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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18246
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We got a deal from GrabOne for an installation of a car stereo

Customer Question

We got a deal from GrabOne for an installation of a car stereo in our Prius.
Before buying, I asked the advertiser Autoglass & Car Stereo Specialists to confirm if they could do this for a Prius 2001, which he confirmed.
Finally after three weeks we got an appointment and dropped off the car.
When we returned two hours later, we found our dashboard in cracked into three parts and put together without a radio. He said he would get it fixed and us to get a quote from Toyota - $455 + $206 labour.
He found this too expensive and during four weeks of false promises and excuses (not able to find a dashboard from wreckers), I told him that I was going to contact a lawyer to advise me. I then got him to pick up the car from my work on Thursday as he had a solution and guaranteed it would be fixed that day. He left me a courtesy car with empty tank.
The car did not return and after many times trying to contact him he finally replied I could pick up the car Friday (the next day) after work.
When I arrived I found the complete dashboard now being destroyed, actually ripped out. I got him to write down that he would pay for a repair as quoted by Toyota and took the car home with missing dashboard, holes and no buttons to operate (heater, defogger, etc.
I went to see Albany Toyota who could not believe what they saw. They confirmed the quote and sent this last Monday morning to Abdul Nazif (owner manager of Autoglass & Car Stereo Specialists and Supercheap Tyres in Onehunga).
I have contacted him several times yesterday and today without him responding.
What are my rights? I got proof of everything, which includes photos of the damage and emails sent and received.
If I go to my insurance company, I have to pay $300 access.
We have traveled up and down several times to Onehunga, spend many hours writing, emailing, phoning, getting two quotes, I loose sleep over it and cannot concentrate at work all due to these cowboys.
Is there not something like customer protection in New Zealand, do I have means to take him to court or get a lawyer, without having to pay for this all and the repair.
We currently can use the car but in great discomfort, cold, no blower of defrost to clear windows which makes it dangerous to drive.
Please help.
Phyllis xxxxx, Gerard xxxxx
xxx-xxxxxxxx
XXXXX@XXXXXX.XXX

 

Submitted: 9 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 9 months ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : You have strong rights in this situation under the Consumer Guarantees Act and under other law such as bailment. They are liable for the whole cost of the repairs to place your car back in original condition. You should take the car back to a reputable repair shop and get a quote for the repair, and then tell the installer he must pay this. He would be clearly liable to pay for the repairs. You do not need to claim insurance if you do not want to, but you can. If he refuses to pay then you can bring a claim in the Disputes Tribunal and get an order that he pay in full. From your description he has no defence and would have to pay.
Customer :

This is what we already knew. My point is how to get our car fixed as soon as possible as we cannot use it in current condition.

Customer :

If we go to the insurance we have to pay $300 access, we now have $70 for your advice and how do

Customer :

Sorry reply is not working, every time I press enter to go to a new line I cannot edit any more.

Customer :

We can go to go to the Dispute Tribunal paying lawyers cost, we have to pay the repair cost or access of our insurance, where is the end in us paying and what guarantees do we have to get our money back, as well as getting the car repaired.

christhelawyer :

You can go to the insurer and claim the $300 excess from the Car Stereo place. You do not need a lawyer to claim in the Disputes Tribunal, and lawyers cannot appear there anyway. That would be the best way to proceed. If you dont want to claim on insurance get this repaired and claim the whole cost from him.

christhelawyer :

You have rated this bad service but you could see a lawyer in person, pay some hundreds of dollars and get the same advice

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