---

Several weeks ago, a lawsuit was filed against HP Performance (and their owners) in Superior Court.

Jimmy Hittle, Nathan Page, Tom Berry, HP PERFORMANCE, and TURBOCHAREGD POWER SYSTEMS are being sued for:

1) Breach of Contract;
2) Breach of Good Faith and Fair Dealing;
3) Negligence;
4) Fraud and Intentional Deceit;
5) Neglient Misrepresentation;
6) False Promise;
7) False Advertising Under Business & Professions Code Section 17500, et seq.; and
8) Unjust Enrichment

Compensatory and punitive damages are being sought.

This case has a one-year long history which I will not summarize here, but for interested readers in learning more about the inceptions of this, please see:
HISTORY IS HERE

Suffice it to say, companies should not lie and take advantage of their customers, they should not overcharge their customers, and they should meet a minimum standard of "customer service." Once customers start standing up on these issues, companies tend to "clean up" their act.

Along with these issues that were raised in the previous thread and are included in the lawsuit, it has come to my recent attention by a qualified mechanic and fellow Mustang racer, that many of the components in this "kit" do not fit the intended application. (That is, the headers do not clear the frame rail, sway bar mount, or the brake lines. The tubing does not fit or clear the power steering pump as well. This was verified assembled on an engine stand with appropriate measurements and pictures taken.) This new development has not been address in the litigation as of yet.

HP Performance has been contacted regarding resolution of these issues. They have referred this matter to an attorney who has not returned any phone calls placed to him over the past several months.

It is unfortunate that this has escalated to the point that it has, but I sincerely hope HP Performance does the right thing and takes care of their customers. It is the support of their customers that have gotten them to where they are today.

---

---

*** BEWARE OF HP PERFORMANCE!!! ***

On or about September of 2004, I ordered a complete turbo kit from HP Performance in Roswell, New Mexico for my fox-body Mustang. At this time, HP represented to me that my kit would be delivered in approximately 8 weeks. To make a long story short, it's been six (6!!!) months, and I'm still waiting for my turbo!

Phone calls to this company are RARELY returned.
Emails are NEVER returned.
When phone calls are returned, I always receive the run-around.
My credit card was charged more than we agreed upon.
HP has had the use of my money for six months yet I still have not received the turbo.
The parts I have received (the tubing and so forth) are scratch, dented, or otherwise damaged.
Miscellaneous parts arrived without a packing list, and not only is HP not forthcoming with this list, but they cannot provide instructions for the particular "kit" that I ordered.

Needless to say, the customer service at HP Performance is TERRIBLE. More alarming, the company has engaged in fraud.

As an attorney, it is within my power to make sure this type of thing does not occur to the other members of this forum. As such, I have contacted law enforcement and have gotten the involvement of the Attorney General of New Mexico to investigate the fraud at this company.

I'm sure when the investigation reveals the fraudulent and deceptive billing practices, the fraudulent misrepresentations, and other illegally practices at HP Performance, they will be unable to continue business in this manner.

If anyone else in this forum has been defrauded by this company and wishes to consider legal action, please feel free to contact me.

In the meantime, CAVEAT EMPTOR (Buyer Beware).

---