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Location:
Brisbane
Registered:
October 2002
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need legal help against my mechanic
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Sat, 03 September 2005 04:30
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i only need some basic legal advice, i know most ppl here arent lawyers/solicitors ect ect, but, yeh...
my car died the other day, thinking it was a problem with my new elec dizzy, i got it sent to billy-bob and jessy-jo's* auto elec service to check it out
i get a call 3 hours later saying that the elec system is fine and the car doesnt run for another reason, they asked what i wanted to do, i said i'd pick it up {at this point i didnt realise that they has expanded to full mechanical services}, they also mentioned that my carbs were loose, i explained to them that i used "soft mount" gaskets and that they "look" loose but they were in-fact, tight.
Soft mount gaskets are a rubber o-ring mounted inside a 40mm or 45 mm hole in a thin metal sheet, the rubber gasket is approx 3mm thick and they do all the "sealing" and the metal sheet has the 2 mounting holes in it, all you then do is nip it up so the rubber o-ring compresses approx 30% {so it looks like there is an approx 2mm gap there}
now i got there and paid them of their services, they told me that they beleived that the fuel system may be at fault, so they pushed the car outside when they closed the shop and i came back later to do a bit of trouble shooting to work out the problem, the fuel pump was found to be at fault and not flowing any fuel,
So i got a new fuel pump the next day {today} and promptly installed it, cranked it over, primed the fuel system and away she went, but it idled really badly, i thouhgt it'd be because the fuel hasnt reached the carbs at full pressure yet, so i gave it a little blip and i felt it backfire against my hand, where the hell did that come from i thought, cause my hand was no where near the mouth, then i saw it, the tops were cracked off the top of both sides of one of the carbs, which has rendered them FAR beyond fixable.
now
obviously, i never asked this guy to tighten anything to do with my carby's, or to attempt to get it tune it in anyway {as i mentioned that it had only been tuned 12 hours before}
i'm pretty sure that i can make him pay for a new set of carby's including tuning, new solf mounts {cause mine will now be rooted}, towing to the tuners, tuning, rebuilding the new carbs if need be ect ect
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Location:
Brisbane
Registered:
October 2002
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Re: need legal help against my mechanic
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Sat, 03 September 2005 05:08
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shown in the pic below is where they are broken, but ther are also broken in the same spot on the other side of the carb
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Location:
new castle
Registered:
July 2005
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Re: need legal help against my mechanic
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Sat, 03 September 2005 06:25
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i'd try and find a lawyer that gives a free quote.
you might be NOT be able to do anything as you cant acutally prove that the carby things werent broken before they entered the work shop unless some one (ie the tunning place 12 hours before) can vouche for them being in good working order.
other wise the mechanic can just say it was like that when it came in.
the hardest part is proving that they broke the carby's.
have you called the work shop and asked them what they've got to say on the matter
ANOTHER way you might be able to go about it is the department of consumer affairs. they might be able to give advice on what to do aswell.
if i ever need take my car in to get work done on it i'm going to take photo's of just about everything and date them so if something like this happens i have proof.
but yeah i'd definatly ask a lawyer about your options becuase its definatly going to be a touch and go situation
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Location:
Perth
Registered:
October 2003
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Re: need legal help against my mechanic
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Sat, 03 September 2005 06:36
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Lawyers would'nt bother touching this, they don't work for pennies 
Try consumer affairs or Motor Trade Association.
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Location:
Sydney
Registered:
September 2004
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Re: need legal help against my mechanic
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Sat, 03 September 2005 06:37
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Yeah the main problem is that you'll have to prove that they were fine before they came into the shop. Did you have anyone with you when you tuned it?
If it was me, I'd be like look mate I told you over the phone they look loose and I just tuned them and I've got a dyno slip and the place where I dnyo'd it at will vouch that the car was in perfect shape because THEY tuned it 12 hours before I came to you. I don't want to get off on the wrong foot and I'm pretty busy so I don't want to go through lawyers and all that crap, besides I'm going to be coming here regularly for when I build my drift car.
