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carscheles
January 14th, 2008, 5:43pm
Update to this thread -

http://forums.online-sweepstakes.com/showthread.php?t=643416

I got an email and it's not looking good. I asked for some clarification on what they plan to do, but I already know in my heart what their intentions are. Here's the email -

"Castrol will do the following to address the concerns you have with your vehicle:

Castrol would like to have an independent repair person inspect your vehicle. This person will review the vehicle and your concerns and report back to us. Inspection can occur at a location and time best for you.

Based upon the inspection report, Castrol will compile a list of repairs we will perform. The final repair list will need to be agreed upon by Castrol and you before any work is performed.

Once the repairs to be done are agreed to, Castrol will transport the vehicle back to Flexís shop for work. Repairs will take approximately 2-4 weeks.

After the repairs are complete, the same independent repair person will inspect the vehicle to ensure all work is satisfactory before it is transported back to you.

Please provide a list of some dates and times over the next two weeks that you will be available for the inspection.

In regards to your question regarding your 1099, the 2007 1099 that will be mailed on or before January 31, 2008 will be in the amount of $5,455. This 1099 is being issued for the prizes you received in 2007 (cash equivalent for car rental and cash equivalent for unused travel). Because you received your vehicle in 2008, you will not be taxed until 2008. That value is yet to be determined.

Please let me know if you have any questions regarding the above action steps. I look forward to receiving your availability."

marilynrob
January 14th, 2008, 5:57pm
actually, I would be happy about how they plan to treat it. an independent auditor should keep the repair shop honest. please don't take this the wrong way but what outcome would you be happy with from them?

either way, i hope you get your car back in an improved shape.

Full Monte Carlo
January 14th, 2008, 5:57pm
Congrats on being Proactive and getting things done!

Zagnut444
January 14th, 2008, 5:59pm
I think it sounds like a good outcome, maybe I missed something? Sounds like they are going to have the car fairly evaluated and fixed. Hope it works out in the end for you.:gvibes:

Christel
January 14th, 2008, 6:01pm
sounds pretty fair-hope it works out for you!

Lorren
January 14th, 2008, 6:02pm
Other than the fact that Carschelles was shortchanged for over $40,000...

carscheles
January 14th, 2008, 6:04pm
Maybe I misinterpreted what they were saying but I think that they only plan to fix the things that they broke - the windshield that leaks and didn't before, the bare metal, the door that you can now see daylight through - whole list of things.

If they only intend to repair the things that were done incorrectly, then the restoration still doesn't eqaul $50,000 in my opinion.

That's why I emailed them and asked them to clarify. Are they only repairing the things they did wrong or are they finishing the job.

IplaymyGuitar
January 14th, 2008, 6:05pm
sounds like they are planning to make it right!

good luck!

carscheles
January 14th, 2008, 6:09pm
As of last Thursday, this was the list of "our concerns" that she sent me to verify -

∑ Rear windshield is leaking

∑ Areas on car where bare metal is showing; likely will rust

∑ Hood isnít properly aligned; not closing right

∑ Hood insulation not tacked properly

∑ Old dash color is coming through the painted dash

∑ Painted over the air conditioning unit

∑ One window isnít closing properly; driverís door window hitting against metal inside door

∑ Removed weather stripping on trunk; not replaced and water is leaking into the trunk

∑ Missing gas pedal

∑ Brake pedal missing cover

So it sounds like they're only planning to repair those things and a few other things I've sent since then.

Even if I get a low 1099, that's not fair. I don't want a $5,000 1099 instead of a $50,000 car customization.

carscheles
January 14th, 2008, 6:11pm
Other than the fact that Carschelles was shortchanged for over $40,000...

I'm glad you understand. Even after they do the repairs, I doubt it's going to appraise much more than the $8-9,000 appraisal that we just got.

DDFuller
January 14th, 2008, 6:13pm
Other than the fact that Carschelles was shortchanged for over $40,000...

