Customer Story of a Bad Experience

Customer Story of a Bad Experience

The task i had to do is read the story i am going post and understand it and after the story i have to answer some questions regarding the story most to do with the law and stuff .


This is a true story.
The year was about 1958, in California, before there were strong consumer laws. Don Higgins owned a laundry and dry cleaning business, in which he used one of the new Volkswagen bus trade vans for his deliveries.

He would pick up dirty clothes from businesses (like restaurants and auto repair shops),clean them and deliver them back. He liked his Volkswagen van: it had lots of space to hang the clothes and it got good fuel economy. Up until recently, it had been very reliable. But lately the engine wasn’t running very well. The engine was regularly missing and had low power.So in the morning, Don took his van to his local auto repair shop. He told them it needed fixing, maybe just a tune up, and he got a ride back to his cleaning business. Then in mid-afternoon, he went back to pick up his van. To his surprise, the van wasn’t ready. If fact, the repair shop owner showed Don the engine that was now out of the van. The exhaust valve for number 3 cylinder was burnt, causing the poor running engine and lack of power. The shop owner said he could have the engine fixed and back in the van in 3 or 4 days. And the bill would be about $400.00. (In 1958, this was a lot of money. Don’s monthly mortgage on his house was only about $120.00 per month.) Don was very upset. He was so upset that I (Steve McAfee) heard about this as the little boy who lived next door to Don.

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 was upset because he thought his van just need tune up and it's not a big problem that should be quickly to done,he doesn't konw that a big problem, to fixed that would take long time and mush money, also Don needed the van for his business, and the repair shop should told Don what's the problem befor they showed the engine out of the van.

2. From the repair shop owner’s point of view, what was wrong with Don getting upset at them? What did they do right or wrong?

From the repair shop point of view Don didn’t know fixed the van would take long time and the rapair shop have told him that its going to take long if him wanted to get it fixed maybe ask him before he was going to the job,also maybe that need much money to do it.

3. What should have been done in this circumstance? If you were Don, what would you have wanted to be done?

If i was don i would took the van to the repair shop and told them what problem withe my van, how is it looks like and would asked to take it for a drive and see what the problem could be and once you find the problem how much would be cost and how long is going to take because i business need the van, it's very important for me.

4.When the repair was finished, and Don went to pick up 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?
I am not sure is that legitimate or not but i would assume the repair shop could have hold on to the van until him paid the full amount of bill.

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 lostbusiness because he could not pick up and deliver clothes to his customers?

Ok if was the judge back then i would say both of the parties were wrong because what Don told the repair man was fix it up or it needs a tune up so the repair man thought i would just fix it up whatever it need but he should have also confirmed it with Don because it was a big so i think Don should pay all for the repair and the repair have to pay for his business because both of them all made mistake, and both of them have take their responsibility.

6. What New Zealand laws relate to this story? What do New Zealand laws say should have been done in this case?

Perhaps the strongest force behind consumerism is the consumer legislation, which governs so many aspects of the buyer/seller relationship. The current legislation has gone a long way to improving both the rights of the consumer, as well as the rights of the seller.

The Disputes Tribunal

The Disputes Tribunal is a place where people bring disputes before a trained referee and try to reach

Agreement

How the Disputes Tribunal Operates

The two parties are given an opportunity to discuss the issues disputed and reach an agreement.

If they reach agreement, the referee will check what is fair to both parties and make the agreement the

tribunal’s decision.

If they cannot reach agreement, the referee thinks about what is fair for both parties, considers the evidence

and makes a decision, which is legally binding, on all parties.

In each case the referee must consider the:

• Laws relevant to the case

• Evidence which has been presented

• Merits and justice of the case

What you can Claim

• Money up to $3,000 or with agreement between both parties $5,000

• That you don’t have to pay money

• The return of property

• That work be done

• Consequential loss or the indirect loss you suffered as a result of someone else’s actions.

Consumer Advice Service

This service is offered free and can give information and help when consumers have problems with:

• Goods they have bought, i.e.,

- Cars or car parts

- Household goods

- Clothes

• Services they have paid for, i.e.,

- Trade services - plumbing/servicing

- Financial services - hire purchase/loans

- Professional services - lawyers, dentists

- Other services - travel booking, electricity