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John Melis
John Melis,
Category: Australia Law
Satisfied Customers: 538
Experience:  Principal Lawyer at Legal AU Pty Ltd
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I have a situation that I am wondering what can be done. My

Customer Question

I have a situation that I am wondering what can be done. My partner owns a ute that was in a accident. This ute was towed to a repair shop and they were asked to prepare a quote to repair it, which they did & forwarded it to him. This quote had things that was not required to be repaired, so he asked for a new quote to be issued just to get the car to roadworthy condition and running.He explained that he didn't have the cash at that time and he would get back to them when he had the cash or at least a deposit. They proceeded to repair the ute without authorisation to do so and are now demanding full payment. They are also expecting the ute to be signed over to them because he can't pay the repair bill that he did not authorise. What can he do about this?
JA: What state is this in? And how old is the car?
Customer: Victoria and it is 2010 limited eddition
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: We have text conversations that prove he was not in a financial position to repair the car and they were fully aware of this
Submitted: 3 months ago.
Category: Australia Law
Expert:  John Melis replied 3 months ago.

Dear customer, your matter is complex and I recommend that you request telephone services.

Kind regards *****

Customer: replied 3 months ago.
From who?
Expert:  John Melis replied 3 months ago.

Dear customer, you can select telephone services, then I can discuss the matter in detail by telephone with you.

Kind regards *****

Customer: replied 3 months ago.
I don't want it in detail I just want to know what I can do about this simple
Expert:  John Melis replied 3 months ago.

Dear customer, your first option is to mediate, and raise a counter claim against that party in writing. If this fails, you will need to engage a solicitor to commence legal action in the Magistrates Court to commence recovery of the vehicle.

Kind regards
John Melis

Customer: replied 3 months ago.
Does the law state that work can be carried out without authorisation from the owner? Doesn't something need to be signed and/or paid as a deposit for the work to be started?
Expert:  John Melis replied 3 months ago.

Dear customer, works on a vehicle can be carried out on verbal instruction. In your case it will depend on what documents were signed if any, and what discussions were held with the service centre.

Kind regards *****

Customer: replied 3 months ago.
There was no verbal agreement and there was nothing signed nor agreed upon.
Expert:  John Melis replied 3 months ago.

Dear customer, in relation to your last post, the next action is to try and mediate the situation, if the other party refuses, you may then commence a claim in the Magistrates Court.

Kind regards *****

Customer: replied 3 months ago.
What area of law is this? They have demanded payment already and have already asked the car to be signed over to them
Expert:  John Melis replied 3 months ago.

Dear customer, the claim is a civil matter.

Kind regards *****

Customer: replied 3 months ago.
Because there was no verbal or written agreement for any repairs to be made, is he allowed to go and remove his vehicle from their premises?
Customer: replied 3 months ago.
Is the Ombudsman able to assist? As I said he doesn't have any money at the moment so seeking legal assistance is impossible as he is on a Centrelink payment
Customer: replied 3 months ago.
Hello?
Customer: replied 3 months ago.
Are u there?
Expert:  John Melis replied 3 months ago.

Dear customer, discussing your matter by telephone may assist you more efficiently.

Kind regards *****

Customer: replied 3 months ago.
Im sure it would but like I said he doesn't have the money and a simple question I asked Im sure u can answer... There was no agreement, verbal or written made to repair the vehicle so is he allowed to drive his vehicle off their premises? Also can the ombudsman help?
Expert:  John Melis replied 3 months ago.

Dear customer, while the vehicle is in the repairer's possession they can move the vehicle as required.

In your case, as the repairer is not willing to mediate the matter with you, the correct path to follow is raising a claim at the Magistrates Court for recovery.

Kind regards *****

Customer: replied 3 months ago.
Can the ombudsman help?
Expert:  John Melis replied 3 months ago.

Dear customer, in your matter it would not apply.

Kind regards *****

Customer: replied 3 months ago.
Why can't the ombudsman assist with this matter? I don't understand?
Customer: replied 3 months ago.
Is it "Civil Money Matters" or Civil Jurisdiction?
Expert:  John Melis replied 3 months ago.

Dear customer, if you would like to discuss your matter in more detail you are welcome to request telephone services.

Kind regards *****

Customer: replied 3 months ago.
You are making this complicated. I just want a simple answer... why can't the ombudsman assist and what area, civil money matters or civil jurisdiction?
Expert:  John Melis replied 3 months ago.

Dear customer, in your particular matter, the repairer is refusing to return your vehicle, as payments are not maid for repairs. You are saying that you did not authorise those repairs. There is a dispute! If mediation does not work with the repairer, your next step is to raise a claim at the Magistrates Court. If you need assistance with raising a claim at the Magistrates Court, you can engage a solicitor to assess your facts, and commence a claim on the same.

Kind regards
John Melis

Customer: replied 3 months ago.
why can't I go to the ombudsman?
Expert:  John Melis replied 3 months ago.

Dear customer, the recommended legal steps have been provided to you.

Kind regards
John Melis

Customer: replied 3 months ago.
Well I feel this service has been poor and a rip off... I am not leaving any kind of positive review as all you have constantly requested was extra money to have a telephone conversation...
Expert:  John Melis replied 3 months ago.

Dear customer, I welcome you to call me on (03) 9999 7799 to discuss your issue.

Kind regards *****

Customer: replied 3 months ago.
Will this be a free call?
Expert:  John Melis replied 3 months ago.

Dear customer, I will not charge you to clarify the matter.

Kind regards *****

Customer: replied 3 months ago.
I left a phone number at the beginning, are you able to call that number in approximately half an hour?
Customer: replied 3 months ago.
why have I been charged $81, I did not authorise this payment?
Expert:  John Melis replied 3 months ago.

Dear customer, there is no phone number on our PABX system from you.

Kind regards
John Melis

Customer: replied 3 months ago.
Well I gave it and why have I been charged $81?
Expert:  John Melis replied 3 months ago.

Dear customer, concerning your charges you can mange this from your members area.

Kind regards *****

Customer: replied 3 months ago.
I never agreed to a $81 payment... I agreed to $5
Expert:  John Melis replied 3 months ago.

Dear customer, if you wish to speak with me I am available for the next 30 minutes on the number provided.

Kind regards *****

Customer: replied 3 months ago.
Why have I been charged?
Expert:  John Melis replied 3 months ago.

Dear customer, justanswer is a USA website and you agreed to their terms and conditions. You can manage your subscription from your members area.

Kind regards
John Melis