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Old 21-03-2006, 09:49 PM   #31
Smoked
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Recording a phone conversation to which you are a party to is not illegal, unless you intend to use the recording for illegal purposes.

The reason big companies ask your permission is they intend to use the recordings as the basis for instruction, to which the instructor and trainees are not party to.

Read up your laws before you come on here and state the facts.
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Old 21-03-2006, 09:52 PM   #32
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Quote:
Originally Posted by Smoked
Recording a phone conversation to which you are a party to is not illegal, unless you intend to use the recording for illegal purposes.

The reason big companies ask your permission is they intend to use the recordings as the basis for instruction, to which the instructor and trainees are not party to.

Read up your laws before you come on here and state the facts.

thankyou!!
finally someone else that also can read legislation or understand our laws (legislation) !!!!!
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Quit wingeing, drink more and grow a Butt! Its un Australian not to be the correct size to fit the seat of a Falcon!
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Old 21-03-2006, 10:12 PM   #33
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gday

go to this site

http://www.kmart.com.au/contact_us/default.htm?ct=11

on the right hand top of the page you will see a drop down menu that says see other sites of kmart it will have a link for k-mart tyre and auto

then on the left hand side of the screen you will see 4 th spot down is a contact us this gives you an email customer form to fill out and or a customer service phone #

try this and you should be able get a responce

hope this helps

jason
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Old 21-03-2006, 10:28 PM   #34
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Well, you certainly got shafted. I hope you rip them a new ********.

This is a link that may be useful in pursuing your claim.

http://www.fairtrading.qld.gov.au/OF...5?OpenDocument

In regards to recording the conversation, from what I can see, the laws in QLD seem to allow it, but to be sure, consult a solicitor if your case gets to that point.

Good luck
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Old 21-03-2006, 10:36 PM   #35
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Quote:
Originally Posted by Smoked
Recording a phone conversation to which you are a party to is not illegal, unless you intend to use the recording for illegal purposes.

The reason big companies ask your permission is they intend to use the recordings as the basis for instruction, to which the instructor and trainees are not party to.

Read up your laws before you come on here and state the facts.
However if you wish to later rely on this conversation as evidence in a court case you cannot use it nor can it be admitted without the prior knowledge or consent of the other party to the making of the recording.

So your first paragraph should end " unless you intend to use the recording for illegal purposes or in any legal proceedings to be brought against any other parties in any recorded conversations "

That is their to protect us all from people saying that they got our permission to record any phone conversation, the other party must clearly state for the recording that they do not object.

But going on from that, what Fiery said in an early thread is correct, get a written report by a certified mechanic, get in touch with your local Consumer Affairs or Office Of Fair Trading and they will help you with any details from that point on. Also let the branch where the incident occured and also the customer relations office of K-Mart know of your intention or that you have proceeded, hearing this will often see them do a complete 180.

Other than that good luck
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Old 22-03-2006, 12:01 AM   #36
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ИИИИing bullИИИИ ..............
My only advise is fix it yourself by the time you finsh dealing with these dics you would have spent more money and time than you should have and in the end unfortunatly you will more than likley end up with the bill anyway .
I have been though all this bullИИИИ to many times .
Noone takes responsiblity for their actions anymore ecspecialy a bussiness in the automotive sector.
I feel for ya man I realy do .
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Old 22-03-2006, 12:28 AM   #37
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Nobody gives a rats-damn about consumers, especially not the pee-ons that you have been dealing with.

Don't even mess with them, if you call, don't say crap to the person answering the phone, (if they were worth anything they wouldn't be answering phones), IMMEDIATELY request a manager! Better yet, go INTO the store, the last thing they need is someone raising his voice about damage to their vehicle (make sure there are plenty of other cutomers around).

Explain to him CALMLY the situation, the reapairs being done, the manner in which your vehicle was treated, the fact that you have photographic evidence and a "stat-dec" (if you don't have, get one) from a reputable mechanic stating that he saw the results of their poor workmanship IMMEDIATELY afterwards.

