1.From Don's point of view,what was wrong here?What did the shop do wrong that upset Don so much.(After all,they were fixing his van.)
Don took his van to his local auto repair in good faith.
Don knew he would be looked after because he is a regular customer there.
From Don's point of view the auto shop was charging him too much.
2.From the repair shop owner's point of view,what was wrong with getting upset at them?What did they do right or wrong?
The auto shop owner told Don what the problem was.And how much it would cost Don to fix the van.It was a big repair job.That's why the charge was quite high.He was charging Don for the parts and the amount of work required.Don wasn't expecting anything major to be wrong with the van.But if the problem was big,then that's not the auto shop owner's fault.
3.What should have been done in this circumstance?If you were Don,what would you have done?
Don didn't expect a big repair.And the auto shop should have contacted Don before they opened the engine and explained to him the problem.That way Don would most probably have a rough idea that the repair job was quite big.And he was looking at a big bill for the repair
4.When the repair was finished,and Don went to pick his van,he took the van and did not pay the whole repair bill.Did the repair shop have the right to hold the van until they got paid?
Yes.That could have held on to the van till the full repair cost was paid.This is because the auto repair guy did tell him the cost to fix the van before he fixed the van.
The repair cost was most probably too high.Maybe that's the reason they didn't say anything about the full payment.
There is Consumer Guarantees Act to protect consumers from such incidents.
*What are your rights if the garage charges you hundreds of dollars more than it said it would, and then won't give your car back unless you pay?
What is a repairer's lien?
A repairer's lien is a legal right for repairers to hold goods (such as motor vehicles) until they have been paid for work they have done on them. The right is "possessory". That is, it depends on the repairer having possession of the goods.
So the garage is entitled to hang on to the car?
No. Provided you offer to pay the price you were originally quoted, the garage is not entitled to hold your car. It can only apply a lien if it can justify the price it is demanding. But a quote is binding, so you cannot be asked to pay more.
In fact, if you offer to pay the price originally quoted and the repairer continues to hold your car hostage, it may be liable to pay you "damages in conversion and detinue". This applies where goods are intentionally held even though someone else is entitled to them.
But what if the garage simply refuses to release my car?
If this is the case, and you have the money, pay the full amount owing. But tell the retailer, preferably in writing, that you are doing so "without prejudice". This means you reserve any legal right you may have to seek damages or compensation, even though you have agreed to pay. You can then claim compensation in a Disputes Tribunal.
It is worth negotiating. The garage might release the car if you pay the original quoted amount, and agree to take the case to a Disputes Tribunal. If the garage accepts this, its right to possession ends. It can not legally take back your car, even if you do not pay the balance the garage believes is owing.
What if the garage gave me an estimate?
An estimate is not binding in the same way as a quote, but still should be a reasonable indication of the price for the work. We suggest you adopt the same approach, offering to pay what you consider justified and taking the matter to a Disputes Tribunal if necessary.
What if I simply leave the car with the garage and refuse to pay?
After two months, if the car has still not been collected and the work paid for, the Wages Protection and Contractors' Liens Act Repeal Act entitles the garage to sell the goods at auction to recover its costs. However, before selling the car, the garage must:
Give you one week's notice in writing (if they know your address).
Advertise its intention to sell the car in the local newspaper (regardless of whether it knows your address).
The advertisement must include:
The name of the garage (as the company to which the money is owed).
The amount of the debt.
A description of your car.
The time and place of the sale.
The name of the auctioneer.
If the car is sold at auction the garage must use the proceeds of the sale to pay:
The cost of advertising.
The cost of selling the car.
The amount of the debt.
If any money is left over, it must be paid to the Registrar of the District Court nearest to the place of the sale, where it will be held for your benefit.
Dry cleaners, jewellers and others who often hold unclaimed goods must obey the same rules, although we are aware that many don't.
5.If Don took the repair shop to court,what would you have ruled if you were the judge?Should the repair shop pay for a replacement rental vehicle?
Should Don pay the whole repair bill?Should the repair shop pay Don for lost business because he could not pick up and deliver clothed to his customers?
The auto repair guy did tell Don the cost of the fix.
And he did tell Don the estimated time it would take to fix.
And the van was ready within the time frame given.And Don didn't ask for a replacement vehicle.
I would rule that the auto repair guy was charging too much.And would reduce the repair cost.
But no extra for the lost business that Don would have had.
6.What New Zealand Laws relate to this story?What do New Zealand Laws say should be done in this case?
If you have been charged more then the market price for goods or services,and you did not agree to the cost,you can get other quotes and get your money back.
This can be done through the Disputes Tribunal.
Also can get the money back through the Fair Trading Act,and the Consumer Guarantees Act
