Having a dispute with a panel beater

fredscool on 05/08/2013 - 18:16

Hi Fellow Ozbargainers,

I have a dispute with a panel beater in Burwood VIC. People call him Joshua but his real name is <MOD: Personal information removed>. It started when I got an accident with another car last year. The accident was my fault but at the time of accident I did not have any insurance. I know this panel beater for about 1 year from 3 of my friends who do not have any problem with him. All of them have car insurances. Therefore, I decided to come to his shop and asked him if he could help me fix the car that I hit. Long story short, the owner of that car agreed to have her car fixed at Joshua place without involving any insurance claim so I pay for the repair bills.

The car was then towed at Joshua shop to be repaired. He gave an estimate in hand writing (instead of formal quote on company letter head) on how much the repair would cost and he told me the transmission is damaged due to the accident. I did not believe him that it is broken as I think the impact is not that big. However, he successfully convinced me that transmission is broken. I was given a quote costs $4500 for a used VolgsWagen transmission which made me overwhelmed. He then asked me for some money so he could do some work on the car.

A few days after I gave him some money, He told me he have bought the transmission and replace the damaged one. As I still do not believe him that he fixed the transmission, I called the sales person who sells the part and found that Joshua has not purchased it yet. Then, I asked Joshua why the sales person told me you have not purchased it yet and you can not give me the invoice of the transmission not the quote. He gave me excuses like it was a cash transaction so there was no invoice. As I discovered that I was being ripped off instead of helped by Joshua, I asked the owner of the car to take her car from him.

Long story short, I and the owner of the car managed to get the car checked by VolksWagen dealer. The report says the gearbox control unit of the car was reprogrammed and no problem with the gearbox. The repair costs $0 as the car is still under warranty. I have paid the repair cost of the panel of the car and have no problem with the owner of the car.

I try to get information how to get some of my money back that I have paid him in total of $4800. I was told by Consumer Affair Victoria that I can apply for a Civil Dispute/Claim at Victoria Civil and Administrative Tribunal (VCAT). My case was finally heard on 25 July 2013 after waiting for about 10 months. I won the case as I have strong evidence that supports the fact that the transmission is not broken. The report is from VW dealer which is legitimate evidence. The tribunal ordered him to return $3,087.65 as he did some repair on the car. I received the decision in my letter box on 18 July. However, I have not received the payment yet although he should act according to decision in 2 weeks.

I know I was so stupid that I do not have a car insurance but I have learned the hard way that it is very important here in Australia at least a third party insurance. I was very vulnerable at that time as I live here alone at 21 years old. For other Ozbargainers who have a dispute with a company may also go to VCAT and apply for Civil Dispute to get your hard earned money back. For those who live around Burwood Victoria, 3125, I advise you not to go to this panel beater. Please advise your families and friends who live near that area.

I will pursue this matter to another tribunal or court if he does not return my money in near future.

<MOD: VCAT letter removed — containing personal information>

Regards,
Freddy

Automotive

Comments

  • Velocita on 05/08/2013 - 18:24

    Unfortunate to hear, but glad you now know how important insurance is. Don't be one of those people on the news where their house burns down and they've lost everything because they don't have house and contents insurance yeah?

  • Malathay on 05/08/2013 - 19:23

    I was insured when a car tried to make a U-turn in front of me. At the end of the day they wrote off my car and paid me marked value (less 10%). As I have spent a great deal on upgrading the vehicle (new motor, new brakes, new tyres, new windscreen, and rewiring) i am out of pocket around $4,500.
    So much for insurance.

    • wharlie on 05/08/2013 - 19:41
      +2

      Never heard of agreed value?

    • chickentaste on 05/08/2013 - 21:41
      +1

      I cannot for the life of me understand why you seem to think that it's the insurance company's fault that you chose to under-insure your car.

    • joshua77 on 06/04/2014 - 11:17

      Please read my post which is based on truth.

  • 29SSK on 06/08/2013 - 09:11

    Best place to detail your experience is www.womo.com
    This will help others make decisions based on your experience.

    • fredscool on 07/08/2013 - 14:52

      thank you for your recommendation.
      it is now available on WOMO.com.au too
      I hope nobody near Burwood gets ripped off by this panel beater.

  • Speckled Jim on 06/08/2013 - 22:11
    -2

    Freddy,

    I don't condone this guys dodgy behaviour at all, but if you want to understand the reasons behind it, I'll try to explain.

    In the last 20 or so years, insurance companies have increasingly embedded themselves in the automotive repair industry. It started with "MTA only" businesses, then lists of "preferred repairers" and more recently, repair businesses owned by insurance companies outright.

    In the case of small operators like Vahid/Joshua, their "bread & butter" work is insurance repairs. Some also get a fee by referring tow truck drivers. The problem for them is, because insurance companies are squeezing them so hard, it's become very challenging to remain in business, never mind profitable.
    I only worked as a panel beater for one summer, but I can tell you it's hard work with limited rewards.