If he/she gives you no satisfaction, get the store manager. If he/she is just as stupid, get the number/address of the area/district manager, then the state/regional manager etc. Go as high as you have to go!

The higher-ups don't want you wasting their time on a phone call or worse yet a visit. You merely speaking to them about a problem that should have been dealt with post-haste by a store, will pieve them to no end, and get you results.

They have board-meetings to go to, and games of golf to play, they don't need you bugging them, when someone much further down the ladder already should have taken care of things.

PS, this goes for ANYTHING, not just the "big stuff", customer sevice is a thing of the past, we have to fend fopr oursleves now.
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Old 22-03-2006, 07:41 AM   #38
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Quote:
Originally Posted by Smoked
Recording a phone conversation to which you are a party to is not illegal, unless you intend to use the recording for illegal purposes.

The reason big companies ask your permission is they intend to use the recordings as the basis for instruction, to which the instructor and trainees are not party to.

Read up your laws before you come on here and state the facts.
Thanks Smoked - ya learn something new everyday!

BroncoFanCam makes sense - I wouldn't demand manager straight off the bat. But approaching it calmly is the key, you will get more that way.
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Old 22-03-2006, 11:39 AM   #39
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Dont Email them, , Dont call consumer affairs, Dont call Office of fair trading yet....

You need to call someone high up at K-Mart and calmly explain the problem.

I work in a retail industry, and 99% of the time, customers only contact higher management when there is a REAL problem. And then 100% of the time, the customer is right, and we pay !

K-Mart will pay, just be civil on the phone. ( dont let emotion get in the way, and dont swear )

AC/DC

( If this doesnt work ( it will ), then call OFT or Consumer Affairs )
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Old 22-03-2006, 12:47 PM   #40
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Quote:
Originally Posted by LTDHO
Thanks Smoked - ya learn something new everyday!

BroncoFanCam makes sense - I wouldn't demand manager straight off the bat. But approaching it calmly is the key, you will get more that way.
I don't mean in a "HEY! Get me the damn manager!" Kind of way, but saying something along the lines of...

(When the answer and ask how they can help you...)

"I was wondering if I could speak to the manager on duty please?"

(They say "Can I ask what this is about?")

"Yeah, I was in there for a service recently, and have some concerns about the repairs made to the vehicle."

And one other thing... there is kind of a "good thing" in dealing with a giant chain or stores like K-Mart is. And that is, if you have happened to already "lose it" with the first group (which is understandable), you can always start again with another branch. And they can give you help with contacting upper management etc, and will usually be much more sympathetic. I have done this a few times as well.

You tell the new store the problems you have had, and they will reply with "Well, that's not the way we are supposed to conduct business." Or the like.

Of course you aren't commisioning them to fix the problem, just help you get the situation rectified with the first store.

But I agree... Calmly is the key, you get all ИИИИy with them, they do the same, and nothing is solved, you're both just angry.
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Old 22-03-2006, 01:02 PM   #41
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Absolutely outrageous go after em like a rampaging pit bull and don't let go until you have nailed their balls to the back of your dunny door. Consumer affairs will be too slow and keep that tape under wraps as your trump card...don't use unless you really need to. The place to start is the top of the K mart tree. Write a letter to the CEO quick smart...you need to speak their language..in other words emphasise..........................appalling customer service, lack of professionalism and integrity, technically incompentance......
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Old 23-03-2006, 12:13 PM   #42
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Thanks for the the legal advise and how to get K-Mart to pay up.

K-Mart State Office QLd Technical service Division a Mr Peter Heaton has come to the party, he has agreed to pay all costs for the damage done by Morayfield K-Mart Tyre & Auto

It shows that K-Mart Will accept liability yet only after going to the CEO.
Many thanks again my Ford people for your advise.
Without which my car would still be laying dormant awaiting repairs from her owner of little monetary resources.

Thanks again to you all
Thanks to Peter Heaton of K-Mart Tyre and Auto Tech Service division
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Old 23-03-2006, 12:41 PM   #43
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Well done, glad to hear it all worked out, Although my car will never go near K Mart
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Old 23-03-2006, 12:46 PM   #44
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Default Ford to Approve K Mart? for Servicing??

