Whats The Down Sidee

[GTRAAH]

Ok so you know a workshop has scammed you and you have 1 problem is that the receipt shows the part but no brand written on it when its meant to have the brand you wanted. Problem is you find out its another brand thats in your car but like I said the receipt does not show EITHER brand... Now scenario: You take it to fair trading.... what then, can someone fill me in what the steps are... What is the downside for me... Im not going to spend on a lawyer or nothing as Its not worth If I loose I will state the honest facts to the judge and hope they beleive me. What are my down sides to this if any? If its only that I loose then thats fine Atleast I tried , I more worried about whats my expenses at wrst case scenario

Edited August 1, 2012 by GTRAAH

[oweban]

Sounds like a tough one: Say I had "oil pump" on my receipt but the brand was only specified face to face, it's kinda hard as it becomes a their word vs yours.

Not a lawyer though - just my $0.02. Could be wrong!

[GTR-N1]

When you requested a particular brand, was the request only a "verbal" or was your request placed as email/written?

If it was a "verbal", was there any witness?

[GTRAAH]

Thats the problem it was only verbal. The receipt only shows the type of part doesnt state ANY brand I never in the world thought this would happen so I didnt care but now I have had to pull the engine apart and I can see it cleary and its not what was told. It was 1.5 years ago and He recons he has witnesses such as his ex workers that say yes it was the brand that was in the car right now. Thats 100% bullshit anyone can make witnesses I can even create witnesses if I wanted. His is the biggest snake to walk this planet this is my baby I know for a 10000% fact what he told me as I have been speaking about this part everytime someone asks about my car I know everything about my car and what I purchase The frustrating bit which I cannot beleive is he is the one that stated the brand first and then I researched and agreed! we are talking about something thats over a few grand.

Lets just say Its my word against his if I loose what happens?

Edited August 1, 2012 by GTRAAH

[xntrq]

Customer is always right, so they say.

[Dose Pipe Sutututu]

mind telling us which shop did that?

[GTRAAH]

Not yet soon as I get my car back.....

So know one knows what the down side of taking to fair trading is , maybe there is none hmmmmmm

[Duncan]

Umm the downside is that if you don't win, you are responsible for their costs and legal fees. On the upside if you do win, they pay yours. Or 60%, I'm not sure what the exact rules are.

I am 12 months into a Fair Trading / CTTT dispute with my house builder and am $25k down in expert and legal fees so far. $400+GST/hr adds up reasonably quickly. When we win we stand to get 60% of that back.

As far as the actual process, there are one or more prelimianry hearings, each a few months apart, where you and the workshop state their case. Then a hearing to make a decision at the end of that. The decision is made on hard evidence like paperwork or expert reports (eg from an engineer). Verbal claims or input are not really given any weight.

pm sent re my experience with a workshop and CTTT

[GTR-N1]

I'm afraid that he & his fabricated witnesses in collusion outweigh your "verbal"

[ianjb]

Customer is always right, so they say.

I dislike a lot the way this saying has been taken so far out of context.

The saying was originally used to describe an attitude that a retail sales assistant "Should" have towards a customer. IE: "Dont f**kin argue, if they think they know it, then they know it."

Many companies don't use it and its by and far nothing to do with any legal requirements.

I get you're 'just saying it' & I'm just voicing my hate for the phrase.

[ianjb]

On topic, You're f**ked. Verbal agreement means jack shit.

I had written documentation re a quote for wheels & Tyres for a company here in Sydney (They even have there own trade thread in SAU.) Long story short: When I arrived to pick them up they had the wheels, but the tyres fitted where a lower quality and the price was higher than the quote. In the end I needed tyres and wheels that day so I had no option than to just paid it and walk away.

Got told it's pointless disputing it. for the $2000 paid and the $400 difference in tyre value it's more of a hassle than its worth.

[Manuel Kasko]

What about the price this could play a huge role?

Example if I buy a clutch and the receipt is say $1400 but no brand name

But the clutch put in was actually a very known cheap one for say $250.

Wouldnt that be enough grounds to take your side rather then his?

[GTRAAH]

Unfortunatly the price range are close its not the money issue here I mean the other brand may have been 500 more in total but You can find didferent prices around and some places sell t cheap, Thats why the money issue is not the way to go... unbeleivable how ppl can get away with these things No wonder why most ppl have to take the law in our own hand

[Ruxis]

And why people only used the best most trusted mechanics around.

[NYTSKY]

The only way you could have a leg to stand on is PROVE that you are paying for 'X' gearbox at $$ then you receive 'Y' gearbox at $$.

If he is knowingly ripping you off by putting an inferior gearbox in to make more money then you could go for it.

Other than that it's your word against his which in the end could be put down to a mistake or misunderstanding.

[zebra]

Also, was the "wrong" part the cause for an engine failure?

Without anything on paper, it could be deemed as fit for purpose or an equivelant

Could simply be he couldn't get that specific part so got the equivelant

[Hadouken]

Hes talking about his gearbox that spat 3rd gear

[zebra]

Oh right.

Missed that bit

Read somewhere that he pulled an engine down

[asps91]

like previously stated, unless you have a witness able to privide a stat declaration apon your verbal agreeemtn you have no chance. My reccomendaton would be to go to them, agree it was a misscomunication and find out if you can meet them half way or something with costing for the correct part installation. In my opinion this is all you will get out of this situation.

Any for reference, there has been a big discussion on legal fees ect. You dont need that for around $1000 disputes, apply to the consumer, trade and tenancy tribunal and fight it out yourself. Its private and mediated, not as duanting as some may think and its only $40 from memory. Ive been to plenty in the past for rental disputes and have never felt uncomfortable.