I believe this is against the Consumer Protection Act.
http://www.e-laws.gov.on.ca/html/sta...c30_e.htm#BK71Authorization required
58. (1) No repairer shall charge for any work or repairs unless the consumer authorizes the work or repairs. 2002, c. 30, Sched. A, s. 58 (1).
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Feb 9th, 2009 04:25 AM #1
What do you do when the mechanic gives you a huge bill?
A friend of mine took his car in for a regular maintenance. Apparently, his car was diagnosed with several risks of big problems. Without asking the owner for approval, they went ahead and replaced these parts and gave him a huge bill when he tried to pick it up.
What would you do?
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Feb 9th, 2009 05:29 AM #2
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Feb 9th, 2009 05:30 AM #3
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Feb 9th, 2009 05:53 AM #4
You can take action but, it will be your word against his and any Judge will just throw it out. As for the e-law, well, again, your word, his word. In the meantime you have no vehicle became the shop will not release it until the bill is paid.
Lets be realistic. Your only recourse is to pay the bill and then try to recover some money. The shop will not remove the new parts and reinstall the old. It just won't happen.
I am afraid your freind is in a bad situation. No pay, no car, no matter what.Last edited by Pete_Coach; Feb 9th, 2009 at 06:12 AM.
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Feb 9th, 2009 06:06 AM #5
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Feb 9th, 2009 06:38 AM #6
Against the BC "Business Practices and Consumer Protection Act":
http://www.bclaws.ca/Recon/document/....xml#section13
Unsolicited goods or services
12 (1) A consumer has no legal obligation in respect of unsolicited goods or services unless and until the consumer expressly acknowledges to the supplier in writing his or her intention to accept the goods or services
Call BPCPA and complain:
http://www.bpcpa.ca/index.php?option...119&Itemid=951
Inquiries and Complaints
For general consumer and business information and complaints regarding a consumer issue in BC, please leave a message on our toll free inquiry line and your call will be returned as soon as possible.
Phone: 604 320-1667
Toll Free: 1 888 564-9963
Fax: 250 920-7181
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Feb 9th, 2009 07:31 AM #7
I take my car to dealer for services. They always let me know what need to be done and how much the cost is then ask me to sign the paper before doing any work. I think OP should have the right to refuse to pay.
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Feb 9th, 2009 09:24 AM #8
If they claim they called you at work, ask for the call log for the day they said they called, if the call isn't there then they lied.
This is assuming they don't have written approval_______________
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Feb 9th, 2009 10:57 AM #9
All well and good. Go get a lawyer. Pay his retainer. Get him to send letters. Wait for response. No response? Send another letter. No satisfaction? Set a court date. Wait until the the trial. Argue, your word against the shop owner. Wait for ruling. Pay the lawyer a truckload of money. In the meantime, you are without a car because he does not have to release the car till you pay.
Lets be practical and real. If you want to go the route of BC Laws and BCPA after you get the car, all of the above is still the same and, but will have still to pay for the car to get it out of hock.
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Feb 9th, 2009 01:15 PM #10
This is what I would do
Have a chat with them about the things that they did, why they really needed to do them and
- if I felt VERY comfortable with what they did they I would pay it.
- If I didn't feel comfortable I would ask them how they want to solve this. I would offer to pay what I agreed was reasonable and not go any higher ... then just take my car back using my spare key.
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Feb 9th, 2009 03:12 PM #11
What that shop allegedly did does not fit within the law I believe. If they really did that, your friend should not have to pay anything.
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Feb 9th, 2009 03:21 PM #12Deal Addict
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Thanks for your help guys. I've asked my friend to read this forum and he should be taking appropriate actions as you guys have mentioned.
The car is still at the mechanics. They are strongly insisting that they won't give him back the key until the full payment is made. He DOES have a spare key but he's afraid that he might get in to a big mess.
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Feb 9th, 2009 03:21 PM #13
Call the police????
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Feb 9th, 2009 03:37 PM #14
If the shop is shady enough to go ahead and do repairs without even telling you there was an issue, I would question if they needed to be done at all. Tell the shop you want to keep the old parts and want to see invoices for all the new parts. You still own the old parts whatever he says. You can hire a professional appraiser to look at your car & old parts to determine the value and necessity of repairs. That will run you about $150 though, less if you bring the parts to them. They can also review bills to determine if the labour charges are reasonable.
I would say this is debatable. He could try to put a lien on your vehicle that will not allow you to get your car back. But ultimately the shop has broken the law by performing repairs without your authorization. Likely the lien wouldn't hold up. I'd think the onus would fall on the repair shop to prove they had authorization.
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Feb 9th, 2009 04:34 PM #15
Again, he has the car, with the shop's parts on it. The parts belong to the shop till they are paid for. The shop can keep the car because they have control of it. There could come a time that the shop may return the car, devoid of the parts they installed. This would be as bad for the owner as just paying the guy because he now has to have it towed away and find someone else to put it together.
Having said all that, as someone else has stated, there should be an attempt to come to some sort of understanding.
My Dad, when I was apprenticing, had a situation where the customer could not pay. He kept the car. Eventually, after his lawyer got involved and letters were sent to the owner, my Dad sold the car, kept the money for repairs, some for storage and a selling commission and gave the remainder to the customer. All above board, all legal and in Vancouver.
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