Jump to content

Workshops And Repairers


Recommended Posts

Edit: Don't know if you saw the news today (19 March 2007) but the Motor Vehicle Repairers Act is now enacted which means Motor Vehicle Repairers will need to get a licence to say they are proficient in what they do. It also provides more protection like mentioned below to consumers who feel they have been ripped off by a MV Repairer or had dodgey work done...read below for more info

 

OK i'm posting this after having a chat to a mate whos had some problems with a workshop who shall remain nameless...but it would be appreciated if the mods could possibly put this in the pinned section as it contains some useful information for when you have a problem with a workshop who has done shoddy work on your car or fuk'd something up.

 

For those of you who don't know i used to work for the Department of Consumer Protection as an Investigator. Soon there will be some legislation in place which covers motor vehicle repairers (Motor Vehicle Repairers Act 2003) i know it says 2003 but i have been told the powers that be are still deliberating over a few things like penalties etc so its not actually in force at the moment (you can get a copy of the Act from the State Law Publisher website if your interested in having a look)...

 

But regardless of the above you can still lodge a complaint under the Fair Trading Act 1987 for things like quality of workmanship and being supplied with different parts to what you ordered etc (heard of a case with the same workshop where they were meant to install a Boshe fuel pump and instead chucked a generic brand in and it resulted in the car having fuel flow problems).

 

If you do have a problem with a workshop then what you need to do first is approach the workshop and try resolve the matter with them first (generally write a letter stating what the issue is and what you feel they should do to rectify the situation...bearing in mind to be reasonable with that). If you don't have any success trying to resolve it yourself and you have tried on at least 2 occassions to do so then you can lodge a complaint with the Department and someone here will look into the matter for you. Generally the Dept will attempt to conciliate the matter between both parties first (we can't force a trader to do some thign and we can't seek compensation on your behalf, we can just try to get them to fix the problems you have so you are happy with what you paid for). If there appears to be a breach of the legislation then the Dept will generally investigate the trader for those suspected breaches.

 

Now i don't wanna get your hopes up and make you think the Dept will resolve all matters or be able to take prosecution action etc agaisnt the all traders. It all comes down to evidence and what the evidence shows. However in saying all this, don't just not complain cuz you think nothign will happen, the Dept keeps a record of every complaint that comes in about a trader so if a pattern starts to form in relation to the type of complaints we are getting about them then we will look at things differnetly should a similar complaint come in about the same issues. The Department can close a complaint with no further action (if there is not enough sufficient evidence), issue the trader with an educational letter reminding them of their obligatinos under the consumer protection legislation, issue a formal warning letter (if there is evidence to show a breach but not enough to get a successful prosecution from) and finally prosecution actino where the Department takes the trade to court (need very good evidence to show the breach, otherwsie it's a waste of time and the trader gets away with it)

 

Anyway i hope that helps a few people as i do see people complaining about the service etc they have received from a trader/workshop on here.

 

Also NOTE: If you have a problem with a trader who supplies parts etc they must trade in this state in order for us to look into it. however if they are in another state you can always lodge your complaint with the Fair Trading depatment in thatr state and they can look into it for you. Most consumer protection legislatino is the same or very similar in each state.

 

Any queries or questions feel free to post in here or give me a PM.

 

Just thought i'd add to this...

 

section 40 of the Fair Trading Act

40. Warranties in relation to the supply of services (TPA s. 74)

(1) In every contract for the supply by a person in the course of a

business of services to a consumer there is an implied warranty

that the services will be rendered with due care and skill and

that any materials supplied in connection with those services

will be reasonably fit for the purpose for which they are

supplied.

 

other sctions you might want to look at;

section 12

section 18

section 34 (to be read in conjunction with section 35)

section 37

section 38

section 41

 

REMEMBER in alot of cases it is good to have witnesses or 3rd parties who can corroborate your version of events and the "he said she" said scenarios are not really gonna hold alot of weight to do anything about someone doing soem thing dodgey...but it can still be worth trying...

 

Happy reading and i'm still available for advice or help if someone wants any...just PM me, send me an email if you have it or look for me on MSN.

 

Regards

 

Carlos

Edited by Carlos
Link to post
Share on other sites

umm....my turbo in car is suppose to be a t28bb, but ive been told by several people that it isnt because it doesnt spoool down wen u turn it off, i start to believe this everyday.....ive got receipts from the work shop saying its a s15bbt....the turbo hasnt been changed since ... wat shuld i do about it?

Link to post
Share on other sites
umm....my turbo in car is suppose to be a t28bb, but ive been told by several people that it isnt because it doesnt spoool down wen u turn it off, i start to believe this everyday.....ive got receipts from the work shop saying its a s15bbt....the turbo hasnt been changed since ... wat shuld i do about it?