Great outcome well done.

A few weeks ago I was approached by a ford appointed market research company who spent an hour with me quizzing me in detail regarding whether I would ever consider taking my car to K Mart or Ultra Tune for servicing including while the vehicle is still under warranty. Over the past few weeks I,ve been pondering what strategy is being formulated behind the grey walls of bureacracy at broadmeadows. Are broadmeadows that unhappy with the cost and quality of services being carried out by ford dealers to the extent that Ford are now prepared to challenge the publics mindset that it is neccesscary to have your vehcile serviced at a ford dealer for the warranty to continue? I am that this very issue was challenged possibly in a court room a few years ago and it was found that provided genuine ford parts are used then the labour can be performed by a qualified mechanic etc....or something to that effect. Personally I can't ever see a manufacturer endorsing an alternative service option other than their dealers.....but who knows maybe ford are planning to stir the pot as far as their dealer servicing is concerned.
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Old 23-03-2006, 02:11 PM   #45
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This is from Mazda Australia

As you are aware, Mazda New Vehicle Warranty is not conditional to having your vehicle serviced by a Mazda dealer. However, should you experience any difficulty with your vehicle during the warranty period and the cause is found to be a result of incorrect, or lack of scheduled maintenance servicing, then Mazda will not be responsible for any damage that may occur.

Should you elect to use a non-Mazda service garage, the new vehicle warranty will not be void however, we recommend your selected repairer uses only genuine Mazda parts and that you maintain proper service records and keep your receipts.
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Old 23-03-2006, 02:14 PM   #46
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That is fantastic news, well done. Glad to hear of a happy ending for you!
The main thing for you was to get your car fixed and rightly so, it is really good that this situation is going to be rectified without anymore dramas.
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Quit wingeing, drink more and grow a Butt! Its un Australian not to be the correct size to fit the seat of a Falcon!
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Old 23-03-2006, 02:21 PM   #47
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Dear Mazda Australia

I have a new MX5 rice burner which my mum serviced for me last night using only approved mazda parts. She gave me a detailed tax invoice which itemised the work undertaken, receipts for the new parts purchased from a mazda dealer and also stamped the service book with a spiderman stamp. She also served me up a lamb roast......something your dealer network should look into....although they would probably burn it and then make me do the dishes.
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Old 23-03-2006, 02:51 PM   #48
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Quote:
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.
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Old 23-03-2006, 03:17 PM   #49
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Quote:
Originally Posted by Mark Edmonds
Dear Mazda Australia

I have a new MX5 rice burner which my mum serviced for me last night using only approved mazda parts. She gave me a detailed tax invoice which itemised the work undertaken, receipts for the new parts purchased from a mazda dealer and also stamped the service book with a spiderman stamp. She also served me up a lamb roast......something your dealer network should look into....although they would probably burn it and then make me do the dishes.
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Old 23-03-2006, 03:38 PM   #50
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NEVER EVER take your car to K-mart tyre & auto!

Several people in my family have had dodgy experiences with them and will never go there again, they all seem to be the same ignorant service. I work for k-mart and sometimes speak to the guys from the workshop part and they all seem to hate working there and think its as dodgy a place as i do :
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Old 23-03-2006, 03:41 PM   #51
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That honestly isn't good enough!! I would take it back. I'd be onto Kmart's Customer Service Line and be making a formal complaint.

You will find they can be contacted here

Kmart Tyre & Auto Customer Service: 1800 634 251

or email them: customer.satisfaction@kmart.com.au

And if your still not satisfied, contact Kmart at Coles Myers Head Office in Tooronga, Melbourne, Victoria

Telephone: 03 9829 4111

Cheers

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Old 23-03-2006, 04:46 PM   #52
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Only way a dealer can cancel warranty if you service your car elsewhere is that if the services are free.
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Old 23-03-2006, 05:14 PM   #53
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Quote:
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.
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Old 23-03-2006, 05:59 PM   #54
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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.
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Old 23-03-2006, 05:59 PM   #55
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Quote:
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
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Quit wingeing, drink more and grow a Butt! Its un Australian not to be the correct size to fit the seat of a Falcon!
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Old 23-03-2006, 06:01 PM   #56
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Quote:
Originally Posted by Penelope Pitstop
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.
Thats actually not correct either Tori.......... the legislation states you can for legal purposes under certain circumstances.

