TTEC4849 Business Practice and Vehicle Safety
Customer Story of a Bad Experience
Instructions: Divide up into small groups. Read the following story, and
discuss the following questions in your small groups. Then write your answers
in the space provided.
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.
Discussion Questions:
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.)
wrong that upset Don so much. (After all, they were fixing his van.)
That when he came back, the van was not ready and the engine was away from it and in parts. And that the van only going to be done in 3-4 days. Which he never expected to be that long.
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?
getting upset at them? What did they do right or wrong?
Don got upset on the shop owner becasue he told him, that his van only is going to be done in 3-4 days and not on the same day. And that the bill is 400 dollars, which was so expensive at this time. They did one wrong thing: took them so long to fix it, but it could of been not their fault, as maybe the parts had to be ordered from other city. But they had to give Don some temporary car to use, ad 3-4 days is a long time.
3. What should have been done in this circumstance? If you were Don, what
would you have wanted to be done?
would you have wanted to be done?
If i was Don, i would wanted to get a temporary car or van so i could still work and deliver clothes. And that it was free of charge.
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?
van and did not pay the whole repair bill. Did the repair shop have the right to
hold the van until they got paid?
Yes, they can hold the van untill Don would of pay for a full bil, except if he told them that he will pay every week or the rest in some time.
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 lost
business because he could not pick up and deliver clothes to his customers?
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 lost
business because he could not pick up and deliver clothes to his customers?
I think no for all that question, because at this story was never told, that an auto shop owner told him it will be ready at the same day. And that Don told them to fix it. So they had to spend time and find a real problem and solve it. Which takes time.
But at the start, Don could tell them to find out whats wrong with a van and tell him, but not fix it at the moment. So that he could still use it. But he never sayed that. So they started to take it apart and fix it and never put it together before he came.
6. What New Zealand laws relate to this story? What do New Zealand laws
say should have been done in this case?
say should have been done in this case?
The laws in New Zealand would be on the side of the local service, as they have done the job and fixed what was wrong to the engine of the Dons car. So Don, must of pay a full price for the parts and fixing. But if he did not liked the price. Find some cheaper place.
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
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