    So when your private cash job came along, I bet this guy thought Jackpot! Sadly, I suspect it was borne out of a survival instinct rather than pure greed.

    The irony is, 20 years ago it was (hush-hush) quite the opposite, with -ahem- inflated quotes getting past the insurance assessors (who may or may not have been playing along).

    I'm glad the matter was found in your favour and hope you're paid soon.

    • tonyjzx on 07/08/2013 - 15:11

      thats no excuse for downright dishonesty

      if someone says, you need to pay for a gearbox and you dont need one and you never purchased one but heres the bill… what's that?

      • Speckled Jim on 07/08/2013 - 15:38

        It's $4500 in his pocket.

        They used to pull this sh!t on the insurance co's. But as I said, they've clamped down on it by various means.

        3 of my friends who do not have any problem with him. All of them have car insurances.

        So who's left? The walk-in customer without insurance.

        Enter the mind of the operator. See what car he drives. Follow him home and check out his digs.
        I'd wager he's just getting by and plays this game a few times a year.
        If he's in a McMansion and drives a 70K+ car, I'm mistaken.

        Either way it's cvntery.

        • fredscool on 07/08/2013 - 15:49

          I know most people are selfish in this world. Lucky that we have a good law that sets boundaries in every country. What he does is unethical and illegal.

          Anyway Burwood in Victoria is a suburb where rich people live. Deakin University where a lot of rich international students study is located here too. He owns a mercedes coupe worths around 50k i guess. I am sure that he owns 70k+ car at home.

        • Speckled Jim on 07/08/2013 - 19:26

          Just because his workshop is in Burwood, doesn't mean his house is too. Then again, driving a flashy Merc — excluding the C200 — might be enough of an indicator for this guy.

  • danb on 08/08/2013 - 20:29

    I thought 3rd party insurance is compulsory or is that just in NSW?

    • Speckled Jim on 08/08/2013 - 22:06

      Third-party property cover as opposed to (but in addition to) CTP greenslip.

  • treasure island on 05/10/2013 - 15:14

    my friend told me he relocated the shop to huntingdale, i don't remember the new shop name but the address is 1331 north road huntingdale, hope it will be help!

  • gguu on 01/11/2013 - 17:51

    Sorry to read this OP. That is a well known moron. Just ask panel beaters in the neighborhood, there are a few, they will tell you many horror stories. He moved to Burwood from Mitcham or somewhere around, seems to be his tactic moving from place to place and find new victims.

  • kt007 on 05/11/2013 - 16:19

    My advice is always take quotes on official company letter head as evidence because this road side repairers can change their mouth any time,

    • joshua77 on 06/04/2014 - 11:18

      Freddy did have our official quote.

  • joshua77 on 06/04/2014 - 11:02

    Hi every one.my name is Joshua. Freddy,was a referred customer to us by others.in past we have done many quality works for him and those whom he referred to us. freddy was involved in car accident when he did not have insurance.he told the owner of vw that he wants her car to be repaired in my shop.car was towed away from her house to my shop.after we assessed the car,we found out that transmission was damages as a result of direct impact.owner of VW was a young Asian lady who did not know anything about car.he asked me to promise her that all the parts I put in her car will be brand new.I put in my letter head am assurance of workmanship and parts.Price of transmission was $12000 which had to be put on especial order since car was new.I informed freddy and her.Freddy brought his own mobile mechanic to check the truth.he tested the car and gave him a written report.in a good will,I told freddy, before we order new part, it would be wise to get a sexond hand transmission. And fit it in.if,then problem goes away,then you pay for transmission, since VW Australia says that it would be a non refundable purchase.we got a second hand one in,replaced it and ask freddy to come over since we found out that car was as good as gold and I could assure owner's safety. Obviously there was fee to remove and refit and transmission oil.once he was 100% sure,he told me that he doesn't have money to pay for transmission ($12000) and he is gonna go back home ( another word,was gonna run Away). I called the owner and told her that what is going on.she sent a tow truck to take the car back to her house.I gave her the copy of all the tax invoices which I have purchased the parts for.she thanked me for the honesty and left.
    Then freddy called CLOES INSURANCE to get insurance for his car so insurance company can pay for her and his car.insurance company put PRIVATE INVESTIGATOR on him. I advised him of getting a legal advice as he could have been put behind the bars.
    If you have any questions, please feel free to ask.
    I have reported the matter to AUSTRALIAN FEDERAL POLICE AFP to investigate the matter and deport such scam bags to where they come from.

    • [Deactivated] on 06/04/2014 - 12:29

      I have reported the matter to AUSTRALIAN FEDERAL POLICE AFP to investigate the matter and deport such scam bags to where they come from.

      lol. AFP. lol

  • Speckled Jim on 08/04/2014 - 08:57

    Damn what happened to the funnies?
    You ruined it whatever your name is.

Login or Join to leave a comment
Login Join