Express Oil Change & Tire Engineers review: Old oil not drained in my vehicle; new oil put on top of old oil in 2013 lexus causing damage to vehicle at store no# 0490

Robert e. Powe jr

9027 solstice way mobile al. 36695

[protected]

[protected]@yahoo.Com

august 25th 2023

negligence & breach of fiduciary duty by express oil and its supervisory employee asst. Mgr. Patrick long

mobile alabama store n0# 0490 on grelot road

08/23/23 @ 11:41am

re: ninteen quarts of oil put in lexus vehicle due to old oil not drained during oil change; plaintiff seeks $3,876.84 for damages to vehicle including all court cost and attorneys fees

express oil change cooperate office express oil change cooperate office

c.E.O. Richard brooks director of human resources

1880 south park drive hoover, al. [protected] south park driver hoover al. 35244

express oil change cooperate office express oil change store #0490

district manager, mobile alabama c/o asst. Mgr. Patrick long

1880 south park drive hoover, al. [protected] grelot road mobile, al. 36609

[protected]

shop manager tom kroll not on site on the above date and time of service

vehicle in question: 2013 lexus ls460 vin# jthbl5ef9d5123894

date of service: august 23rd 2023 @ 11:41am

express oil services cost: $97.99

total damages to lexus vehicle: 3,876.84

my name is robert e. Powe jr. And i have been a loyal customer of express oil changes services for more than 10 years; my vehicle history report will emphatically convey that i have always brought all four of my vehicles to express oil change services and i have spent several thousands of dollars annually which you can easily research to affirm the accuracy of my statement.

The purpose of this memo is to formally bring to your attention the $3,876.83 in damages that i incurred as a result of your supervisory managers employees negligence and their breach of duty at your mobile alabama store no#0490 on august 23rd 2023. I have also been advised that there may be more internal damages in excess of $3,876.84 forth-coming;

on 08/23/23 at 11:41am i brought my vehcle to express oil to get an oil change at yor grelot road location in mobile alabama; your famale technician ms. “lexie” services my vehicle and upon talking with her i was surprised to know that there were some things that she was not familiar with regarding my vehicle;

for an example ms. Lexie did not know where the two air filters were on my car to properly inspect them so she sought the assistance of asst. Manager mr. Patrick long to help her with my car. Video surveillance at your store will emphatically convey that your assistance manager mr. Patrick long was working on two vehicles at one time while attempting to supervise an obvious inexperienced crew.

And so from my perspective there was no way that mr. Long could devote the appropiate time necessary to supervisor “ms. Lexie” who by her own admission was unfamiliar and inexperienced with my vehicle; for the record, your shop general manager mr. Tom kroll was not in the service bay area at that time and he was no where to be found.

After i received my oil change i started my vehicle as requested by the technician ms. Lexie and i immediately notice that my engine was making a loud noise and it was shaking badly; it had a significant mis-firing sounds and my engine was running extremely ruff while in the idling park position.

Pursuant to your warranty statement written at the bottom of my invoice i followed your company policy on my service agreement which states that “in the event of a problem after service of any kind, express oil must be notified and allowed to check the vehicle before any repairs are made. Simply put, i immediately informed shop asst. Mgr. Patrick long about the problems regarding my vehicle immediately after my service was done while my vehicle was still in your possession.

Your digital video surveillance cameras will emphatically affirm that after i paid the $97.79 for the oil change services with my credit card i still did not leave;

i exited my vehicle and spoke directly with the assit mgr. Mr. Long to share my immediate concerns regarding my vehicle; i told mr. Long that something was wrong with my vehicle and it was making a very loud noise and it was acting very sluggish; it was shaking badly and it was mis-firing; i also told him that it was not acting that way prior to me entering your facility.

