Any Lawyers Or Law Students In Here?

[AzzurrA]

Is anyone here a Lawyer or Law Student? (Or have a good working knowledge of the law?)

If so, could you please PM me...

Thanks

Jason

[Keepleft]

Is anyone here a Lawyer or Law Student? (Or have a good working knowledge of the law?)

If so, could you please PM me...

Thanks

Jason

<{POST_SNAPBACK}>

It would help if you could provide some idea as to the issue or issues your raising.

[AzzurrA]

basically i'm looking to take a Workshop (who is a sponsor of this forum ) to small claims court as they are refusing to co-operate after providing me with dodgey products etc

[IOWNU]

TPA/FTA are your friend.

Visit your states fair trading/consumer affairs website for a breakdown of the basic consumer protections they offer. Pretty straight forward stuff.

[AzzurrA]

Yeah, i've got all the documentation etc ready to take to the Office of Fair Trading, all i have to do now is write a brief cover letter for it and send it off.

But like they said, they cannot actually enforce anything/make the workshop pay up... all they can do is really say "Please Mr Bad Workshop, pay your customer his money or we will cry"

Now, after this workshop tells the Office of Fair Trading where to shove it (which they will) it then has to proceed to small claims court... which is why i'm trying to find out how to present the case in the best way!

[dezz]

also, might be worth PM'ing admins about the situation

you cant publically bad mouth the company, but why would admins want dodgy workshops sponsoring SAU

[Scooby]

Yeah, i've got all the documentation etc ready to take to the Office of Fair Trading, all i have to do now is write a brief cover letter for it and send it off.

But like they said, they cannot actually enforce anything/make the workshop pay up... all they can do is really say "Please Mr Bad Workshop, pay your customer his money or we will cry"

Now, after this workshop tells the Office of Fair Trading where to shove it (which they will) it then has to proceed to small claims court... which is why i'm trying to find out how to present the case in the best way!

<{POST_SNAPBACK}>

what's the problem with going to court? all the better if they are in the wrong as they'll be officially screwed. you'd be surprised how evidence that you're going down this path will make them do the right thing. the bad part is that even if you win you usually have to give the workshop the opportunity to fix it and if they have indeed done the wrong thing that's not something most people look forward to.

can you give us details without mentioning the place?

good luck either way.

[AzzurrA]

This is the letter that i sent to them, it basically explains the situation... the reply that i received to this was them refusing to pay me any money, as i "did not give them the opportunity to fix it"... well, i'm sorry, but i did... i called them on the friday morning (the lock bar broke on wednesday night, was towed to a workshop on thursday, as i did not know what had broken and didn't realise it was the lock bar at the time) and friday morning the workshop got a chance to look at it, told me it was the lock bar, so i called the original supplier straight away... The guy i spoke to there told me to just get the workshop where it is at now to make me a new one and we would resolve it from there... now they are denying that was ever said, and refusing to pay because of it.

Anyway, here's the letter:

"To The General Manager

I wish to bring to your attention several problems that I have experienced with your company as a paying customer.

On the 26/07/2005, I had a large amount of suspension work carried out by your business, with which I have encountered numerous problems

When I arrived at your workshop to pay for the suspension and collect the car, I was told I had to pay roughly an extra $450 in addition to what was originally agreed upon (I have the documentation that shows how much I was originally quoted for this work).

After some negotiation, the price was dropped so that I ‘only’ had to pay an extra $276 more than I was originally quoted. This I begrudgingly accepted on the premise I was getting the job done right and to a high standard of quality. If this were the case, then I would not have reason to write this letter. Unfortunately, since I have had this work carried out, numerous problems have arisen, due to the work carried out by your firm.

First and foremost, different springs were fitted to what was originally requested. A representative of your establishment informed me these springs were ‘better than’ and recommended these springs over those that I had originally asked for. I took his word for it on the understanding that he knew the product better than I did, as he was a ‘professional’ in the industry. Unfortunately the new springs are incorrect for the application and contrary to what I was led to believe they would be, as they have lowered the ride height of my vehicle far too low. I now have to spend a large amount of my money and time to correct this issue.

When I approached your firm regarding this issue, I was told to take it up with your supplier, and your staff showed no interest at all in resolving this matter.

