Expensive sounding noise - revisited

My dispute with Performance Motors - the RACQ depot at Moreeba - came to an end yesterday when the NAB informed me that Visa had rejected my claim. One of the main reasons given was that I had not allowed the repairer to rectify their faulty work! In fact they never made the offer to fix their shoddy work but it's my word against theirs and I have no written proof that he didn't offer to fix it.

For those who haven't been following the original thread - my Sprinter broke down with horrid noises in the diff due to lack of oil and Performance Motors knowingly fitted a diff with the wrong ratio. The result was that as soon as I drove out I realised that it was in Limp Home Mode but when I went back to complain they said it was nothing to do with them as they had only changed the diff. They charged me $7,400 for their sloppy work and the RACV took Yemmy down to Eric who took their diff out, repaired my old one and fitted it. All at a cost far below the exorbitant amount the Qld mob charged me. (If I'd had manual transmission they may have got away with it but not with an auto box.)

I'm seeking further legal advice as I feel there has to be some way that a repairer has to pay back the money charged for a repair that made it impossible to drive the vehicle!

Re ( it's my word against theirs and I have no written proof that he didn't offer to fix it.) When building our house and I had a discussion with the building supervisor I always sent an email summary to him at head office on our discussion, with the comment that was my understanding of the conversation. This helped when things were not done that were agreed on.

Dealing with service organisations its probably hard to do the same, am wondering where big dollars are concerned should you be recording the conversation for possible later review by a Credit Card Org.

I personally would not spend more money on a bad experience, just glad that Eric came to the rescue. To me you will not be fighting the repairer but their insurer as I think most/all repair shops are insured for workplace situations.

Peter

I too would fight this. The fact he let you take your old diff away implies he didn't offer to fix it.

What were the other reasons given?

Banks are difficult to deal with, they tend to get caught up go by technicalities. And this guy seems to know how to twist them to his will - probably through experience.

I think the sticking point here would be incompetence. They ordered a part, which according to Mercedes does not fit your vehicle, as it had an incompatible gear ratio. They lacked both the tools and skills to make it work, and there was no shop for 1000km that did have the correct tool.

Its no different than if they had ordered a OM647 engine to replace a blown one. It would physically fit, but it would require skills and tools well beyond them to actually make it run properly.

Hi Owner,
These are the reasons they gave:

The merchant alleges that they offered, and were willing provide further repair to rectify the issues in question but were not given the opportunity to do so as the customer chose to have further repairs done by a 3rd party repairer,
There is no written evidence to show the customer requested additional repair from merchant directly, prior to chargeback,
In accordance with VISA Card Scheme Rules the merchant is entitled an opportunity to repair the vehicle or provide the customer with acceptable resolution for any problems they may have with original repairs,
New (and old parts) remain in the possession on the customer and there have been no attempts to return said items prior to chargeback,

They did NOT offer to fix it - The RACV rang them to ask if they could fix it before transporting Yemmy down to Eric. They KNOWINGLY fitted the wrong diff. Both Eric and I said we would return their diff if the dispute was settled in my favour.

I'm waiting on replies from the Banking Ombudsman and the RACV Legal Department.

Not sure in your neck of the woods, but here in Commiefornia, a retainer, and subsequent hourly fee charged in 6-minute increments would certainly exceed the cost of the incompetent repair with dubious success.

If you can get RACV to back you up then it should get around that. Even on the surface of it, racv wouldnt just ship a van 1000s of km if it could be repaired in place.

Yes you would need to send back the old diff before getting the refund, Im not sure a promise of doing this is enough though. If you do send it back make sure it is a traced and signed for delivery.

Re (If you can get RACV to back you up then it should get around that. Even on the surface of it, racv wouldnt just ship a van 1000s of km if it could be repaired in place. )

Agree, Hopefully the will have a note on the reason for the move, after they made the call.

This long and annoying saga has come to an end.

I contacted QCAT and asked for a Tribunal hearing. Much paperwork later a Mediation session was organised at which Performance motors, myself and a lawyer/mediator were on a phone hookup. The Mediator tried to get us to agree on a solution and pointed out the possible expense if the case went to a QCAT hearing and I lost the case.

Performance motors offered $500 to settle the case and I replied that the amount was laughable and insulting but they wouldn't budge. I then said I would go to a Tribunal hearing and we concluded the session.

That evening after talking it over with my daughter I decided to take the $500 and try to forget the whole sorry episode. I'm 87 and didn't want the hassle of a hearing where I might not win and could be up for further expense.

The next day I contacted QCAT and told them of my decision. More paperwork and the money will arrive in my account shortly.

If anyone with a duel wheel Sprinter would like a replacement rear axle with a 4. something ratio Eric has one for sale - price negotiable (They charged me $5,000 for it!!!!!)

Glad it's come to an end, but sorry to hear the huge amount out of pocket you are.
But I think you are wise to end it there and get on with life rather than have this stress hanging over your head.
Safe travels.
Chris