Exactly! I would get a lawyer!

margarita_mama
January 14th, 2008, 6:14pm
Maybe I misinterpreted what they were saying but I think that they only plan to fix the things that they broke - the windshield that leaks and didn't before, the bare metal, the door that you can now see daylight through - whole list of things.

If they only intend to repair the things that were done incorrectly, then the restoration still doesn't eqaul $50,000 in my opinion.

That's why I emailed them and asked them to clarify. Are they only repairing the things they did wrong or are they finishing the job.

Perhaps that is where the conflict is?
Repair and restoration, I believe are two seperate things, with restoration being subjective, IMO.
Since they said that another 1099 would be issued after the remainder is done, perhaps it is a bit too early to state that the remainder of $45,000 will not be met.
At least they are working with you, and I think bringing in a third party is a very good start.
Your ideas of repair/restoration appear to be different than theirs, and the third party may be able to help bring ALL ideas together, agreeable to both parties.

Keep us posted!

Zagnut444
January 14th, 2008, 6:16pm
Maybe I misinterpreted what they were saying but I think that they only plan to fix the things that they broke - the windshield that leaks and didn't before, the bare metal, the door that you can now see daylight through - whole list of things.

If they only intend to repair the things that were done incorrectly, then the restoration still doesn't eqaul $50,000 in my opinion.

That's why I emailed them and asked them to clarify. Are they only repairing the things they did wrong or are they finishing the job.

Well, if they just plan to fix what was wrong, then no, that doesn't make it right, I got that they would have it evaluated by an independent person and then go from there, but I guess re-reading it, it does kind of sound like just the repairs...then the statement about the 2008 tax amount to be determined...it shouldn't need to be determined, it should be a $50,000 prize. I can see your concerns now. What a headache for you! I really hope it works out well. Ask the guy that comes to look at it if he is to appraise it as well...see if he thinks its $50,000 worth of work they did on it.

Jessica25
January 14th, 2008, 6:17pm
I would give them the list of times, but also ask if you have to pay taxes on the repairs they are speaking of, as if that is part of the win, and as far as "value still to be determined" Will you still receive $50,000 value of a prize or does this mean that they will do some repairs and call it quits, and tax you on that? It seems unclear. I would ask for clarification.

Globug_47
January 14th, 2008, 6:20pm
What a mess to what should have been a wonderful win.

I really hope that everything will work out in the end for you. Thanks so much for keeping us updated on this!

secular
January 14th, 2008, 6:21pm
FROM THE RULES: Sponsor reserves the right to substitute the listed prize or prize component for one of equal or greater value if the designated prize or component should become unavailable for any reason

"Because you received your vehicle in 2008, you will not be taxed until 2008. That value is yet to be determined."

As the rules explicitally state the value of the customization is $50,000. What they should have said after that last line is "...but it will be equal or greater than $50,000."

marilynrob
January 14th, 2008, 6:26pm
maybe I am confused but wasn't the ARV up to $50,000. I don't think the rules expressly said 50,000 or more. The customization could very well come up much less than 50,000. In fact, I wouldn't expect it to exceed 50K. It would be very hard for that to happen based on the quality of the car presented. If I were in your shoes, I would meet with the independent appraisor and see where it goes. If you are not satisfied you have the option of determining the fair market value of the prize and lowering the 1099. As for getting a lawyer, you can but it may be very hard to find someone to take the case. If you don't allow them to try to make it right, it may be a very uphill battle.

gabyzee
January 14th, 2008, 6:30pm
Update to this thread -

http://forums.online-sweepstakes.com/showthread.php?t=643416

I got an email and it's not looking good. I asked for some clarification on what they plan to do, but I already know in my heart what their intentions are. Here's the email -

"Once the repairs to be done are agreed to, Castrol will transport the vehicle back to Flexís shop for work. Repairs will take approximately 2-4 weeks.

After the repairs are complete, the same independent repair person will inspect the vehicle to ensure all work is satisfactory before it is transported back to you.