The next issue I had was with a nut in the upper-inner control arm assembly not being tightened to appropriate torque levels. This caused the bolt to come loose and fall out, causing immeasurable damage to my suspension, and also put the car off the road with considerable expense to myself, and a loss of potential earnings.

Again, when I approached your firm, I received first of all a denial that it could have been due to the workmanship, and then later I received a statement along the lines of ‘sorry, but these things happen, we can’t do anything about it’. I did not find this attitude acceptable at all.

The latest issue in the saga directly relating to the work performed on my vehicle by your company relates to the ‘Hicas Lock Bar’, which was supplied and fitted by your company at the end of July 2005. Again, the ‘Hicas Lock Bar’ is not the one which I originally requested, as, again, I was told by a representative of your company that your ‘Hicas Lock Bar’ was superior to the one I had originally requested. Again, I took his word for it on the understanding that he was a professional in the industry and knew the product better than I did.

Whilst driving at 100kph on the highway my vehicle hit a bump, not unlike any other bump you would expect to come across on Queensland roads. As I hit this bump, my vehicle was thrown into the adjacent lane, which put my life and the lives of my passengers, as well as the lives of the occupants of the vehicle travelling in the adjacent lane in danger. Fortunately I was able to regain control of the vehicle and pulled up as safely as possible. Upon inspection it was found that the ‘Hicas Lock Bar’ had broken, allowing my rear steering arm to float in any direction and rendering the car once again immobile. A tow truck was called and I had to have the vehicle towed home, at my expense ($20.00, as I am a member of RACQ and get the first 10km of towing free).

The following morning, the vehicle was then towed to a nearby workshop, again, at my expense ($79.20, with Ready Towing).

Upon removal and inspection of the product, by a qualified mechanic, it was noted that it appears to have been cracked for some period of time, with rust inside the tube and around the welds. The material used to make this ‘Hicas Lock Bar’ was of inferior quality and in no way suitable to be used as a steering/suspension component on a car.

I believe the substandard level of work carried out on my vehicle to be unacceptable, and the terrible quality of your supplied product to be dangerous. I respectfully ask to be refunded in full for the faulty product and the labour that I was charged for installation so that I may acquire and install a similar unit, of acceptable quality, in order to return my vehicle to a roadworthy condition. I also ask that I be reimbursed for my other expenses as a direct result of this incident. These include towing fees and also a wheel alignment.

The price that I paid for the ‘Hicas Lock Bar’ was $210.00 inc. GST. Labour for fitting was quoted as $100.00 inc. The other expenses include $99.20 towing fees and $99.00 for a wheel alignment. I therefore ask to be compensated to the amount of $508.20 inc. GST to cover the purchase of a new product, installation and other out of pocket expenses incurred by myself in returning my vehicle to a safe and roadworthy condition."

[IOWNU]

Quickly scanning over your letter, seems like you've got the upper hand.

At law, goods and services provided by companies must meet "Conformity with Description" implied terms, i.e they should give you what they represented they would give (clearly they did not) so this may amount to a misrepresentation.

Also, the "Merchantable Quality" and "Fitness for Purpose" implied terms seem to have been breached, basically, a good must be fit for the purpose for which it was bought and safe for the purpose for which it was bought.

In terms of the service, you can sue on the grounds of negligence, based on the fact that the workshop owed you a duty of care and clearly breached it, acting out of your best interests.

Anyways, hope you pin these bastards.

Here are the statuory references to the implied terms in case u were wondering:

Conformity with description, s70 TPA; s32H FTA

Fitness for purpose, s71(2) TPA; s32IA FTA

Merchantable quality, S71(1) TPA; s32I FTA

Also, forgot to mention sale by sample, if they actually SHOWED you a suspension setup prior to your purchasing it, then they still chose to fit the wrong suspension, then sale by sample provision may be breached.

s72 TPA; s32HA FTA

If you need any extra info just let me know.

Ali.

Edited November 21, 2005 by IOWNU

[saff_cossie]

Very well written letter there. Not pushy or rude but to the point and with little extra details where required.

Hope you get this sorted mate.

[dezzabye123]

who was it???

[hungry6]

Ok, I just saw this and I rehashed your letter, It's up to you if you wants to use it, Just a little head up, that's all, hope it's help.

