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Having problems getting my message sent to you. Queensland.

Having problems getting my...

Having problems getting my message sent to you

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Queensland

Lawyer's Assistant: What steps have you taken so far?

I have made a complaint to consumer affairs just yesterday

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

In february 2017 my car overheated and the engine blew up. I took it to ultratune ashmore to get it fixed. since they gave my car back it was running sluggish, leaking oil, and there was a loud tapping noise in the engine. So i gave them my car back and they did a grease and oil change so they said it would fix the problem. The car then started to overheat again so I took it back to Ultratune and they said it was the radiator then they said it was the thermostat, then they said it was the temperature sensors they assured me it had nothing to do with the engine so they charged me $680 for there work. I refused to pay as after replacing all the parts mentioned it was still overheating. So the manager wouldnt give me my keys and said for me to get my car back I have to pay $680 and sign a statement that the matter is now closed. I needed my car so I did all the above. Two weeks later the engine overheated and the whole engine blew up. They said the engine would have to be replaced at my cost. The manager also told me that if I wrote a bad review on him I would not live to see tomorrow.

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Answered in 5 minutes by:
3/30/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,921
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Ask Your Own Australia Law Question

Good Evening

You have 2 options.

1. Pay the money and then sue them in QCAT

2. Do not pay and sue them in QCAT

The first is a better option because you can have you car inspected by an independent mechanic and get a report that will assist you to show that this person has not repaired the vehicle or has made it worse.

With the second you will not be able to get access to have the car assessed

In relation to the threat you should report this to the police and have them contact this person and if need be take out an intervention order.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 20 days ago
This is not my question

Good Morning

My apology, I thought you were asking what you can do about this matter.

What would you like to know?

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Customer reply replied 20 days ago
My question is how do I sue someone for defamation of character through QCAT. A person went into my professional website and copied and paste my photo and placed it with a statement saying OmG this person is scary. She is a compulsive liar and all her family is violent and she should not be trusted. I have already gone to the police with the matter and they filed a report against her and rang her personally to notify her of her criminal activity and the police man have given me a report number for QCAT but I don’t know what section to file it under and what level of compensation shall I ask for as in money. She also said that she will be coming after my son who is 18 years old
Customer reply replied 20 days ago
I don’t know how many people she has posted it to. I am a research scientist with PhD in medicine. If she has gone into my professional website she could of sent this to my colleagues

Good Morning

You can to sue in QCAT

Defamation actions have to be in the Supreme Court or the District Court.

QCAT does nor have juridsiction

You need to have evidence of the lies and also show that you have notified her of the issues and requested an apology and retraction. If she does not then you can sue.

The threat to go after your son if that is a violent threat it is a matter where your son should take an intervention order against her.

The posts you can use as evidence of the defamation so make copies and print them out.

The following link is details about defamation in QLD.

http://www.legalpediaqld.org.au/index.php?title=Defamation_factsheet

You should also see what you can find out about who she sent it too and see if those people will give evidence about this and how the post has affected their opinion of you.

This is all important in a defamation case.

I hope this has made things clearer and assisted you.

Regards

Leon

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Customer reply replied 20 days ago
The problem is we don’t know who else she sent it to as she is posting it on people’s facebook accounts for the world to see. Do u think this is enough evidence to see a lawyer as I don’t want to pay out lots of money to lawyers if it’s not enough evidence. She is retaliating on a claim I have against her husband on a motor vehicle repair matter they had to admit liability and my claim was for $20000.00 and that offered me $6000 to keep it out of the courts and of course I said no and I told them no more correspondence and I will see u in court and they are angry and they angry. They said that they will be after my son for slander as well as me and my husband. Because she believes some of my claims are false which they are not. Everything I wrote in my claim is 100% true.

But you have the posts?

If you have what she has put on facebook that is enough to start the process and you should print it out and also report it to Facebook so they take action.

You have a full defence and if your son has made comments he has to make sure that he has not lied and they are true then he has a full defence.

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Customer reply replied 20 days ago
I do have posts. I have just been trough every word of my motor vehicle claim against them and there is not one word of slander so I’m confident I haven’t lied about anything. Additionally I told Wayne Cooke I was going to OFT and he said if you do you won’t live to see tomorrow within days and weeks after 2 events happened.
1. We tried to sell our car on eBay with no engine and everytime the sale finished there was always a bidding war that happened in the last 20 seconds and the winning bid never exited. One time the winning bid was $5000 and when we contacted the person he said that he did not put the bid in and someone hacked his account. So we put it back up for sale and it happened again. So we gave up trying to sell it on eBay. So I put it on car sales and I got a question regarding my car and the question said “YOUR SKUM” and it had a phone number linked to it and I went to ring it and it was disconnected. Then a week later my mobile phone number got hacked. Anyone who tried to call me got diverted to phone numbers in cairns. I went to Optus and they couldn’t work it out. Head office in Melbourne had to get involved and they told me someone had hacked my mobile number. Optus eventually fixed it and it happened again a week later. So Optus was able to rectified it a lot quicker and they said they did something so the person who was hacking my phone wouldn’t be able to do it again. And it didn’t happen anymore. I think Tracey and Wayne Cooke have been doing all these things. They are constantly interfering with my life and it needs to stop. I have been trying to get a job for the past 4 months with no luck. I think Tracey Cooke has posted that slanderous comments with my picture to laboratory heads in Gold Coast and Brisbane.

Good Evening

You need to have the evidence of the defamatory material.

Saying you think is not enough. It has to be more that your belief.

Ask Your Own Australia Law Question
Customer reply replied 19 days ago
Got it

Good Morning

All the best and good luck

If you have further questions please do not hesitate to come back.
Please do not forget to rate my work 5 stars so I can be paid and continue to provide my services.

Thanks for using Just answer.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,921
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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