendant (Works Motorsports). After the appeal all decisions are final.

Jesse36m3 05-02-2019 05:03 PM

Wow if it took me that long to design and fabricate a bracket with a couple mandrel bent pipes at work I wouldn't have a job.


Good luck going forward.


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