I agree with the OP - sounds like all they're going to do is fix what they broke.....NOT an additional $40,000 in customizations.

It's not looking too good. Maybe when you respond you can ask something like, "When it's back at Flex's shop, is THAT when the additional $40,000 in customizations will be done?"

I'm just so afraid because it was a celebrity car-restorer, the value's going to be seriously inflated because of the celebrity factor, i.e., $10,000 worth of work at a regular body shop is worth $40,000 because this Flex dude did the work?

I'd definitely be asking for some further clarifications. Lots of 'em!

secular
January 14th, 2008, 6:30pm
maybe I am confused but wasn't the ARV up to $50,000. I don't think the rules expressly said 50,000 or more. The customization could very well come up much less than 50,000. In fact, I wouldn't expect it to exceed 50K. It would be very hard for that to happen based on the quality of the car presented. If I were in your shoes, I would meet with the independent appraisor and see where it goes. If you are not satisfied you have the option of determining the fair market value of the prize and lowering the 1099. As for getting a lawyer, you can but it may be very hard to find someone to take the case. If you don't allow them to try to make it right, it may be a very uphill battle.

No, it was specifially a $50,000 customization.

ONE (1) GRAND PRIZE: $50,000 car customization and a trip for two (2) to the SEMA Show in Las Vegas, NV. Nothing about less than $50,000 anywhere in the rules.

secular
January 14th, 2008, 6:31pm
I agree with the OP - sounds like all they're going to do is fix what they broke.....NOT an additional $40,000 in customizations.

It's not looking too good. Maybe when you respond you can ask something like, "When it's back at Flex's shop, is THAT when the additional $40,000 in customizations will be done?"

I'm just so afraid because it was a celebrity car-restorer, the value's going to be seriously inflated because of the celebrity factor, i.e., $10,000 worth of work at a regular body shop is worth $40,000 because this Flex dude did the work?

I'd definitely be asking for some further clarifications. Lots of 'em!

:yesyes: :highfive:

Specifically how much of the remaining $45,000 will be body work and how much will be the actual labor.

carscheles
January 14th, 2008, 6:33pm
Perhaps that is where the conflict is?
Repair and restoration, I believe are two seperate things, with restoration being subjective, IMO.
Since they said that another 1099 would be issued after the remainder is done, perhaps it is a bit too early to state that the remainder of $45,000 will not be met.
At least they are working with you, and I think bringing in a third party is a very good start.
Your ideas of repair/restoration appear to be different than theirs, and the third party may be able to help bring ALL ideas together, agreeable to both parties.

Keep us posted!

The 1099 that will be issued for 2007 is for $3,000 in car rental fees that was part of the prize. And the additional amount is for the trip to SEMA in Las Vegas that was cancelled because the car wasn't ready in time.

It was supposed to be a $50,000 restoration. The repairs they are talking about are things that weren't there before. Repairs that are needed now because of their shop.

The list of things that they did -

Some body work
Paint
Carpet
Some interior trim
Rims & tires
Air filter housing
New mid-range stereo
Steering wheel

I'm not seeing where the $50k went. I still haven't got that itemized list that I've asked for numerous times - the list that's supposed to tell me how much they put into each item.

carscheles
January 14th, 2008, 6:37pm
I agree with the OP - sounds like all they're going to do is fix what they broke.....NOT an additional $40,000 in customizations.

It's not looking too good. Maybe when you respond you can ask something like, "When it's back at Flex's shop, is THAT when the additional $40,000 in customizations will be done?"

I'm just so afraid because it was a celebrity car-restorer, the value's going to be seriously inflated because of the celebrity factor, i.e., $10,000 worth of work at a regular body shop is worth $40,000 because this Flex dude did the work?

I'd definitely be asking for some further clarifications. Lots of 'em!

I did send a very long response asking for clarification. I asked about the itemized list of things that were done and their costs. I asked what they were planning on doing - ie repair the mistakes or finish the restoration.

