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HomeMy WebLinkAboutThe Citizen, 1988-05-18, Page 24PAGE 22. THE CITIZEN, WEDNESDAY, MAY 18, 1988. Horsepower ’88 What to do if you feel stung by a garage bill What remedies do you have if your auto mechanic has not done what you have asked him to or maybe overcharged you? The Business Practices Act provides you with some way of getting satisfaction if your situa­ tion fits within the definitions of the act. In order for you to fall within the protections of this law you must be a consumer, not a business. If you are in the business of buying cars and having them reconditioned, you would not be considered a consumerfor the purpose of the act. (There are other common law remedies that can be used by the business person, such as laws governing contracts). One thing you can do to help your cause before anything is done in the shop is to write a note or fill in a garage work order and have the mechanic or service manager check it over. In legal-speak, a "representa­ tion, statement, offer, request or proposal" must have been made by the repairer for supplying goods or services or both to you or with the purpose of receiving considera­ tion, i.e., paying the bill, for providing these goods or services or both. Once you have determined that a "consumer representation" has been made, which means that you feel you’ve got a case, the next question to ask is whether there has been an unfair practice or an "unconscionable consumer repre­ sentation.” Some examples of unfair prac­ tices include: "a representation thata service, part, replacement or repair is needed, if it is not” or “a representation that a specific price advantage exists, if it does not”. An example of the former is asking for the brakes to be repaired and getting the muffler fixed when you’ve already had a new muffler recently. Of the latter, an example would be getting told you’re getting a bargain price when in reality you’re paying more. An "unconscionable consumer representation” would be when a person represents or knows that a price is higher than the price one could normally obtain for similar goods or services. There are a number of other situations that are considered unfair practices and unconscionable consumer transac­ tions, which can be found in Section 2 of the Business Practices Act. What is your next move if you fit the situations described in the act? You could write a letter to the mechanic, which is covered under Section 4 of the legislation and that allows you to cancel the agreement within six months of entering into the pact. This letter must be delivered personally or by regis­ tered mail. When you cancel the agree­ ment, you return the goods and get your money back. If it is not possible to rescind the contract, the consumer would usually be entitled to * ‘recover the amount by which the amound paid under the agreement exceeds the fair value of the goods or services received under the agreement or damages, or both.” If you are not successful with your letter to the mechanic, your next step would be to contact the Consumer Services Bureau of the Ministry of Consumer and Com­ mercial Relations (see phone number below) to lodge your complaint. Ministry officials will contact the repairer and tell him that there has been a complaint and they will try to remedy the situation on your behalf. There are consum­ er services officers that will try and mediate the dispute, if possible. Where there have been a number of complaints about a particular repair shop, the director under the Business Practices Act may launch an investigation. The act provides for fines of up to $25,000 for a corporation and up to $2,000 or to imprisonment of not more than one year, or both, for a person. Taking the mechanic to court would be an alternative in Metro­ politan Toronto, and you may launch a Small Claims Court action. The limit claim is $1,000. If your claim does not fall within these limits, you will be required to take your case to a higher court. The one key concern to keep in mind is this kind of situation is that if the mechanic still has possession of your car, and three months has passed, he might take advantage of the Mechanic’s Lien Act and sell the vehicle. Speed is therefore essential in deciding which ap­ proach you should take. If you wish to contact the Consumers Services Bureau in Toronto, they are located at555 Yonge St., phone 963-0321. YOU’LL LOVE THESE USED CAR & TRUCK VALUES “TESTDRIVE ONE TODAY” Procedure for choosing mechanic With the cost of car repairs climbing, here are some tips from Friendly Exchange magazine on dealing with a mechanic. Read the owner’s manual and avoid costly repairs by following the manufacturer’s maintenance schedule. Just because a car-repair shop is around the corner doesn’t make it a good one. A few phone calls may turn up lower estimates. Look around. If theworking shop area is tidy, it can be a sign of pride among the workers. Check the reputation. Call sour­ ces such as the Better Business Bureau. Ask friends or business associates about the shop’s reputa­ tion. Ask questions. Ask for details about what’s wrong with the car and how it affects other parts. Get a written estimate. Read documents that need to be signed. When signing the worker order, make sure it is specific enough to cover what has been discussed with the mechanic. Ask to be called before the shop starts work not covered by the order. We Specialize in Collision and Refinishing Classic & Antique Car Repairs Bus. 887-6833 BRUSSELS’ Res. B87-9216 Ontario 1987 PONTIAC 6000 LE 4 door, two tone blue, power doors, power windows, tilt steer­ ing, delay wiper, cruise control. 1986 LUXURY OLDSMOBILE 98 4 door, loaded with all power options, full vinyl roof, finished in dark grey. 1986 PLYMOUTH CARAVELLE 4 door, air cond., delay wipers, AM/FM stereo, finished in light grey with wine interior. 1986 "Economy Plus" PLYMOUTH HORIZON 4 door, black, red luxury interior, automatic, AM/FM stereo, 27,000 km. 1986 PLYMOUTH RELIANT STATION WAGON for the young family, 4 cyl., automatic, power steering, pow­ er brakes, tinted glass finished in rustic gold. 1986 CHRYSLER LeBARON 4 door, 4 cyl., auto., air, tilt, cruise, power windows, power doors, cassette, finished in It. brown. |P/t/mou/51 Dodge Trucks CHRYSLER Huron County's Foremost Car & Truck Dealer 1985 OLDSMOBILE CIERRA 4 door, loaded, including power moon roof, 6 cyl., buckets, console, finished in jade green. 1985 OLDSMOBILE CUTLASS SUPREME — BROUGHAM 4 door, dark blue, 6 cyl., with all the power options. 1984 PLYMOUTH RELIANT STATION WAGON air cond., automatic power steer­ ing, AM/FM radio, power brakes finished in gold. 1982 OLDSMOBILE CUTLASS BROUGHAM 4 door, dark wine, all the power conveniences. 1981 OLDSMOBILE CUTLASS BROUGHAM 4 door, green, small eight cylinder, loaded. 1981 BUICK SKYLARK 2 door, red, sunroof, automatic, p.s., p.b., AM/FM radio. 1981 CHEVY CITATION 2 door, 4 speed, It blue. 1981 PONTIAC PHEONIX 4 door, two tone blue, automatic, p.s., p.b. 1984 PLYMOUTH RELIANT 4door, power steering, automatic power brakes, one owner, beige in colour. 1983 PLYMOUTH RELIANT Light blue, 2 door, AM/FM, power steering, power brakes, low km. 1980 PONTIAC PHEONIX 6cyl., 4door, blue, auto., p.s., p.b. 1980 DODGE ASPEN Slant, 6, automatic, p.s., p.b., 4 door, dark blue 1980 PONTIAC CATALINA 4 door, dark maroon, air cond., 305, V-8. SAVE ON THESE USED DODGE & PLYMOUTH CARAVANS VOYAGERS & MAGICWAGONS 1987 4cyl.,automatic,aircond., cruise control, two tone blue, running boards. 1986 4cyl.,auto., silver, air, tilt, cruise control, power door locks. 1986 4 cyl., auto., air, roof rack, dark maroon > North End of Brussels MOTORS J 887-6173