K-MART TYRE & AUTO bend prop shaft, wont pay up

[one chance]

I have had just gone to K-Mart Trye and Auto Morafield QLD, to have two tired skins replaced, to save ten bucks ( I should have stuck with Bob Jane)

I come back to get my car, I see my car on the hoist still, with their jacking gear under the rear of the car; Then I walk in to have a closer look, the lifting gear had no accomadation for the propshaft, ( no space in the middle) the propshaft was holding the whole car up.

I spoke to this bloke said to him whats the idea you will bend the shaft like that.
His reply was Oh it wont bend the shaft. It did bend the shaft!

I drive my car home, their is a definte vibration coming from the rear.
I call over a decent mechanic, he put the car up on jacks started the car placed it in drive.
Yep the shaft is bent wobbling its head off, he stopped the car climbed underneath, and said yep K-Mart Had bent the shaft, it had left a definite witness mark on the shaft,

( which is now a rusted line approximatly 30mm long)

Prop shafts Do not rust, cold drawn steel and their coated.

I then tried to remove the left hand rear wheel (MAG) they had put the locking nut in without the spacer and stripped the thread.

I called K-Mart, a Russell answered and sent over his so-called mechanic?, and the bloke who did the damage.

I already had the car on stands, wheels off.

This bloke steve kept his sunglasses on the whole time, so I gave him some light via 2 1000watt lights, so he could see better wearing his sun glasses,
then he acted like he could see nothing till I pinted it out then he carrys on knowing of the balance stripes on the shaft going is this it, I started the car up he took video with his phone, then said Oh I better get russel to have a look that was today,

Rolled in, they put it up on a proper hoist, yet lifted it on the front by the gearbox mounting support brakets.

Russell went underneath and said I dont see anything I then showed him the witness mark on the shaft and he said Oh its not bent, He did not start the car or place it in drive.
treated me like I knew nothing.

This mob had also removed the pad on the lifting gear, that was firmly against the propeller shaft.

Then this Russell said Oh the lug bolt was too long,

My reply, the only reason the lug nut was too long was because your bloke forgot to put the spacer on the thing,

I have to now pay to sue Pay TO get the repairs done these K-Mart people who dont know a ring spanner from an open end spanner.
Have the shaft removed straigtened and balanced buy two new uni's and have it fitted.
ALL THANKS TO THE NEGLIGENT HANDLING OF MY CAR FROM K-MART TYRE & AUTO MORAYFIELD QUEENSLAND
They will not pay for the damage they had done either.

[svo347]

Ouch.....

[Des]

Sorry to hear about your car mate, that's really ИИИИed!

[fiery]

one_chance
that really is bad but don't let it go at that..
You say you got a 'decent' mechanic to look at it, get him to write a report, contact the head office and stay calm but really firm. Tell them that you are very happy to involve media attention, but call their bluff, state that the phone call is being recorded as proof of the conversation.
But be smart, only state that at the end of the conversation.

Don't get any repairs done until you have contacted head office.

Good luck mate...
Kerri



*mental note, don't go to Kmart @ Morayfield.....

[4.9 EF Futura]

Originally Posted by fiery

state that the phone call is being recorded as proof of the conversation.

That's not really legal... tape it but then write up a transcript of the conversation. You're not allowed to record conversations and use that against someone... unless you get their permission to do so...

But transcribing a conversation is fine

Sounds like you've got a good case against them one chance. Good luck.

[Martyvan]

Originally Posted by 4.9 EF Futura

That's not really legal... tape it but then write up a transcript of the conversation. You're not allowed to record conversations and use that against someone... unless you get their permission to do so...

Believe its ok, as long as your OWN Voice is ALSO on the recording. If you are just recording someone else, its not ok.

[GreenMachine]

Originally Posted by 4.9 EF Futura

That's not really legal... tape it but then write up a transcript of the conversation. You're not allowed to record conversations and use that against someone... unless you get their permission to do so...

But transcribing a conversation is fine

Sounds like you've got a good case against them one chance. Good luck.

In QLD, only one party to a conversation needs to know that it is being recorded. That party is you, the person recording. Perfectly legal and perfectly admissable.

[Pedro]

Originally Posted by fiery

one_chance
that really is bad but don't let it go at that..
You say you got a 'decent' mechanic to look at it, get him to write a report, contact the head office and stay calm but really firm. Tell them that you are very happy to involve media attention, but call their bluff, state that the phone call is being recorded as proof of the conversation.
But be smart, only state that at the end of the conversation.
Don't get any repairs done until you have contacted head office.
Good luck mate... Kerri

Good advice Kerri ... except I think the law is you have to tell someone you're recording a conversation in the first instance.
If your "decent mechanic" is not inclined to write a report, take your car to an RACQ inspection. As a matter of fact if you are a member you can also get free legal advice.

[fiery]

Originally Posted by Pedro

Good advice Kerri ... except I think the law is you have to tell someone you're recording a conversation in the first instance.
If your "decent mechanic" is not inclined to write a report, take your car to an RACQ inspection. As a matter of fact if you are a member you can also get free legal advice.

Don't quote me but I am sure as long as one person involved in the conversation is aware that the conversation is being recorded then that conversation can be used.
It is easily checked out mind you, just a matter of looking at legislation, but I can't be bothered doing that at the moment. lol sorry

[MNM96]

Originally Posted by fiery

state that the phone call is being recorded as proof of the conversation.
But be smart, only state that at the end of the conversation.

That is illegal!

[fiery]

decided to leave it alone.. cant be bothered re-explaining

apparently that^^^ didn't make sense, I deleted what I originally wrote then changed my mind because of the reason I stated above (but it didn't show it as edited)....