Ugh - this isn't cool!

Styflan
January 14th, 2008, 6:39pm
Whoa..... I have been following this thread & want to say what a disappointment this win has turned out to be for you. It looks to me like you should speak with an attorney because not only are you getting the run around...they are having their lawyers look it over & you are communicating with them without legal representation. I think they will really screw you over otherwise. You can get his/her opinions before letting them know you even spoke to one. I am really sorry...I hope things turn out well. This should be a dream win for you, not a heartache & headache.

vtvixen469
January 14th, 2008, 6:44pm
I have to say what a freaking disappointment! I entered the same contest and sorry but it is one I am now glad I didn't win. OP I can only wish you the best of luck. :hugs: I would be in complete tears.

pambanter
January 14th, 2008, 6:54pm
Maybe I misinterpreted what they were saying but I think that they only plan to fix the things that they broke - the windshield that leaks and didn't before, the bare metal, the door that you can now see daylight through - whole list of things.

If they only intend to repair the things that were done incorrectly, then the restoration still doesn't eqaul $50,000 in my opinion.

That's why I emailed them and asked them to clarify. Are they only repairing the things they did wrong or are they finishing the job.
I would say the independent repair person will inspect from stem to stern and find the muffler problems, any engine problems, alignment, radio, carpet, windows, doors, bodywork. I know they will be able to find much much money's worth of restoration and repair that needs to be done.

I think this is positive.

Good work, and good luck.

SaneDough
January 14th, 2008, 6:57pm
Let me say that I am not one to run to an attorney...:cool:

BUT

in this case...I think that having one would make them move a little more efficiently, and make sure the work was done correctly this time...not to wait until they don't do it again, and then still have to fight.


Just talk to an attorney...get their opinion...

you are doing a great job of remaining calm..I'm sure I would be crying by now if this were me.


Let the attorney be tough for you, that's what they get paid for!

good luck my friend!

Reverie
January 14th, 2008, 7:24pm
I'm glad you understand. Even after they do the repairs, I doubt it's going to appraise much more than the $8-9,000 appraisal that we just got.

Unfortunately, the cost of restoration is not the same as final fair market value for the car.

Just because $50,000 worth of work might have been done on the car at the celebrity restorer's prices (and you will need the itemized price list to know that) does not necessarily mean that the car is now worth $50,000. (For example, many homeowners may add a $50,000 pool to their homes but it may only add an additional $5,000 to the final selling price of the home.)

I would not take that approach with them if it were me. I don't think that's going to help your situation. No where in the rules does it specify that the car would be worth $50,000 after restoration. I would simply continue to insist on an itemization of actual costs of restoration already performed - and continue to insist that the car be finished to your satisfaction.

KChele
January 14th, 2008, 7:29pm
Unfortunately, the cost of restoration is not the same as final fair market value for the car.

Just because $50,000 worth of work might have been done on the car at the celebrity restorer's prices (and you will need the itemized price list to know that) does not necessarily mean that the car is now worth $50,000. (For example, many homeowners may add a $50,000 pool to their homes but it may only add an additional $5,000 to the final selling price of the home.)

I would not take that approach with them if it were me. I don't think that's going to help your situation. No where in the rules does it specify that the car would be worth $50,000 after restoration. I would simply continue to insist on an itemization of actual costs of restoration already performed - and continue to insist that the car be finished to your satisfaction.

I was thinking the same thing. Something else to think about, some modifications may not be covered by your insurance. You may need to purchase extra insurance.

john1948
January 14th, 2008, 7:43pm
Whoa..... I have been following this thread & want to say what a disappointment this win has turned out to be for you. It looks to me like you should speak with an attorney because not only are you getting the run around...they are having their lawyers look it over & you are communicating with them without legal representation. I think they will really screw you over otherwise. You can get his/her opinions before letting them know you even spoke to one. I am really sorry...I hope things turn out well. This should be a dream win for you, not a heartache & headache.