Wayne.

Business name

Address. -----------------------

Att/ Manger (Name would be better)

Re: Defective goods and poor workmanship.

Car rego: XXX YYY

In regards to the above car mentioned. I " (name)" as the registered owner and the "client" in this matter. Have severals issues which I believe, and needs to be address urgently.

These matters have been raised by myself to your company representatives on numerous occassion, which have led to inaction by your firm.

These are some of the numerous faults/failures of goods and fitments.

* Failed hicas lock bar.

* Failed spring ratings

* Poor "DANGEROUS" workmanship.

These items are some of manies problems that has surface since acquiring my car on the 26-07-05

After recieving supply and fitments works of suspension set up.

Prior to contracting your firm for the said works, I was verbally led to believe, that your supplied goods was "superior" than items which I have nominated.

Also, the works"fitment" was also supposedly to be of high quality. Which since has prove to be "dangerous" and very poor.

Due to the facts as stated above I have since incurred cost as stated below. Also I'm unable to have normal use of my car on a daily basis, as it form my only form of transportation to and from work.

*Towing cost $99.20

* wheel alignment $99.00

Also, I believe that a reimbursement refund of monies for failed components and labour to fit those components, is reasonable and fair.

* Hicas lock bar $210.00"broke"

* Labour $100.00

Which bring the amount of the claims to $508.20 for refund-rectification works that was cause by supply of poor quality goods and works, by your firm.

I hope that you make a fair judgement in regards to the above issues and refund the monies outstanding to avoid further actions.

Thanks

Azzurra (date)

Edited November 21, 2005 by hungry6

[beefy]

I had to take a company to Small Claims a while ago. They paid up a couple of days prior to the court date. They were a fairly big company though.

Small Claims is the way to go. If they are found to be at fault at the very least they will have an X marked against their name and if they ever want to run a successful business you cant have many or any X's on your name. Be willing to wait though as I remember it took something like 10-12 weeks to get a court date from when you submit the letter.

You could also try these guys. I believe they will contact the workshop on your behalf and request a response.

http://www.notgoodenough.org

There should also be free law consultation services available from your local councel.

Good Luck

[cowie165]

Wow Ali, nice work. I was also thinking s53 might be applicable after the workshop claimed 'these parts are better' than the others Jason was going to fit.

[IOWNU]

Wow Ali, nice work. I was also thinking s53 might be applicable after the workshop claimed 'these parts are better' than the others Jason was going to fit.

<{POST_SNAPBACK}>

haha thanks.

Yeah i think you're right about s53 as well.

This stuff should really be fresh in my head, considering that I sat my exam for commercial law less then 3 weeks ago!

[cowie165]

lol, mine was two days ago!

[shif_tea]

man let us know how this goes, i'm sick of getting shafted by dodgey traders.

Hope it all works out for you.

[Thunderbolt]

man let us know how this goes, i'm sick of getting shafted by dodgey traders.

Hope it all works out for you.

<{POST_SNAPBACK}>

If this is the workshop I think it is, I have used them and had no serious issues, but they obviously made a mistake and aren't prepared to admit it.

Believe you me, I have spent years trying to find a decent workshop after having bad experiences in one after the other. Even going to workshops that people swear by often isn't good enough.

[StageZilla]

hey this sounds like familiar circumstances, like a well known workshop in WA which is GTR experts from most people opinions, but they couldnt even manage to get my stagea (with gtr engine and 5 speed) into 2wd, they clamped the attessa line and then procedded to put it on the 2wd dyno, and as the revs rise, smoke starts coming from around the gearstick hole in the car and the smell of the transfer case clutches cooking. and then charged me for a half dyno run and said oh the transfer case is stuffed, it wont go in 2wd. so i drive it home, unscrew the pressure line to the transfer case and bung up the line and imediately its in 2wd. trouble is they dont have a clue how a transfer case even works, as they admitted they said " u have seen 1 more transfer case than us", when i mentioned we had totally dissassembled it to check the clutches, worst deal is 99% of perth people reccomend this business for gtr's and skylines.

people get burned and will continue to because these so called "experts" are learning from the customers cars.

plenty of other issues but i think ive said the point :lol:

just watch out and dont believe one shop, go elsewhere and get other opinions