You'll need to get confirmation from someone (like 1 or 2 independant workshops who know what they are looknig at with turbo's) and have them tell you what turbo it is. If it isn't the turbo you ordered then ask those shops if they would be kind enough to provide something in writing jsut stating that the turbo is whatever they say it is. If they ask why you want it and you tellthem and then they refuse, they are entitle to do so but just try pursuade them that they will not have any legal action taken against them as all they are stating is what turbo is on your car ,not such and such a shop instaleld the wrong turbo etc...it can jsut be a simple sentece "Mr XXXX has a T??? fitted to his nissan SR20 engine in his 200/180??" anythign like that...

 

If it is a different turbo and you've confirmed with a professional that it is, then approach the workshop who installed it and let them know that you have found out that the turbo on your car is not the one you ordered and you want them to fit the turbo you ordered or give you a refund of the difference in the price of the 2 turbo's (no doubt there would be if one is BB and the other non BB)...they can refuse to do anything at which point i would again calmly explain that they have fitted the wrong turbo and charged you for the one you were meant to have fitted and if they are unwilling to rectify their error or fraudulent conduct then you will lodge a complaint with Consumer Protection for accepting payment and supplying goods materially different from those ordered and false and misleading representatinos regarding the turbo they fitted to your car. (take your invoice with you to show what you ordered, let them look at the turbo and comment, if they say no that is a ??? then turn around to them and say you have had 2 independant workshops look at the turbo and both haver said it's ???...don't mention the names of the shops and if they ask jsut say thats irrelevant, the thing is they are professionals and they hae made a professional observatino from which you have written confirmation of what turbo they say it is)..also stay clam through all of this, don't go in there guns blazing etc, just nice and calmly, Hi wanna speak to you about this, then break stright into the version of events, then let them have their say) the more calmly you approach the situation the more likely you are not to get into a verbal abuse match and really accomplish nothing...

 

But if that doesn't rattle their tree and get them to fix it then get back in touch with me i'll point you in the directino of a complaint form and one of the investigators here will look into it for you...I can't as i'm in a different section to where this kind of complaint would go...

 

hope that helps, don't hesitate to ask more if you need to...

Link to post
Share on other sites
check with the shop, see wot they say, then if they say yeh it is go get it checked at another workshop! thats one option :yeah:

LOL it's like you were reading my mind as i was typing my post above hahaha

Link to post
Share on other sites
check with the shop, see wot they say, then if they say yeh it is go get it checked at another workshop! thats one option :yeah:

LOL it's like you were reading my mind as i was typing my post above hahaha

I HAVE HAD SOME EXPERIENCE IN THE D o d g e y F*CKIN WORKSHOP AREA! <_<

Link to post
Share on other sites
umm....my turbo in car is suppose to be a t28bb, but ive been told by several people that it isnt because it doesnt spoool down wen u turn it off, i start to believe this everyday.....ive got receipts from the work shop saying its a s15bbt....the turbo hasnt been changed since ... wat shuld i do about it?

You'll need to get confirmation from someone (like 1 or 2 independant workshops who know what they are looknig at with turbo's) and have them tell you what turbo it is. If it isn't the turbo you ordered then ask those shops if they would be kind enough to provide something in writing jsut stating that the turbo is whatever they say it is. If they ask why you want it and you tellthem and then they refuse, they are entitle to do so but just try pursuade them that they will not have any legal action taken against them as all they are stating is what turbo is on your car ,not such and such a shop instaleld the wrong turbo etc...it can jsut be a simple sentece "Mr XXXX has a T??? fitted to his nissan SR20 engine in his 200/180??" anythign like that...

 

If it is a different turbo and you've confirmed with a professional that it is, then approach the workshop who installed it and let them know that you have found out that the turbo on your car is not the one you ordered and you want them to fit the turbo you ordered or give you a refund of the difference in the price of the 2 turbo's (no doubt there would be if one is BB and the other non BB)...they can refuse to do anything at which point i would again calmly explain that they have fitted the wrong turbo and charged you for the one you were meant to have fitted and if they are unwilling to rectify their error or fraudulent conduct then you will lodge a complaint with Consumer Protection for accepting payment and supplying goods materially different from those ordered and false and misleading representatinos regarding the turbo they fitted to your car. (take your invoice with you to show what you ordered, let them look at the turbo and comment, if they say no that is a ??? then turn around to them and say you have had 2 independant workshops look at the turbo and both haver said it's ???...don't mention the names of the shops and if they ask jsut say thats irrelevant, the thing is they are professionals and they hae made a professional observatino from which you have written confirmation of what turbo they say it is)..also stay clam through all of this, don't go in there guns blazing etc, just nice and calmly, Hi wanna speak to you about this, then break stright into the version of events, then let them have their say) the more calmly you approach the situation the more likely you are not to get into a verbal abuse match and really accomplish nothing...

