B.C.’s Civil Resolution Tribunal has ordered one car enthusiast to pay another man $4,219 for car parts the latter said he never received.
Tribunal member Alison Wake said in her July 25 decision that Jayden Gordon Frank said he paid Paul Alfonso Fata money for car parts.
Frank said Fata did not provide the parts and claimed a $3,830 refund.
Frank also claimed $150 as a refund of a membership fee he says he paid for Fata’s “car club.”
Fata, however, said he only received $830 from Frank for the car parts, plus the $150 membership fee.
Fata didn’t dispute he did not provide car parts to Frank, but he said that the membership fee is non-refundable.
“I infer Mr. Fata agrees that he owes Mr. Frank an $830 refund, but disputes that he should pay more than that,” Wake wrote.
Wake said the parties agreed Fata runs a car club called Canadian Custom Ridez and inferred that Fata had, or purported to have, industry connections that allowed him to purchase discounted vehicle parts.
She said that, in May and June 2023, Frank transferred money to Fata to purchase parts for Frank’s vehicle.
Wake said it was unclear whether Fata ultimately ordered any parts for Frank’s vehicle.
“Text messages in evidence show that in June 2023 Mr. Frank asked Mr. Fata to cancel the parts orders, and the parties agreed that Mr. Fata would refund Mr. Frank’s payments. Mr. Fata undisputedly did not refund Mr. Frank any amount,” Wake said.
As a result, Frank filed the tribunal dispute.
The parties agreed Frank sent Fata $330 on May 30, 2023, and $500 on June 3, 2023, by e-transfer.
“Mr. Fata does not dispute that Mr. Frank did not receive these parts, and that he is owed a refund,” Wake said. “So, I order Mr. Fata to refund Mr. Frank $830 for these transfers.”
Next, Frank claimed $3,000 paid to Fata in cash on June 2, 2023 to purchase fuel injectors for his vehicle.
“Mr. Fata denies receiving this cash payment,” Wake said.
“I find the evidence supports a finding that Mr. Frank paid Mr. Fata $3,000 in cash for fuel injectors as he claims,” Wake said. “I say this for several reasons. First, undated text messages in evidence show that Mr. Fata sent Mr. Frank a part number and said '$2,940 my price.' Mr. Frank provided a screenshot of Google search results for the part number, which shows that it is for BMW fuel injectors.”
And, the tribunal noted, Fata told Frank in a text message he was unable to provide a refund right away because a family member stole the money out of his wallet.
“I agree with Mr. Frank that this supports his argument that he made the cash payment to Mr. Fata, because he undisputedly made the remaining payments to Mr. Fata by e-transfer as described above.
“I find it is likely that the money Mr. Fata refers to in these messages is the $3,000 cash payment,” Wake said. “I find Mr. Fata must reimburse Mr. Frank for the $3,000 payment.”
Wake found Frank was also entitled to other payments.