As a former Revenue Officer I would be running to an Attorney's Office, save all paper work, record all conversation ( you don't want a he said I said, you need proof)

Nubbs820
January 14th, 2008, 7:44pm
If you take your car into a shop to have it worked on and they break something, it's their fault, they fix it. The repairs that they are doing to your car are things they broke right? Why will you be obligated to pay for anything since the fault lays on them for the damage. Am I reading this wrong or something? Just doesn't seem right that you will be "paying" for their mistake out of your win.. what about the other $45,000k. You have picture proof of things that they damaged, maybe you should get a consultation since you were really psyched about a $50,000 customization and instead you got a $5,000 hack job restoration.

mrssquigg
January 14th, 2008, 8:02pm
As a former Revenue Officer I would be running to an Attorney's Office, save all paper work, record all conversation ( you don't want a he said I said, you need proof)

Excellent advice. Please at least talk to an attorney.

mom2414
January 14th, 2008, 9:42pm
Well its a start that they are sending out someone to look at it. Did you happen to print out a copy of the official rules? I just tried to go see them and there are no longer there. I'm just wondering what specifics were listed.
A "car customazation" does give a person expectations different than repairs.
Good luck, keep on staying calm and staying the course!

bonnpenn
January 14th, 2008, 10:04pm
Too bad they didn't substitute a trip to the restoration place for the trip to Vegas that never happened! Then you could have put your foot down and said what you thought to the guys NOT doing a good job!

I'm so sorry you have to deal with all of this. I'm sure you thought it was going to be a dream come true instead of a nightmare you can't seem to wake up from!

I wish you well and I for one will seriously think before EVER entering a contest like this one (not that I have any type of car that I'd want to restore) LOL

eileenfar
January 14th, 2008, 10:36pm
that everything at this point will depend on the independence, objectivity and qualifications of the "appraiser" they send to inspect the car. You need to know who this person is and what their qualifications are. It is probable, with $50,000 at stake that the independent third party ought to be appointed by somebody neutral or at the least you should have some say in who is appointed.

Another reason this should be in the hands of an attorney. They would owe you correction to damages done by negligent work, quite apart from the issue of the quality and value of the work performed for the restoration.

If you really are not going to put this in the hands of an attorney, please at least take yourself over to the American Arbitration Association and spend some time reading there. http://www.adr.org/

sascha_b
January 14th, 2008, 11:47pm
I think you've got a baby step in the right direction.
First, they're only hitting you for the trip/misc. taxes. They're bringing someone else in (impartiality yet to be determined...) They will at least make the car right (if not $50K right...), and they'll re-determine future ARV/taxes at a later date after this gets going...

A start, I'd say you've done "good" in getting their attention. It's a leverage game, and this is only the opening move.

Now depending on your feelings on how things start creeping regarding those things in parenthesis, I'd quietly find a good lawyer for back-up.

Naive me is hoping they'll do right in the end to protect their reputations. I'm guessing you're not getting the itemization yet, because they're embarrassed as hell at the "celebrity" labor they were charged for substandard work. I don't think legally they're going to come right out and admit that, but maybe they are cautiously looking at a fair resolution. Believe you me....I'm sure their lawyers are moving cautiously and carefully...and for a reason....they're gonna get screwed in the outcome.

Then when they're working you off the hook for the taxes (which is where I think they're going with this) you can go for the legal avenues of not getting a prize of equal or greater value.

This isn't just a "sorry we made a computer/email notification error" type problem for them. This is a PR nightmare in hard, cold, (if not a little rusted and poorly painted) steel. Hang in there. I'm guessing it'll be a bumpy, long ride....but I think you'll get some satisfaction in the end.

Keep us posted!

sascha_b
January 15th, 2008, 12:23am
Maybe I misinterpreted what they were saying but I think that they only plan to fix the things that they broke - the windshield that leaks and didn't before, the bare metal, the door that you can now see daylight through - whole list of things.

