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I put my car in for repair 4 months ago being quoted $1500 i

 
Alex's Avatar
  • Answered by:Alex
  • Solicitor - Admitted 2005
  • Positive Feedback: 94.5 %
  • Accepted Answers: 12917
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in Australia Law

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Customer Question

iis your answer able to be quoted to this repairer , how long before you answer i forgot to ask.(NNN) NNN-NNNNI put my car in for repair 4 months ago being quoted $1500 and 3 weeks for repair. the mechanic is now charging me $6547. he wont release the vehicle till $6547 paid in full he went on holiday the day of receiving parts, didnt notice for a month he didnt have all the parts. he got the missing parts then a day later went off again to visit his dad came back a week later waited a week and discovered missing another part. He gave us a courtesy car didnt say there was a cost, then said cost was $25 a day, agreed to drop cost to $20 a day then changed his mind saying he was charging $25 a day. He has had all required parts for approx 3 weeks now and my car is still not repaired. where do i stand legally my husband wants to borrow the extra money he is charging above the quote to get our car. then try to get money back later. if we pay are we accepting as a contract. he has broken agreement of when car will be ready on several occasions. he has raised the amount from $1500 to $6547 can he do this legally until 2 days ago when giving us the invoice for $6547 we had no idea the bill was going to be this high.

 

Optional Information:
Province: victoria

Already Tried:
we tried negotiating the cost of his courtesy car, we requested to pay off the amount he is charging, we have kept in constant contact with him and expressed ongoing he needs to finish work on the car. we pointed out his quote amount in the first instance and discussed we had initially asked - how much is this going to cost exactly how much do we need to get together over the 3 weeks. we pointed out at no time in the last 4 months has he mentioned such cost as he is charging.

Submitted: 823 days and 13 hours ago.
Category: Australia Law
Value: AU$99
Status: CLOSED
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Expert:  Alex replied823 days and 9 hours ago.

I do not suggest you give into this mechanic's extortion, rather I suggest you sue him.

You should call (03) 9628 9830 and ask them to mail out to you an application to commence a small claim. Simply fill it in and return it. They will send back to you two copies, one of which you must provide to the mechanic.

Once that is done, a hearing date will be set where both you and the mechanic will have to appear before a judge who will decide the matter. As he gave your husband a quote and greatly exceeded it, and is trying to charge you for the rental car, I think you would have a good case against him.

If my answer has been helpful or informative to you, please hit the Accept button. Alex40620.6090829051

Customer replied822 days and 17 hours ago.

<p>Alex need more info i already know i can take someone to small claims tribuna i didnt need to pay $99 to find that out..  The thing is i need my car, he wont release the car without giving into his extortion and line his pockets when he hasnt even done the job after 18 weeks.  small claim and a court date all takes time how do i go about getting my car and taking it somewhere else for repair he wants $6547 before he will release the car. Taken 18 weeks and not yet fixed the car now gone off somewhere and no idea when he will return. he has breached initial quote, breached time stated to repair, didnt say courtesy car had cost then agreed to $20 day for his courtesy car instead of $25 then changed his mind and charged $25 a day. I have no idea when he is returning I cant get him to fix the car when he says he will and I cant take it anywhere else as he wont release the vehicle to us. As i said in the last question my husband wants to pay him get the car get it fixed if he cant fix it and then claim him . where do we stand if we do what my husband wants to do?</p>

Accepted Answer

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Expert:  Alex replied822 days and 7 hours ago.

<>how do i go about getting my car and taking it somewhere else for repair he wants $6547 before he will release the car.<>

In your small claim, you ask the VCAT to make an order forcing him to return the car to you.

Does it take a little time? Yes.

But that's the only way to legally get your car back.

I'm sorry, and I wish I had better news for you.

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me if I were to provide you with anything less than truthful and honest information. As such, if my answer has been helpful or informative to you, even if it wasn't necessarily what you wanted to hear, please hit the Accept button.Alex40621.6675231134

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.5 %
Accepts: 12917
Answered: 3/19/2011

Experience: I did my law degree at the University of Queensland

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Customer replied821 days and 11 hours ago.

Relist: Answer quality.
1/ the anser quality as i explained to Alex was not satisfactory he gave me info i already knew, and he did not answer my enquiry in full. he did not even answer the follow up question. I know i can go to small claims. Alex also didnt give me a complete answer What if i do as my husband wants to do ie pay the extortionate amount requested by this mechanic ie quote $1500 bill $6547 get our car take it somewhere to get finished and claim the money back from him are we accepting and where do we stand getting money back from him. He quoted 3 weeks has taken 18 weeks still not finished car and wont release car till we pay in fulll. he agreed to $20 day courtesy car and changed his mind charging $25 day. he has been noticing months and weeks after parts delivery he is missing yet another part. i need my car

 
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