Mr. Long did a brief vehicle inspection of vehicle by removing the plastic safety cover from my engine to make sure that all pens. Clamps and tops were fasten properly …..But at no time did mr. Long re-check the oil level in my vehicle nor did mr. Long go down into the bottom of the bay to look under-neath my vehicle to make sure that all services were in fact done and that all the old oil was drained out of my vehicle prior to new oil being put into my car; there was no manager supervision underneath my vehicle to make sure all services were done; mr. Long simply told me that my vehicle was fine and that it was idling properly;

obviously i dis-agreed with mr. Longs assessment and his brief inspection of my car and after a short dialoge between the two of us mr. Long simply stated that all they did was change the oil; prior to leaving your place of business i looked around again for the shop manager mr. Tom kroll to appeal my complaint to him but he was not present at that time;

immediately after i left expressed oil i notice that my vehicle began to get worse and it was in danger of stalling to the point that i could not make it home so i immediately took it to pepboys to get a second opinion that same day that i got the oil change from expressed (08/23/23) and i voiced my concerns to pepboys shop manager mr. Scott hett and his assist mr. Owens and we all agreed that the best course of action for me was to park the vehicle at his place of business that night so they could do a diagnostic test for $99.00 on the next business day which was thursday august 24th 2023; upon receiving the results of the diagnostic examination it was revealed to me that i had a bad p.V.C. Valve; after replacing ths p.V.C valve my car was still running rough and sluggish so the pepboys technician checked my oil level and he began to question me about the last time and place i got my oil change;

i told the pepboys technician that i had just got my oil changed from express oil the previous day on wednesday 08/23/23 and the pepboys shop manager mr. Scott hett informed me that the old oil in my vheicle was never drained by the express oil technicians; and as a result there were approximately nineteen quarts of oil now in my car which has led to significant damages to my vehicle; the maximum amount of oil in my vheicle should not have never exceede eight quarts;

i immediately went to express my concerns to express oil shop manager mr. Tom kroll; mr. Kroll began to quote express oils wrranty statement policy on allowing express oil technicians to check all cars prior to any outside repair work being done by the owner.

I told mr. Kroll that i did in fact follow their company policy and i asked him to please review his surveilence cameras and consult with his [censored]. Mgr. Mr. Patrick long regarding my complaint but he never did in my presence; mr. Kroll simply told me to give all paperwork from pepboys to him and he would forwarded it to his distrct manager in hoover alabama;

the enclosed invoice from pepboys manager mr. Scott hett will affirm that i paid $778.84 to pepboys to have my vehicle serviced and for the removal of nineteen quarts of oil; but the invoice from mr. Hett will also convey that his work could not be guarenteed;

mr. Hett stated in writing on the invoice that the only way to guarentee weather or not any internal damage was caused by the over-filing of nineteen quarts of oil was to have the engine totally removed from the vehicle to verify if furthur damage is found; the cost of this service is $3,000.00.

It is my position that i did in fact honor and follow express oil warranty policy as it was written on my invoice; it is also my position that if mr. Long would have done a thorough inspection on my car according to your warranty agreement he would have inevitablly discovered that there was in fact too much oil in my car due to the fact that the old oil was not drained out of my car prior to putting new oil into my vehicle; or at the very least he should have told me to leave my vehicle with him so that express oil could make an appointment with me to do a complete and thorough inpsection; this was not done and it is my position that this is a very egregious breach of fiduciary duties and negligence;

as such, i intend to bring civil litigation against express oil and its affiliates and any and all parties involved to recovered damages to my 2013 lexus ls460; the damages include the following but are not limited to:

1. $97.99 refund for oil change not performed at expressed oil change

2. $778.84 reimburstment for pepboys expenses to replace p.C.V value and the removal of 19 quarts of oil from my vehicle because of your negligence

3. $3,000 for pepboys auto care to remove my engine from vheicle to inspect for internal damages; (please see notes from pepboys mgr. Scott hett on pepbooys invoice enclosed with this memo).

4. Any internal damages that might be forth-coming;

on the advice of my attorney mr. Judson crump i am writng this memo to request these funds; please send me a cashiers check for $3,876.83 for the above damages and services outline in this memo; i believe that 45 days from the date of this memo is sufficient time for you to transfer these funds;

it is my position that your employess were negligent in servicing my vehicle and that there was a breach in fiduciary duties regarding the service i was suppose to receive; and as such i believe that i have a right to pursue compensation for any and all current and future damages i incurred due to your negligence; if i don’t hear from you in writing by october 15th 2023 i will present this inquiry to my attorney for immediate recovery;

by signing this notarized memo i solemly swear and affirm that the above statement is true so help me god and that i am very aware of the penalty of purjury and i gladly welcome the opportunity to address this matter before the magistrate judge at the appropiate forum;

your response in writing will be highly appreciated;

robert e. Powe jr.

Cc. Judson crump

attorney for plaintiff

notary