BS that you were at the dyno place and have witnesses etc. so he'll think he's fucked and then even tell him (if he's that tight) that he can pay half and then half in another 2 weeks or something. At least that way you're going to get some money and once he's made the first payment he's admitting that he is at fault because he has given you the first half of the money so that should be proof enough if you do need to take it to court.
Also mentioning that you're going to be coming there all the time will mean he won't want to fuck over a long term customer.
I think
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: need legal help against my mechanic
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Sat, 03 September 2005 07:24
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dont say "I dont have time to go thru lawyers" - that smacks of "I don't have a legal leg to stand on, but I'm hoping I can force you to do this"
just say the "these weren't broken, now they are" if they say they didn't do anyhting, *then* say you were at a dyno place only X hours/days before and they were fine. if they still say no, then say you're going to DFT
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Location:
Brisbane
Registered:
October 2002
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Re: need legal help against my mechanic
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Sat, 03 September 2005 07:28
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dft??
i didnt get the tune done at a workshop, a friend did it, he has all the tools and i didnt have the $900 for the dyno tune
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: need legal help against my mechanic
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Sat, 03 September 2005 07:32
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dft = dept fair trading.
how long before you went to the mech did your friend do the tune?
the dyno thing is basically a smoke screen, depending on how many laws your friend is willing to bend.
would look better if it was a workshop of course
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I supported Toymods
Banned User
Location:
Brisbane
Registered:
May 2002
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Re: need legal help against my mechanic
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Sat, 03 September 2005 08:33
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If you can find someone capable, you should be able to get them welded up. If you cant find anyone let me know and i'll see if I can get them done in the shop.
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Location:
Brisbane
Registered:
October 2002
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Re: need legal help against my mechanic
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Sat, 03 September 2005 14:14
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car was tuned at 7.30 at night on w3ednesdaym car dies on thurs after noon, car was at shop at 12 midday on friday
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Location:
melbourne
Registered:
November 2003
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Re: need legal help against my mechanic
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Sat, 03 September 2005 14:23
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how about we all just have some good ol hardcore sex with that chick in ur profile, and sort it out after that hey??? 
bad luck bout that mechanic shit tho
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Location:
Sydney
Registered:
September 2004
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Re: need legal help against my mechanic
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Sat, 03 September 2005 15:33
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| Mr DOHC wrote on Sat, 03 September 2005 17:28 |
dft??
i didnt get the tune done at a workshop, a friend did it, he has all the tools and i didnt have the $900 for the dyno tune
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Yeah I know, the reason I said say you got it tuned at the dyno is because it's a lot better sounding proof to say you got it tuned at a dyno and the guys their will prove that there was nothing wrong with it beforehand because they tuned rather than saying 'my mate tuned it'.
BS it mate 
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Location:
Sydney
Registered:
August 2004
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Re: need legal help against my mechanic
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Sun, 04 September 2005 00:48
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Document everything you remember, times, the phone call where they said your carbs were loose, etc. Then go see a lawyer, get a letter writen up and get the lawyer to send it to them, stating that if they do not get you two replacement solex' carbs legal action will follow. They are pretty inbred if they thought your carbs were loose. Feel for ya dude, paying for someone elses lack of knowledge.
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Location:
NSW
Registered:
July 2005
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Re: need legal help against my mechanic
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Sun, 04 September 2005 00:55
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Department of fair trading is the only way to go. But go and call their bluff as Draven said. Tell them, it was at the mechanics (your mate) and there was nothing wrong with them. You would like them to fix the carbs, if they say 'no' then ring the Dept of fair trading, right there in front of the guy, usually they shit, and then want to talk and co-operate.
But the hard part for you will be proving that there was nothing wrong with the carbs. Check your invoice, if there is mention of carb repairs etc, then you have got them.
Let us know how you get on with it.
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Location:
SYDNEY
Registered:
November 2004
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Re: need legal help against my mechanic
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Sun, 04 September 2005 02:42
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Mr DOHC,
can you pleas change you AVATAR it is a major distraction......now what was the question again !
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Location:
Perth
Registered:
November 2004
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Re: need legal help against my mechanic
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Sun, 04 September 2005 03:39
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damn that sucks
try contacting the actual store and threaten legal action, they may do something about it
who is the hottie in ur av btw?