If they only intend to repair the things that were done incorrectly, then the restoration still doesn't eqaul $50,000 in my opinion.

That's why I emailed them and asked them to clarify. Are they only repairing the things they did wrong or are they finishing the job.

Hopefully you get an answer, but I bet they'll be vague. I'd play their little game while getting a lawyer quietly involved. See what they'll agree to to...then play the lawyer before you agree to anything that doesn't involve you getting the remainder of a 50K prize...whether it be in the car or cash.

I think you have the facts behind you....you'll have to ask about the law.....

carscheles
January 15th, 2008, 5:35am
Yesterday when I responded to her email, I asked her to give me the names and titles of the people at Castrol who are involved with the decisions regarding the car. It may be that only a few people in the marketing and legal departments know about this. If that's the case, it would be time for me to go to the higher ups at Castrol. They might not even be aware of what's going on.

I told her that I've had many suggestions on how to proceed with this but I plan to wait for her response before I take any sort of action. I told her that some suggestions I've had are to - go fully public (youtube, news stories, car magazines, car shows), contact the Attorney General, get an attorney, contact the IRS (depending on the 1099), and more. I said I don't plan on doing anything because I'm sure that Castrol will make things right. I didn't want it to come down to indirect threats but I wanted to let her know that we're not going to just give up and go away.

My DH has been talking to peolpe in the restoration business and they've been telling him that for $50,000 the car should have been show room pristine. And I mentioned that to her too.

This is only my guess but I don't think that they'd be afraid of a lawsuit. I'm sure they realize that I'd have to pay the attorney and I'm sure they have staff attorneys. It would be a matter of who could afford a long legal battle.

I think the only thing that may concern them is having the facts and pictures made public. I told her that I will not slander Castrol if I go public with this, only present facts and pictures - and facts are not slander.

I hope she answers my email today. I'll let you know if she does.

ky2here
January 15th, 2008, 5:40am
but i never would have submitted a hooptee/beater for a $50,000 makeover. sounds like a disaster from the start.

i would have purchased a classic car in poor condition and used the makeover to restore something that would have had an enviable market value after the makeover.

sorry, but that's how i see it. no disrespect intended, i just think the results were foreseeable.

carscheles
January 15th, 2008, 5:48am
but i never would have submitted a hooptee/beater for a $50,000 makeover. sounds like a disaster from the start.

i would have purchased a classic car in poor condition and used the makeover to restore something that would have had an enviable market value after the makeover.

sorry, but that's how i see it. no disrespect intended, i just think the results were foreseeable.

DH already owned the car when he entered the contest. In our minds, if the show "Pimp my Ride" can take a total bomb of a car and restore it then it wasn't a crazy notion that they could have restored this car. In DH's essay, he told them that he wanted to restore the car to a 442 muscle car. That's what they originally agreed to do. There were so many things that were discussed that would be done to the car. It was supposed to be a hot muscle car when all was done.

On the last phone confernece call with Flex, Castrol, and ePrize, Flex said there was some additional body work that he had to do to the floor boards and the rear quarter panels. He told us that he wasn't going to put in the bucket seats or floor shifter (that he was going to) because the extra body work took some money from the budget. We were fine with that. That was the only trade-off that was supposed to be made.

carscheles
January 15th, 2008, 6:04am
but i never would have submitted a hooptee/beater for a $50,000 makeover. sounds like a disaster from the start.

i would have purchased a classic car in poor condition and used the makeover to restore something that would have had an enviable market value after the makeover.

sorry, but that's how i see it. no disrespect intended, i just think the results were foreseeable.

Actually after re-reading your post, I see your point. But the contest was for a restoration on a car you already owned. It's not like they gave you an option to buy a car after you won the contest. DH submitted an essay and a picture of the car and that was the car they chose, out of 600 something others, to restore.

I totally understand that what you put into a car isn't always what you get back out. But I'm still trying to find out what they put into this car.