Hello,
I have a vehicle being restored from scratch with a business for approximately 4 years. The vehicle was situated under a sole proprietor owner who 01.07.2024 became a separate joint proprietorship. The vehicle was situated on a private property with the sole proprietor in a large garage/workshop shed. Since new business name commenced, he then stated he was opening a new factory in a different location with new partner, increasing his hourly rate by $33.00 extra and all other costs.
There was no original quote or estimate given and he worked weekly on it. I paid Invoices immediately when received the invoices.
Upon new partnership he sent me an estimate for completing all works being $11,800.00 . He then sent invoices which in the end became over $14,000.00 and another for approx. $5700.00 . He never consulted me before doing the works above the estimate. I have not paid the last Invoice due to the dispute of possibly doubling up on works already on previous Invoices. His Invoicing we have noted has a heading of the old business name, still current, but with the ABN of the new business name and no address details. I have asked several times to supply the address where the vehicle is. I believe under the law they must consult you before proceeding above the estimate.?
He now demands I pick my vehicle up and only if I pay the invoice. He says he will charge me storage commencing in 2 weeks time and place the car under repairs lien. This is stored at the private property, not the new factory, in Western Australia and I am now living in Victoria.
Is there a limit to how much per night they can charge storage?
I requested twice an Activity statement so I can ensure I have a copy still of all invoices to cross check current work. He states he is under no legal obligation to supply it?
He also states the reason being due to not being under a contract. I verbally agreed to the estimate. Is the estimate of works supplied (via email) classed as being a contract, if work has commenced and Invoices been paid.?
A response is much appreciated.
I have a vehicle being restored from scratch with a business for approximately 4 years. The vehicle was situated under a sole proprietor owner who 01.07.2024 became a separate joint proprietorship. The vehicle was situated on a private property with the sole proprietor in a large garage/workshop shed. Since new business name commenced, he then stated he was opening a new factory in a different location with new partner, increasing his hourly rate by $33.00 extra and all other costs.
There was no original quote or estimate given and he worked weekly on it. I paid Invoices immediately when received the invoices.
Upon new partnership he sent me an estimate for completing all works being $11,800.00 . He then sent invoices which in the end became over $14,000.00 and another for approx. $5700.00 . He never consulted me before doing the works above the estimate. I have not paid the last Invoice due to the dispute of possibly doubling up on works already on previous Invoices. His Invoicing we have noted has a heading of the old business name, still current, but with the ABN of the new business name and no address details. I have asked several times to supply the address where the vehicle is. I believe under the law they must consult you before proceeding above the estimate.?
He now demands I pick my vehicle up and only if I pay the invoice. He says he will charge me storage commencing in 2 weeks time and place the car under repairs lien. This is stored at the private property, not the new factory, in Western Australia and I am now living in Victoria.
Is there a limit to how much per night they can charge storage?
I requested twice an Activity statement so I can ensure I have a copy still of all invoices to cross check current work. He states he is under no legal obligation to supply it?
He also states the reason being due to not being under a contract. I verbally agreed to the estimate. Is the estimate of works supplied (via email) classed as being a contract, if work has commenced and Invoices been paid.?
A response is much appreciated.