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Banned user
Location:
Liverpool NSW
Registered:
March 2004
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Re: need legal help against my mechanic
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Sun, 04 September 2005 04:17
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that sucks.
The mechanic that installed my second 4ac. All the tubes for the throttle where mixed up, the bolts of the gearbox and engine mounts were all loose. Also had old engine oil and diferent spark plugs (old).
I hope you nail this guy down
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Location:
cambo
Registered:
May 2002
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Re: need legal help against my mechanic
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Sun, 04 September 2005 09:07
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ok before everyone starts getting all 'lets get this dodgy fuck', why dont you go see the bloke and politely tell him the situation. fair enough you might be shitty now, but most places will realise they have made a mistake and will want to rectify the problem rather than have you bad mouth the company and give them a bad rep.
i work in the trade, and every now and then you fuck up, we're only human, and if this happens we want to fix it. but id say 8 outta 10 times when a customer returns saying you fucked something, you havent and they are just trying to screw you over and make you fix an already existing problem or a new unrelated problem. fair enoguh this isnt the case in your situation but try the sensible approach first, dont start with the 'i got proof it was good before you got it' shit cause all that will make them think is your a smart arse.
give them the chance to do the right thing first, then if they are cunts, then make something of it.
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Location:
Brisbane
Registered:
October 2003
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Re: need legal help against my mechanic
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Sun, 04 September 2005 11:04
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i am a mechanic and i will tell you now.. most workshop motto's are "do not ever claim that you are responsible". My advice to you is to see your regular mechanic, friends, etc and have them write a signed letter stating the condition of the engine before it was sent to this mechanic in question.
any photographic evidence that you may have, ie photo's of the engine bay etc. He will claim that you have work on the vehicle after he had performed his work and damaged the components in question. See another mechanic and have him tell you in writing that touching the fuel pump wether it is mechnical or electrical will have no physical effect on the carby's and manifold.
get as much written evidence as possible, photo's, statements from friends etc. then threaten him with legal action and taking the story to the local newspaper. He will most likely break under the pressure of possibly losing much future cliental.
If he still doesn't crack. Then take it to small calims with the assistance of Dept. of Fair Trading.
Anyway, good luck.
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Location:
Brisbane
Registered:
February 2004
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Re: need legal help against my mechanic
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Sun, 04 September 2005 15:17
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Being a brisbane resident I would like to know the name of this place so I can avoind it, please pm it to me or tell me on msn, thnx
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Location:
cambo
Registered:
May 2002
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Re: need legal help against my mechanic
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Mon, 05 September 2005 07:28
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hybrid_86, where do you work? your place sounds like the kinda workshop that gives the rest of us a bad name, but of course as you have demonstrated there are places out there that dont give a stuff about customer service they are just happy to have your money.
try approaching the place nicely first, then if you get no satisfaction, take it further.
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Location:
Brisbane
Registered:
October 2002
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Re: need legal help against my mechanic
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Fri, 09 September 2005 15:08
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ok, called him up , was uber polite
he said he'd have a look at it
took FULL responsibility, no argument, get a new carb {my jets ect} cost him over $400
nice 
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Location:
Sydney
Registered:
September 2004
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Re: need legal help against my mechanic
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Fri, 09 September 2005 20:45
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| Mr DOHC wrote on Sat, 10 September 2005 01:08 |
ok, called him up , was uber polite
he said he'd have a look at it
took FULL responsibility, no argument, get a new carb {my jets ect} cost him over $400
nice
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CONGRATS!!!
I'm real happy for you dude
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I Supported Toymods
Location:
Casula
Registered:
January 2005
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Re: need legal help against my mechanic
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Fri, 09 September 2005 22:33
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| Mr DOHC wrote on Sat, 10 September 2005 01:08 |
ok, called him up , was uber polite
he said he'd have a look at it
took FULL responsibility, no argument, get a new carb {my jets ect} cost him over $400
nice
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Glad to hear this worked out for the best.
Just remember to use this approach in the first place and the result is generally what you are looking for.
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