[Penelope Pitstop]

Originally Posted by MNM96

That is illegal!

Actually Mike it is perfectly legal - I have had the head of the CMC tape my phone conversation without telling me until the end of the call. When I said to him that it was illegal to tape me without my knowledge he laughed and assured me that it was perfectly legal.

Read the Invasion of Privacy Act 1971 Part 4 Section 45.

[LTDHO]

Originally Posted by MNM96

That is illegal!

That's right, very illegal.

Hence the reason for that recording whenever you ring a big customer service.

[geckoGT]

Originally Posted by fiery

Tell them that you are very happy to involve media attention, but call their bluff, state that the phone call is being recorded as proof of the conversation.
But be smart, only state that at the end of the conversation.

Don't get any repairs done until you have contacted head office.

Good luck mate...
Kerri



*mental note, don't go to Kmart @ Morayfield.....

If you need to use any recordings, the other person has to be informed before the conversation, if not it is a breach of the privacy act. That is why you get that warning from telstra etc. I know it is a bluff but make sure it is right, otherwise they may know what they are doing and you end up looking like a dill, doesn't help.

[Penelope Pitstop]

Originally Posted by geckoxr8

If you need to use any recordings, the other person has to be informed before the conversation, if not it is a breach of the privacy act. That is why you get that warning from telstra etc. I know it is a bluff but make sure it is right, otherwise they may know what they are doing and you end up looking like a dill, doesn't help.

The privacy act relates to businesses use of information not private citizens use of information.

You can record other peoples conversations to your hearts delight without telling them you just can't use the information you acquire as evidence in a court of law.

[fiery]

Originally Posted by geckoxr8

If you need to use any recordings, the other person has to be informed before the conversation, if not it is a breach of the privacy act. That is why you get that warning from telstra etc. I know it is a bluff but make sure it is right, otherwise they may know what they are doing and you end up looking like a dill, doesn't help.

Lynton......... you are wrong...

Do you want me to email the exact flipping legislation pages to you... I can

I have them saved on my computer..
FFS

[blutura]

my advice would be to get in contact with someone further up the KT&A food chain. If you make enough noise about this to someone further up the ranks, I think you'll get some results. Most big companys like this are most interested in protecting their name and reputation, so If they're smart, they'll see that little bit of money it will cost them to fix this is a lot cheaper than a damaged reputation.

[RavenLS1]

that sucks

[[Tonko]]

get the queensland version of today tonite on to them they'll fix that ИИИИ up, make as much noise as you can i reckon

[LTDHO]

I guess it wasn't worth saving $10!

I wouldn't got to a supermarket to get any work done on my car and I don't buy groceries from my mechanic!

[smally289]

contact Consumer Affairs

[nb_351]

they are supposed to know how to do things like that if theyre qualified... hell i knew how to put a car up a month into my apprenticeship... doest say much for these guys... and if they use the excuse that they didnt have the correct equipment, theyre supposed to or they shouldnt do the work... its the same as mechanics and their trainging... if theyre not rained to work on nissans say, thyere not sposed to work on them at all... if they dont have the equipment or the traiing, they shouldnt be doing it...

[superpursuit83]

Yeah What Kerri said but write the conversation in your diary.

But DO NOT leave it at that, I mean you saw with your own eyes the car sitting on the drive shaft. And even said something. Anything said or done should be noted in your diary with time etc. (Even this post should be used as evidence). I have won construction industry claims with diary notes as evidence. Don,t give up....

John

[svo347]

strange how its ok to spy on someone nekkid tape them but if its got no sound they cant bust you... that sux...

[4.9 EF Futura]

You're right guys. Check out the QLD Invasion of Privacy Act 1971 section 4. Fascinating read and well off topic here IMO lol.

[Ultimate]

Yep well contact consumer affairs is a good start. Contact head office tell them you will take legal action if they do not cover the cost of getting it fixed. Take them to court. Make sure you have digital photos, statement from your mechanic.

[Gubas]

Originally Posted by Ultimate

Yep well contact consumer affairs is a good start. Contact head office tell them you will take legal action if they do not cover the cost of getting it fixed. Take them to court. Make sure you have digital photos, statement from your mechanic.

I'm pretty sure digital photos wont hold up in court. Can be too easily modified. Take pictures using film, and keep the nagatives.

Mate, bad luck about your car. I have heard lots of stories about that joint. Doesnt surprise me!

[xd5.8l]

I work for the pricks now because they bought out all the shell work shops nation wide.
Pack of arseholes I don't want my image tarnished by these criminals. Avoid at all costs tell your children your children's children, that way I wont have to bust my balls.

When they're not making a buck they prey on the mechanically defficient (women, elderly) . I've seen this to many times especialy in large franchises organisations such as this. It all comes down to unrealistic budget targets.

I've got so many pics of illegitament work done on vehicles that they wouldn't know what hit them. Also took details down of customer vehicles :

[keenaz]

Man, I took mine to do a service a while ago to the K-mart guys at Loganholme hyperdome Qld and they ended ringing me up half way through the service and telliing me that the price had to to increased due to my wiper blades needing replaced (under 24 hours old!) and the brakes needed to be machined.... After i complained to them and told them to stop work ...I took it away to a decent mechanic... they were bigtime numpties

[xd5.8l]

my floor manager bashed the thread of a drive shaft to ИИИИ (trying to remove from hub) and then heated the wheel hub up so much that he bent it. $200 later at the customers expense it was fixed. All he needed to do was tap it out through the opposite side and get the whole assembly on a press!