 

But if that doesn't rattle their tree and get them to fix it then get back in touch with me i'll point you in the directino of a complaint form and one of the investigators here will look into it for you...I can't as i'm in a different section to where this kind of complaint would go...

 

hope that helps, don't hesitate to ask more if you need to...

thanx a sh!tload aye!!!! will get arnd this friday to clear things up!

Link to post
Share on other sites

try and get the serial numbers of the turbo. give garrett a call and get them to send or fax an official letter to u that says that the turbo numbers u provided are from a specific turbo.

Link to post
Share on other sites

I am in SA court on the 16th about a workshops treatment of me.

 

I spoke to Fair trading WA and they sent me to Fair trading SA. Who were offically useless :(

Link to post
Share on other sites
try and get the serial numbers of the turbo. give garrett a call and get them to send or fax an official letter to u that says that the turbo numbers u provided are from a specific turbo.

*silly* excellent idea and probably the best for clarificatino of what turbo you have...thats if you can seethe serial #'s

Link to post
Share on other sites
I am in SA court on the 16th about a workshops treatment of me.

 

I spoke to Fair trading WA and they sent me to Fair trading SA. Who were offically useless :(

so you had work done on your car by a SA workshop or you just ordered parts through them and had troubles...

 

Yeah unfortunately each state has it's own jurisdiction when it comes to this legislation so it works on where the trader is located not where you are located...so if you buy from overseas jsut be warned there is no protection for you under WA legislation unless you take civil action...which brings me to my next point i forgot to mention yesterday.

 

But the Fair Trading Act has civil provisions in it so although we can look into a matter for you (eg faulty workmanship) you will need to take action against them in the civil court to rectify the situation but you can use the informatino we gained during our investigations for you to use in your case...thats only for a number of sections of the Act, all the rest allows the Dept to prosecute them for breach of the Act...faulty workmanship etc is considered part of a contract for the goods and services you have ordered/paid for, crappy work done is technically a breach of the contract between you and the trader...which is why it is viewed as a civil provision of the Act...

 

Like i said though if you want to discuss any problems with me or clarify anything i've said either PM me or better yet, give me and email as it's easier to reply to...my email is [email protected]

Edited by Carlos
Link to post
Share on other sites
  • 2 years later...
  • 9 months later...
  • 3 years later...

Why did i not see this thread earlier.

 

Ok so sometime in january my daily lpg falcon's gas converter went into shiz

 

Towed it to a lpg workshop (referred by a friend who claims will do me a good deal)

 

Went the next day they hadn't start on it yet and told me to come back in 2hrs, 2hrs later picked it up drove fine all good paid just under 2k think was 1800 or somth no receipt was given... Didn't think about it at the time but i paid with credit card and it states the company's name etc and transaction of said amount. Well i did think damn thats expensive, but i guess thats the price you pay for this type of work *clueless about gas* They told me my gas converter needed to be replaced and it was a very expensive part plus the labour costs for working with lpg. I was just happy the car was running again, and it should be running strong for the next couple of years.

 

As soon as i got home parked it, next morning it wouldn't start... checked for condensation etc around the converter.. nothing present... Also the gas converter was the same one.. You could tell because the bolts seemed uncracked like its never been removed for a long time aswell as the unit looking the same. That day it was roughly 36 degrees remember the sweating and scorching sensation, so it wasn't an issue with it freezing up.

 

Contacted the workshop and they said I could either tow the car back there at my expense and I queried about what work was exactly carried out on the vehicle, and demanded a receipt for the work carried out + the invoice cost of a new gas converter that was allegedly installed. He then quickly replied, i will have to speak with the guy/boss who carried out the service to discuss the issue, and that he just left the country for 3 months for a wedding.

 

Since i really needed the car plus felt distrust with the workshop i contacted a mobile lpg repairer via swan taxi's and got a quote to replace the gas converter 500bux and he swings around. Replaces it within 10mins of arriving and everything is good.

 

So I got the contact details of the mobile lpg repairer and he confirmed with me they in fact did not replace the gas converter but simply cleaned out some residue which causes it to sludge up and jam. Which is a common practice,he proceeded to advise me that doing so is just a temporary fix, and for 2k you'd expect either a rebuild or replacement and definitely follow up about trying to get your money back.

 

So 3 months later i contacted the workshop and they are refusing to acknowledge that i was ever a customer.

 

What do i do from here?

Edited by Jizmo
Link to post
Share on other sites

They can refuse to acknowledge you were a customer, but you have the credit card transaction to prove otherwise. So I'm sure you'll be able to get something out of it

Link to post
Share on other sites
×
×
  • Create New...