Leon, This is on behalf of my son. He put his Landcruiser in for a log book service prior to travelling up to Darwin for

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Customer: Hi Leon, This is on behalf of my son. He put his Landcruiser in for a log book service prior to travelling up to Darwin for work and there were a few issues with the car whilst driving to Darwin. He has found out that work that was supposed to have been done by the Mechanic wasn't done cause major damage to his vehicle. Log book was signed off to say work was done. Now my son is out of pocket nearly $10k to repair what shouldn't have been an issue if serviced. He has only taken the Cruise to one workshop since owning the vehicle. The mechanic that looked at the car once in Darwin has done a report. We are not sure what he should do to get back money that he shouldn't have needed to pay for repairs if the service was done. We would like to know what we need to do!
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: I am in WA and the car was services in WA but he had to move to Darwin for work as he started an apprenticeship 3 weeks ago.
JA: Have you contacted the seller or manufacturer?
Customer: He has tried but the workshop owner is denying everything.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Would it be better to contact my son direct or talk to me.
Answered by Leon in 1 hour 2 years ago
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Leon, Expert

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

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Leon, Expert

Good Afternoon

What evidence does he have that it was not done?

Customer
Thanks skein. I know I may have doubled up. Not use to doing this on line, usually would ring and talk to someone. This is on behalf of my son as he isn’t able to contact.
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Leon, Expert

It is ok we can stay here

What evidence does your son have that the work was not done?

Customer
I attached the report from mechanic in Darwin. The mechanic in Pt Hedland also said that nothing was done to bearings which caused these issues. My son has a text message requests that bearings be done.
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Leon, Expert

If the Mechanic that says nothing was done is prepared to give evidence in support of your son he can sue the initial mechanic.

Does he know the cost of the damage?

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Leon, Expert

The documents you attached to the duplicate question are they from the first mechanic or the second that said the work was not done?

Customer
he has gathered all receipts, invoices expenses incurred. The attachments are from the mechanic in Darwin who has fixed the cruiser. The mechanic In Pt Hedland said he would also provide information to say nothing was done.
Customer
Total out of pocket expenses approx $9,980.
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Leon, Expert

Just to be clear the documents are not from the first mechanic who was to do the service?

Your son is in the NT?

Customer
No they are from the mechanic in NT. Yes my son is in NT
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Leon, Expert

The initial mechanic is he in the NT

It would be easier on the phone I have sent you an offer at a discounted rate if you want to accept

Customer
The initial service was a 80k log book service done in Perth. They had the cruiser for a week 17-21/8. My son also asked to do the bearings.
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Leon, Expert

He has a case and if the other parties are prepared to give evidence then he has a good case.

NTCAT is the tribunal

https://nt.gov.au/law/courts-and-tribunals/northern-territory-civil-and-administrative-tribunal-ntcat#:~:text=The%20Northern%20Territory%20Civil%20and,or%20other%20boards%20and%20tribunals.

Here is the law in Australia

Accepting payment without intending to supply

Under the Australian Consumer Law, businesses must not accept payment for products or services if:

  • they do not intend to supply them
  • they intend to supply materially different products or services
  • they know, or should have known, they would not be able to supply the products or services within the timeframe indicated or if no timeframe was provided, within a reasonable time.

This part of the law is not intended to cover businesses who genuinely try to meet supply agreements, for example, if:

  • the failure to supply was due to something beyond their control, including the act or omission by another person
  • they exercised due diligence and took reasonable precautions.

https://professional-secure.justanswer.com/chat/index/53b2f9d5e364436abed04d12bc3ef875

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback by rating my work 5 stars so I can be paid. Highlight the 5 stars at the top and click the submit button.

Thank you for using Justanswer and I look forward to assist in the future as required.

Regards
Leon

Customer
how do we make a claim?
Customer
Can you provide details on what steps we need to take to proceed with a claim?
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Leon, Expert

Here is the link on how to apply

https://nt.gov.au/law/courts-and-tribunals/northern-territory-civil-and-administrative-tribunal-ntcat/how-to-apply-to-ntcat

Customer
Does he have to do it through NT now that he lives there?
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Leon, Expert

He does it where the work took place

Customer
The initial work (done in Perth)or the repairs (done in NT)
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Leon, Expert

There may be an issue as the work is in perth

He can start in the NT and see if the mechainc tries to move them to perth

The laws are national not state.

He has nothing to lose starting in NT.

If the other party does not try and move the proceedings they stay in the NT

Customer
Ok thank you fir your help. He will start claim tonight.
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Leon, Expert

All the best and good luck

Please do not forget to leave positive feedback by rating my work 5 stars so I can be paid. Highlight the 5 stars at the top and click the submit button.

Thank you for using Justanswer and I look forward to assist in the future as required.

Regards
Leon

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