URGENT - NSW Legal Issue

Discussion in 'Non Technical' started by mikemd, May 27, 2011.

  1. CHILI

    CHILI Indestructable Target

    Hi Mitch,

    I believe you may be very close to the truth of Mikes problems re: the car and it's new-found foibles(however, this doesn't discount the issue of the "unpaid for" engine, that this workshop conveniently overlooked and refuses to pay for/return).

    Cheers
    Lloyd
     
  2. Mitch

    Mitch Has one gear: GO

    The unpaid engine is a black/white case, that should be dealt with the constabulary.
    Perhaps starting with a formal letter of demand / intent to the workshop via registered post (with reciept) might be a good start. State clearly what you want and who will be notified should your requests not be met. Timeframe for resoltution should be clearly specified. Plenty of templates exist online, choose on that comes from a credible legal firm and is ideally for an australian audience.

    Perhaps even a call to the police assistance line on 131444 will clarify the proper course of action.
     
  3. rob260

    rob260 Administrator Staff Member

    Good examples here http://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-letter-of-demand/#headingh24

    I have used the following before (from a website, can't find which one)

    "Dear XXX,
    I am writing concerning the amount of $XXX which was due to be paid on XXX and remains outstanding despite my requests for payment. This amount relates to XXX

    I demand that payment of the full amount be paid to me at the address stated below within XX days from the date of this letter.

    If this matter is not resolved by the time specified above, I reserve the right to commence legal proceedings to recover the debt without further notice to you and this letter may be tendered in court as evidence of your failure to pay."


    Letter of demand is really just a piece of your "legal arsenal" should push come to shove and you are required to recover the money in court.

    Also consider approaching the department of fair trading; it won't cost you anything for them to intervene on your behalf. Also consider that fair trading are the governing body for workshop licensing etc, so they will be able to look at your situation from more than one angle...

    I dont suppose this repairer is part of NRMA approved repairer network? If they are they have already agreed (by being a part of the network) to let the NRMA arbitrate in disuputes between the workshop and customers. Might be another avenue worth pursuing.
     
  4. DJHZEX

    DJHZEX New Member

    Just PMed you mate...sounds like you've had a run in with the guy thats ripped me off a fair few thousands :mad:
     
  5. mikemd

    mikemd New Member

    Thanks Guys.... Chili and Mitch have hit it on the button and all other comments show that most Zed owners are becoming more aware that just because our cars are difficult to work on doesn't mean we should be seen as available money pits to workshops, whether Zed-specific or not. I did get to the point of throwing up my hands and saying, " Bugger, it's not worth the hassle!", but then more recently (the transplant occurred in September last year) was reminded that there IS another Zed owner driving around with my unpaid-for stolen motor... as well as suspected other items. The workshop told me he was doing 'major repairs' for another Zed, and I did see my motor fitted to this Zed in his workshop. So, that makes two of us who have been ripped-off by this character. And, Chili, I have no fear whatsoever of naming this 'gentleman' and his workshop, as my car speaks for itself as to their workmanship (including the cracked windscreen!), and I would back myself in a legal stoush, especially, if this other Zed owner can be traced as, from what I have been told by the workshop, he has been ripped-off as well, only big-time!! At least he has a good motor... :):)
    Altho', unfortunately, it doesn't belong to him...!!
     

Share This Page