NT Car Repairs Dispute - What to Do?

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JiNXD

Member
25 October 2016
1
0
1
Hi

Had overheating issue with my car and I dropped it into radiator shop. After some troubleshooting, they suggested it may have been issue with heads. I agreed to have it sent to machine shop. On the return of the car, after a series of delays, the heating problems persisted and was suggested that since it was a larger engine, a larger radiator/cooling system my need to be considered.

Testing indicated that the machine shop may not have undertaken the works properly. The machine shop ingnored the radiator shop and my contact. It was agreed to have the heads sent to another shop, which was a series of delays itself.

I advised that if the heads were not the concern to cease works, as it may be better to replace the engine than incur mounting costs. I received no advice the heads were the problem.

The workshop owner stated he was frustrated with the heating issue and wanted the car fixed as it should be simple, and advised it would undertake works to resolve over heating after hours and free of labour. I was advised of ongoing delays with the radiator parts arriving and assembly. During this time, he advised he was short staffed and unwell himself, as the car in question is not my daily driver at that time, while the process was grossly delayed there was not a sense of urgency. It felt like the workshop was genuinely apologetic for delays and trying to be helpful.

Matters then commenced to drag out to point where I was wanting car back free/discounted labour or not. I called into workshop and was advised staffing issues and delays in parts, not uncommon in Darwin, however, the car was now running on track and that I would advise when nearing completion.

On later contact, I was advised further delays as experience issue with the gear box and fly wheel. They had fixed the inclusive of removing the engine to undertake repairs. I was not aware of mechanical issues and the engine removal until after it occurred. I did not authorise any of it.

I was advised the car was almost ready, however, there was a mishap in workshop and the roof of the car was damaged. When I advise them it was custom paint with coding, etc., I asked how it was to be fixed and highlighted my insurance would not cover unauthorised repairs, especially if I was not happy. They advised they had already sent it to paint/panel shop.

Finally I received a call to say the car was ready. The cooling system they installed is hideous and is not what we discussed. I definitely would not have agreeed to it. The installation has damaged surrounding components when they washed/cleaned the car. They buffed off paint on guards, there appears to be overspray or corrosion on the headlight covers

I was speechleas and was intending on collecting the car and getting it fixed properly elsewhere rather than let them touch it any further, however, they had no bill, even though they knew I was coming. The next day, I had the flu then received a text from owner saying he was unwell once again.

By this time, I had time to think about what I had seen and the events leading up to realised my concern for an under pressure workshop owner had been well and truly taken advantage of. I commenced requesting the costs as I was hesitant to present as I ready to collect car without knowing what was expected, even more so as at this time. The enormity of the damage had hit home.

I receive copy of handwritten bill via text. It was over $5k with offer of discount if I paid cash.

The car is still in the workshop as I have been advised not to collect/pay as it may be seen as acceptance of works, however, the car in question is a custom built hot rod that is less than 12 months old. I sold a car and spent 2+ years saving and having her designed, I have concerns that it will be "damaged" if it remains in workshop. However looking at work to be done to get her back to pre-work shop condition, it could be another $5k on top of the 'bill'.

Consumer Affairs advice was to write to the workshop and if there was no resolution, then I would need to apply for conciliation. However, if the best offer was a discount if I paid cash, I don't see this process being helpful. Further to this, I am moving interstate in December and the car is booked to be on car carrier 12 December.

Really unsure what is best avenue and to be honest, this has become a financial and personal burden, rather than my dream car.

Any help would be welcomed.

Thank you.
 
S

Sophea

Guest
Hi JiNXD,

The Australian Consumer Law does provide protection to consumers in these circumstances.

Providers of services including mechanics must meet the consumer guarantees which are that they will:
  • guarantee to use an acceptable level of skill or technical knowledge when providing the services, and take all necessary care to avoid loss or damage
  • guarantee to use the services are fit for any purpose specified by the consumer
  • guarantee that services, and any resulting products, are of a standard expected to achieve any desired results that the consumer told you about
  • within a reasonable time (when no time is set) You guarantee to supply the service within a reasonable time. What is ‘reasonable’ will depend on the nature of the services.
If there is a major fail to follow through on one of these guarantees, then you can get compensation for the difference in value between the service delivered and what you paid for.

As suggested by Consumer Affairs, I would write a letter of demand to the shop requesting that they vary their invoice to nil and pay you X amount of compensation for repairs to the vehicle to fix the damage done. Set out in your letter all of your rights under the Australian Consumer Law, CC the letter to Consumer Affairs. Also indicate that you won't hesitate to institute legal proceedings.

See where you get. Your options past that point, are conciliation through Cosumer Affairs and instituting legal proceedings.

Check out this brochure page 14: https://www.accc.gov.au/system/file...stry guide to the Australian Consumer Law.pdf

ANd this: Your Consumer Rights - Repairs, Refunds and Exchanges - Legal Blog - LawAnswers.com.au