Again, I can provide the exact pages if anyone is interested and wants to continue this on!
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Quit wingeing, drink more and grow a Butt! Its un Australian not to be the correct size to fit the seat of a Falcon!
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Old 23-03-2006, 06:04 PM   #57
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Quote:
Originally Posted by fiery
Thats actually not correct either Tori.......... the legislation states you can for legal purposes under certain circumstances.

Again, I can provide the exact pages if anyone is interested and wants to continue this on!
Thats cool mate I can admit to being wrong but I was right-er then Lynton hey? :
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Old 23-03-2006, 06:05 PM   #58
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Quote:
Originally Posted by Penelope Pitstop
Thats cool mate I can admit to being wrong but I was right-er then Lynton hey? :
yes you were a lot more correct than Lynton was :
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Quit wingeing, drink more and grow a Butt! Its un Australian not to be the correct size to fit the seat of a Falcon!
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Old 28-03-2006, 01:01 PM   #59
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Quote:
Originally Posted by one chance
Thanks for the the legal advise and how to get K-Mart to pay up.

K-Mart State Office QLd Technical service Division a Mr Peter Heaton has come to the party, he has agreed to pay all costs for the damage done by Morayfield K-Mart Tyre & Auto

It shows that K-Mart Will accept liability yet only after going to the CEO.
Many thanks again my Ford people for your advise.
Without which my car would still be laying dormant awaiting repairs from her owner of little monetary resources.

Thanks again to you all
Thanks to Peter Heaton of K-Mart Tyre and Auto Tech Service division
CONGRATULATIONS!!! Good work!
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Old 28-03-2006, 09:24 PM   #60
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Angry K-Mart doesnt ponys up for the repairs

Hey I really should have waited, before thanking Peter Heating from the Tech division Of K-mart QLD now it’s a flaming nighmare.

The mechanic I called with over 20years experience, & I must add only have used as an independent observer.

Because of his outstanding work on my car’s Automatic, I only have used his services once!

Now we agreed to use K-mart’s list of repairers, OK.

Not OK.
The prop shaft had been taken to Eagle Farm one of Repco’s depots;

It took two days to get from Morayfield to Eagle Farm.

I got a call today from a person who said he was Ross?

He told me that he could not find any displacement on the shaft & went on to say Oh did you know your Uni’s are stuffed!

My mechanic gave me a report on the condition of the shaft and the Uni’s & CV’s all were fine and did not require attention.

Now this mob K-mart and their miscreant associates have now damaged the CV’S & the Uni’s in transit to Eagle Farm REPCO or at this depot.

K-Mart are trying to stick it to me.

In addition to insinuating the mechanic is a LIAR.

I thought it was too good to be true that this company K-Mart Tyre & Auto would keep to their word.

Hate Liars.

My Mechanic E&S Automotive, had sited the witness mark on the shaft, had sighted the wobble in the shaft had inspected the Uni’s and the CV’s.

These clowns ( REPCO) who are in the pocket of K-mart, did not place a dial indicator on the shaft, have now deliberately damaged the CV’S and the rear Uni’s.

The shaft is now in limbo; My Mech will be taking it to Brisbane drive shafts to be repaired; by another independent.

Ya know they used to hang people for injuring their horses deliberately; they should bring back this law, to encompass firms who deliberately damage your car, so you will come back (as if) to pay their exorbitant & inflated repair bills.

Moral: Don’t Trust a living soul,

K-mart Tyre & Auto, are LIARS, Misrepresent themselves, are untrustworthy, the list goes on.
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