Like to know my rights. Victoria. I am proud owner of a classic porche and i had an engine rebuild by a porsche

Expert's Assistant chat
Customer: hi like to know my rights
JA: What state/territory are you in? It matters because laws vary by location.
Customer: victoria
JA: What steps have you taken so far?
Customer: i am proud owner of a classic porche and i had an engine rebuild by a porsche specialist.... proir to picking up the car he alerted me that the engine had low oil pressure and he was to pull the enine out and strip it to determine the cause .... he then re assembled and assured me it was now fixed tho i still was not convinced he had solved the problem as it still had low oil pressure not quite the spec as specified by porsche ...he called me to tell me it was ready to pick the car up ... when i arrived and drove the car onto a trailer it sounded noisy and i told him about the noise and he told me it was the tappets and would be adjusted on the first service .... when i left and got home i noticed a letter he had placed on the dashboard starting he did not want anything to do with the car once i had left his workshop... i tried calling him to discuss but he would not answer my calls ... my next step was to get the engine investigated by another mechanic once we got out of lockdown .... the new mechanic had adjusted the tappets incase they may have been loose but this was not the case .... so i contacted vacc as he is a member and spoke to the department that handles situations like these ... he contacted him... and i was told to ring him to discuss the matter he agreed to meet with the new mechanic at the workshop where the car is now .... they determined it maybe the ignition distributor so it was sent out to the place where i had it overhualed 8000km ago it come back all clear and not the problem put back into the car and the noise appears to be the same as before no change ... he was notified by the mechanic and further investigation was required they both spoke to resolve the issue and only today come across the problem that the internal gear that drives the distributor was damaged causing the noise ... he was notified this morning and i have not heard from him .... so i rang the vacc to let them know what the cause is for the noise ... but the oil prussre is still another problem ... so the only way to fix the noise and low oil pressure is to pull the engine out and tear it down ..... this has already cost me $$ to investigate ... and the rectification will be expensive .... in our conversation i have suggested he notify his insurance to cover the cost .... yet to hear back from him.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i hope i have explained everything
Answered by John Melis in 5 mins 2 years ago
John Melis
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

John Melis
78922 Satisfied customers
10+ years of experience
John Melis
10+ years of experience

78922 Satisfied customers




31,131 Satisfied customers

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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. I’m so glad you contacted us about your situation. I will give you a direction to consider moving forward. I know you’ve spent a lot of time on this already. Your patience here has been so important. If I understand you correctly I suggest the following:

​There are three steps you may take with this vital matter.

1. issue a formal complaint in writing to the other party, and if they refuse to respond, then follow step two;

2. Where the company has declined to assist you, the next step is to write s formal complaint to the ombudsman, but this can be a lengthy process. If you are not able to wait out the time, you can follow step 3.

3. You will have a claim under the Australian Consumer Law based on the facts that you have described, and you will be able to claim compensation. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2.

The other party warrants that goods or service are acceptable for their use/service.

Goods must be of acceptable quality, fit for purpose, match their description and match any sample or model.

Services must be rendered with due care and skill, must be fit for the specified purpose, and provided within a reasonable time.

The other party has several options they can provide, which include either repair, replace, refund, compensate, or cancel the entire contract and refund at their discretion.

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

​The Victorian Civil Administrative Tribunal “VCAT” is perfect for meditating disputes. It forces the parties to come together to discuss the issues involved.

In most cases at mediation, the matter will settle.

Your case is civil.

You will be the applicant. The other party is the respondent.

The document you file in the tribunal is the points of claim. This correspondence needs careful preparation. I recommend you download the application first and complete the same. Then upload as required to commence the lawsuit.

Draft the complaint in a chronological order detailing the issue and what action you have taken to try and rectify the matter.

The alternative is to apply to the local court. In court, you may recover your legal fees.

The following link will assist you further:

You may also consider the option of using the small business commissioner as well.

There are various help menus on the website that will assist you in finalising the application.

Make sure you have all your evidence for the case.

Once you lodge your application, you will receive notice from the tribunal with the next steps to follow.

I know it isn't easy to deal with issues like this, but you're handling it so well.

I can hear your concern and your voice, and if you follow the steps I've suggested above, it will give you a direction to go.

I know you have a lot of choices, and there are various ways to move forward.

If there is anything else, big or small, that I can help you with today, please let me know?

I am so glad you contacted us, and I thank you for reaching out today.

Don't forget to accept the answer and click five stars in support of the community.

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