What recourse do you have?

[chopaweeza]

Oi all,

Here's the situation.

I'm building a bike for a customer of mine from the ACT . He bought a wheel for the build from Joe's Wreckers in Canberra and paid them to over night it. When the wheel failled to arrive he contacted Joe's and was repeatedly told that it had been overnighted and the freight company must still have it/nicked it. Several days after it was supposed to arrive I got involved as the build is effectively stopped without the wheel . I called Joe's and spoke to several people who all swore blind that it had already been sent by the freight company but they could not provide me with a Con Note number . I called the freight company , spoke to the right person and found that they had no pick ups from Joe's this week and nothing going to my suburb in Sydney. After more calls it turned out that Joe's are a pack of lying cunts who still hadn't sent it and when it arrives next week it will be 4-5 days late meaning that I can't work on the bike over the weekend.

Now here's the question- Does my customer have any legal recourse in asking for a refund on either the shipping or a part refund on the wheel? And we are referring to legal recourse here not like what I normally do.

[JRW]

If he gets the wheel it would be difficult, unless he has some sort of contract saying when they would send it and how long it would take to get there.... if he doesnt, well then he is obviously entitled to a refund.

[fimpBIKES]

im sorry, but "joes wreckers"??

sounds like some dude with a backyard full of bike bits!



if there was some kind of contract couldnt u sue him for damages (as in lost hours?)

if not, there is always arson :D

[Weaselman]

Yeah if you were charging an hourly rate for the labour and were told the part was coming and then were forced to chase it YOURSELF you have a right to sue for the money incurred at the hourly labour rate (Or storage fee) that racked up while they were lying to you.

You have have enough people and evidence that they had conducted busness in a dishonest manner but if the coustomer hasnt incurred additional cost because of the part being late there isnt much you can do aside from registering a complaint with the department of fair trading.

[pt]

well what i would do is tell them to get fucked and give me a refund for my o/night freight. but really in all honesty i would just tell them to keep their wheel and shove it sideways up their arse. there always bound to be another one somewhere:) but it may be too late for that:(

i don't think there is any legal way of doing things unless theres a peice of paper with his signature saying what was supposed to be done and when:(

[appo]

heres what to do.....
get a louisville slugger..... go down there...
smack the cunts teeth through the back of his head!


http://www.streetfighters.com.au/forum/upload/47346694711455.JPG

[GaNDaLF]

Just be careful what you say about them as they can take you to court for slander, if you have no proof or contract. Remember we live in the United states of Australia and people like to sue for fucken nothing I would just take a couple of days cool down and never deal wid the pricks again.... just my 2cents....

[appo]

and then smash em'

[sharky]

I think its been said before but maybe we should have a blacklist in the members area of who to avoid ??

[Gix11]

Joe's Wrecker's were actually recommended by an ACT member and are listed in the links on this website. This causes an interesting problem. Can anyone else vouch for them or shall I just remove them in case anyone else is stung?

[zaraloc]

A blacklist, thats a fantastic idea.

[appo]

shouldnt blacklist em... just leave it up to the individual whether they shop there or not.
everyone one has problems at sometime... somewhere!!
im sure someone will need to buy from them in the future!!

[chopaweeza]

Apparently Joe's Wreckers is the largest bike wrecker in the ACT. Generally I'm very disgusted by their behaviour , their less than honest responses and the fact that it took me trying to make a claim with the freight company to get the truth out of them. I took 2 weeks off my regular job to get the bulk of the bike built and now I'm sitting on my hands & the weathers too lousy to go fishing. The responses that I got from Joe's staff alone which treated me like a whinger would mean that I would never send business their way again. The customer is upset to say the least , the freight company are pissed at being accused by Joe's of loosing it and I'm not impressed either. But the question I asked has been answered. I've recommended the customer ask them for a refund on the overnight delivery but if the way they spoke to me on the phone is anything to go by I don't like his luck. Failing that Fair Trading should be the next point of call.

Thank you all for the input.

[Learnatic]

Legally it would probably cost more than its worth to take them to court but maybe an official looking letter or threat of action from Fair Trading will encourage them to at least give some of the money back.Some kind of blacklist would be a good idea as we all get burned from time to time.Wont get your money back but may save another member.Si would probably have to put a disclaimer at the start to say its only peoples personal opinions and not the ASF to avoid getting sued.I'm currently fighting with Brians Auto Centre at Miami for some dodgy work on my ex mother in laws car.I certainly wouldnt use them again.

[fimpBIKES]

i'd definitely report them to the department of fair trading

and tell as many people as you can about how shit their service was
thats DEFINITELY blacklist-worthy if ya ask me

[GaNDaLF]

ok so why not include a thing like egay, have a feed back rating system at least we will know if anyone else has been jibbed by any companies, that would enable us to list good and bad places to deal wid ........ just a thought

[chopaweeza]

Thanks for the input people. Unfortunately for Joe's , my customer is well known in Canberra biking circles and word spreads . Whether or not he lodges with Fair Trading or not is up to him but it's a lesson hard learned on dealing with suppliers. But, Appo , I did ask for LEGAL ways to get at them and not something out of a video game .There are better ways to hurt a business than violence or threats of violence and this is why I posed the question in order to get a better understanding of those ways.

[fimpBIKES]

yeah, i still think dipshits who run businesses dont realise how much we all chat to each other

plus a lot of guys have to scrape every cent they can away from there missus' (SUCKED IN BIOTCHES!!! [:P])
so they tend to be careful with where they spend it!