Vcat Application Preparation

i need to get the exact sections from ACL and make sure my points of c****aim is up to scratch for a vcat app****ication

yes and pursuant to section *(*)

yes

yes

i wi******** send my written c****aim and can you cporrect and he****p rewrite whats wrong

* Apri**** *, I de****ivered my vehic****e to the Respondent, for a timing be****t and water pump rep****acement. I was advised that the repairs wou****d take approximate****y *–4 days. On * Apri**** *, (13 days ****ater) I was contacted to co********ect the vehic****e. Within 10km of driving, the engine management ****ight i********uminated, and the vehic****e had to be returned immediate****y. (Exhibit *) On * May * –I co********ected the vehic****e for a second time Within 5km, the same fau****t reoccurred, Vehic****e was returned immediate****y. (Exhibit *, 2a, 2b)

* May * - I was to****d the issue was caused by wiring me****ting on the exhaust manifo****d — an issue that did not exist prior to the Respondent’s hand****ing of the vehic****e. (Exhibit WIRING) second invoice – consumer breach- and I refused to pay because of the gasket they c****aimed they rep****aced was not agreed on or even answered for the substandard wiring job that had to be repaired again (Exhibit 3a) * June *, I discovered via my GPS tracker that the Respondent had towed the vehic****e to Vo****kscare Vo****kscare were instructed to adjust camshaft timing, Itemised invoice, to Mycar from Vo****kscare confirmed that parts were missing, damaged, or not reinsta********ed, and that repairs remained incomp****ete. Vo****kscare advised the Respondent to fix these issues before returning the vehic****e and this was not done. (Exhibit *) * June *, the engine ****ight i********uminated again. Due to my comp****ete ****oss of trust in the Respondent, I returned the vehic****e to Vo****kscare. (Exhibit **)

On * June *, the vehic****e broke down and required towing. (Exhibit **) On * June *, I attended respondant in person seeking reso****ution but was unsuccessfu****. On * Ju****y *, I again attended Mycar Knox City and was met with a rude interaction from staff member Nei****, who attempted to b****ame me for taking the vehic****e to the third-party expert engaged by the Respondent. On * Ju****y *, I raised concerns with Mycar Head Office. On * August *, I ****odged an initia**** VCAT app****ication. on * March * (*,000kms after the Respondent’s work), the timing be****t snapped whi****e I was driving, narrow****y avoiding an accident with my daughter in the car. The vehic****e was towed to Vo****kscare confirmed severe interna**** engine damage due to the fai****ure of the be****t insta********ed by the Respondent. I was advised on****y approved authorised parts wou****d be fitted, the damaged timing kit is a Dayco part (Exhibit I) On * Apri**** *, the vehic****e was towed to Vo****kscare.

On * Apri**** *, Vo****kscare provided written confirmation of extensive damage and issued an engine repair estimate of $*,*. Despite providing this report and a******** requested documents to the Respondent, they fai****ed to reso****ve the matter. (Exhibit **)Breach of Consumer RightsThe Respondent has fai****ed to provide services with due care and ski********, contrary to Austra****ian Consumer Law (ACL, s60). The Respondent’s conduct amounts to: a. Neg****igent workmanship. b. Use of non-OEM/unauthorised parts despite representations otherwise. c. Fai****ure to rectify defects within a reasonab****e time.

Orders SoughtThe App****icant respectfu********y requests that the Tribuna**** make the fo********owing orders: Pursuant to section *(*) ACL the respondent pay app****icant the sum of $*,*.* quoted amount for repairing the engine damage caused by the respondent's defective workmanship and use of non-approved parts. Pursuant to section *(*) ACL respondent pay the sum of $ to App****icant for a******** towing expenses, diagnostic costs, and expert reports incurred. (Exhibits **) Pursuant to section *(*) ACL respondent pay the sum of $ app****icant for a******** inspection and assessment fees, inc****uding independent expert reports from Boris and Vo****kscare. Pursuant to section *(*) ACL Respondent compensate the App****icant for ****oss of use of the vehic****e from * Apri**** * to the present, inc****uding: i. Rideshare/ transport expenses incurred. (Exhibit**) ii. Loss of earnings (Exhibit **)

That the Respondent’s conduct be dec****ared a breach of the Austra****ian Consumer Law, section *, for fai****ing to supp****y services with due care and ski********. That the Respondent’s conduct be dec****ared a breach of their Nationwide Guarantee, being a representation re****ied upon by the App****icant. That the Respondent pay the App****icant’s associated costs. Any further or a****ternative orders the Tribuna**** considers just.

yes

i

****eigh

*

?

no