Customer Story of a Bad Experience
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. In 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.)
They should have informed Don before taking out the engine and tell him how long the repairs will take because he needed it for his business also needs to pay his mortage so without his van he cannot work .
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?
He should of told them that he was going to use it for his business and needed his van to be fixed asap . Also should of said how much it would cost to be repaired
3. What should have been done in this circumstance? If you were Don, what
would you have wanted to be done?
I would of wanted the van to be fixed asap , and would of told them what the problem was that the van has lack of power also ask for a quote on how much repairs could cost because Don would need it for his business and also pay for his mortage
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 think the shop has the right because Don still owes the money and told the shop just to fix the problem without thinking about the costs of the repair.
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?
I think the repair shop was doing its job of fixing it up but Don did not tell them in detail that he needed the van to be fixed and ready , but the auto repair shop took out the engine and stripped it without asking for Dons permission. I think that they should pay half that way it is fair
6. What New Zealand laws relate to this story? What do New Zealand laws
say should have been done in this case?
I think the Disputes Tribunal would be suitable , it is a place were people bring disputes before a trained refree and try to reach for an Agreement for both parties. It works by both parties having a opportunity to discuss the issues disputed and making a agreement , if they cannot reach an agreement the refree will think about what is fair for both of the parties
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