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I left my car at a detailing place to have my car detailed…

Hi, I left my...

Hi, I left my car at a detailing place to have my car detailed and when I returned to pick it up the drivers side wing mirror was missing. An incident report was filled out. I called the company numerous times so I could speak to someone in reference to them fixing it so after 1 week someone did call me but refuses to accept liability by making up all these excuses. I have had the mirror replaced at a cost of $115.00 so am wondering how I can claim the money back from the car retailer?

Lawyer's Assistant: You can email***@******.***. JustAnswer is backed by a 100% satisfaction guarantee. So if our Customer Care team can't address your issue, and it's been 30 days or less since you paid to ask your question, they will refund your money.

What is the cost of this please?

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Will I be able to recoup the cost through the car detailer?

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

NSW

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

Only spoken to IMO Mgr who called me and refused to accept liability

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

I have a copy of the incident report

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Answered in 4 hours by:
4/23/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,545
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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can you upload the incident report please

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You may have a claim under the Australian Consumer Law based on the facts that you have described. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2.

All sellers warrant that goods or service are acceptable for their use/service.

Goods:

a. Goods must be of acceptable quality

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.

Services:

a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

Seller has several options they can provided where goods or services have not meet the requisite standard. The seller can either repair, replace, refund, compensation, and cancel the entire contract.

What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be be numbered with points 1, 2, 3, etc. with each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 7 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 7 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in NCAT.

You can lodge this claim directly on their website. The key element of the claim is the points claim that details the matter, This application point will need a little time to prepare the facts, and I recommend that you download the application first, review, fill it out, and then when you are ready lodge the same online

You may also have a claim of misleading conduct by the seller, under section 18 of the Australian Consumer Law. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

The contractor cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Would you like to try this option of the complaint first.

You have a legal right to protect your interests in this important situation.

If you need any further information please let me know.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

Have I answered your question today ?

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Customer reply replied 3 months ago
Thank you kindly for your reply. Yes you have answered my question. I will take a photo of the incident report and forward it on to you. May you have a very pleasant day.

you are most welcome.

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
Not at this stage, please accept my apologies as I am currently on night shift so have just woken up. I may do that on my day off this Friday but will obviously let you know first.

ok

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,545
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
Please find attached a copy of the Incident Report and the receipt for the repairs.
Customer reply replied 3 months ago
Sorry John it is not allowing me to attach anything

Just email it to just answer and they will send it to me

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Customer reply replied 3 months ago
Do you have an email address I can send it to?
Customer reply replied 3 months ago
Hi John,
Did you receive a copy of the Incident Report, receipt for repairs attached?

Not yet I am still waiting on it.

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
I sent it last Tuesday at 12:00 pm

ok

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
Hi John,
I would like to cancel the membership as I feel I am spending more money than what it cost me to fix the mirror. I do not want to spend any more money on this matter. Thank you kindly for your time and may you have a very pleasant day.
Regards
Carol Varley

Sure Carol

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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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