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QLD Car Issues After Mechanic Check - Where Do I Stand?

Discussion in 'Australian Consumer Law Forum' started by Robert scali, 2 August 2016.

  1. Robert scali

    Robert scali Member

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    Hello there,

    I have a question regarding a private mechanic I used from gumtree. He had been working on my car for several weeks and what started out as just needing timing belts led to a new water pump, then mechanical issues until finally, my car engine gone.

    As he was working on car, he gave me authority to drive it but within 10 minutes of driving my car. It broke down, not once but 3 times and every time, he assured me that my car was ok to drive. Now he will not honour his work and I am left with a $6000 bill to restore a reconditioned engine.

    What are my legal avenues under Australian Consumer Law as I do not have receipts but have over 70 text messages with work he was doing on my car. I am on a carer's pension and don't know where I stand legally.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Robert, unfortunately some mechanics are dishonest and do over service and over charge. However it could on the other hand just be a simple coincidental case of numerous issues coming to a head at the one time. The only way you can really determine the truth at this stage, is by having an independent expert examine the old parts to determine whether they were indeed faulty, which may be impossible depending on whether or not the mechanic still has the old parts and whether or not he will allow you access to them.

    If you believe the mechanic has acted in a dishonest or fraudulent manner you can report the matter to your state consumer protection body. Mechanics can be fined, and in cases of serious ethical breaches they can have their licence suspended or cancelled. I would speak with your state consumer protection body which In QLD is the office of fair trading and ask their advice.

    My concern at a legal level is proving that the mechanic was, in fact, being dishonest. You could always request proof of the defects that were rectified from the mechanic as a condition of paying his invoice? That places the obligation on him to prove that he has been honest??
     

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