# Regulatory Compliance Category > Consumer Protection Act Forum >  Panelbeater and spraypainting ?????

## rourke

Hi 

I bought a car that was in an accident and what it needed was a chassis straighting and pulling the fire wall frontwards and a full respray.

the panelbeeter i used went and had a look at the car and gave a price which we agreed upon and when he took the car he had it jacked up and saw the floor need pulling and he put a extra price on that. which i had no problem with . the material to be used was agreed that it is incl in the price given. I wanted a pearl paint which i didn't even get and the paint on the car is not even the original paint colour.

Well the job was done in jully or august 2012 will have to check for the receipt for a date as that was the date i paid for the job.

In december 2012 not even 6 months later the paint has some cracks on the roof and i show it to the panelbeeter. Now you must know that where i bought the car it was worked on before so prep was done praypainting including a patch on the roof which was primed. he tells me that he thought it would be a problem. something he never told me before spraying the car.

Ok a day goes by and i think it over and decide that if he didn't prep properly for spraying and he didn't inform me than its his fault and he must fix it.Might be wrong, but its common sense.

so i phone him and tell him about my feelings, but one thing led to another and he droped the phone. and i then tell him that the paint is cracking somewhere els on the roof and on the boot lid as well

So my question is, is it possible to pursue the problem with the consumer act or not?

Must i just live with the fact that i paid him to do a service and he didn't do proper work and i will have to pay to redo it?

Thanks in advance

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## adrianh

I personally think that you will be wasting your time tryng to pursue it. Too many, if's,  but's and maybe's.

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## rourke

Well how do you mean?

i know that if you spray something and the prep work is not done rite the pain will crack or bubble.I am not dum in that sense.

i believe its his fault not letting me know that something will be a problem before he sprayd the car.

Am i wrong in my thinking?

Please if u can explain the to many ifs, buts, and maybes?

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## adrianh

What I mean is that there doesn't seem to be a clear and concise agreement between the two of you as to what needs to be done and who takes responsibility for what. Did he offer some sort of guarantee. I would not guarantee spray painting if there was prep done before. How do you know that that there isn't body putty under the old primer and that the putty didn't get wet before the new coat of paint? How can you be sure that the metal under the old primer was prepared correctly, maiby it was rusted?

You knew perfectly well that the car was crashed and that it needed a lot of work done, did he guarantee that the end result would be perfect?

All I am saying is that I think you have to take responsibility for the problem as well.

One can argue that by taking your money that he implied a guarantee, I don't know, I doubt it though given the state of the car to start with.

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## rourke

Yes you rite we did not talk about the paint Guarantee, but who is suposed to be the professional here me or him?

I just think that if there was a problem with previous work done or even a problem that he(Professional) see's he must let me the consumer know so that we can address the problem before hand.

don't you think that the fault is his in that sense of things since he saw the problem and left it as is to see the outcome. wheni go to show him the problem he than admits to me that he thought it would be a problem and he never sai anything to me about it.

That is the thing that piss's me off about the whole thing.

I'm not saying that your view is wrong but i just feel that the above is testement to who is wrong.


Thanks again for the reply

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## Dave A

Look, there's two sides to every story, but on what you're saying here you may well have a case. A supplier can't just bat their eyelids and say "Ja, I thought there might be a problem" after the fact. Not only should they have pointed this out in advance, they would have been wise to set it out in writing and get you to sign off an acknowledgement before they started the work.

When it comes to evidence - you'll need to be able to show when they did the work, what they did, and that there is now a problem. You don't have to prove the panel beater is liable - it is up to the panel beater to prove that he is *not* liable. You should list whoever did the prep work as part of the supply chain too.

Frankly, you may as well file a complaint with the National Consumer Commission seeing as it's free. There's a link to the complaints form in the left hand menu on that page.

I've heard they're overwhelmed, so they might not ever get to it.
If they do respond, they'll probably refer the matter as provided for in the legislation - I don't think they actually deal with the motor industry directly.
So don't pin your future on a successful outcome.

But at least give it a whirl.

(and don't forget to make a post here on the eventual outcome - I'm sure many will be interested).

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## flaker

Was this repair workshop a professional outfit? Did they have a proper spraybooth and oven? Were they registered with RMI?

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## AndyD

I like your thinking Flaker, if the panelbeater belongs to a professional governing body maybe take the matter up with them first.

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## rourke

Thanks guys for the reply's

Flaker He does'nt have a spray booth but he spray's in a workshop closed area. I don't think he is registered at all as he only started last year some time.

Thanks anyway guys.

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## Didditmiself

Rourke, welcome to the Forum! Seems like from the beginning you were duped - wrong paint colour, not original paint etc. The guys a Palooka. Find out what it would cost to redo the job at a proper outlet. I don't usually give up fighting for something - for example, some clot reversed into the back of my wife's car and when we approached him he was totally indifferent and curtly said "contact my broker - here's his name & tel number" and would not have anything more to do with us. After complying with 14 different requirements from them and umteen faxes, e mails and tel calls, the claim was settled. But it took nearly 4 months of hasseling. Eventually we were going to go to the Ombudsman, but they too are swamped with claims from dissatisfied insurance clients so we left this as a last resort for the new year but on Jan 3rd I received an SMS from my bank to say the amount had been deposited to my account  - but some times it's not worth it. Especially if the outcome is virtually certain - the guys' a one man band with what sounds like a makeshift spray facility. How much success do you think you'll have if you claim against his poor workmanship? At least if the panelbeating is OK, then you got something for your money. I would suggest that you get another quote for a decent job with a written guarantee. Maybe try and get 2 or 3 references from 'satisfied' clients. If he's honourable, he won't hesitate to provide you with them. And ask him once you get the quote if you could pay it off over 3 months. That way you don't feel it so badly and you've got some hold on him if poor workmanship becomes an issue again. And the car looks good. Best of luck.

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## anon

I have an issue with a panelshop and require some advice:-

I had purchased a Mercedes in 2010 with trolley dings on both both front fenders, a faded boot lid and some rust in the soft top well. In feb 2010, 

I had received a verbal quote of R20k to strip, repair, paint and reassemble. On going through to collect the vehicle at the end of April 2010, I found that the vehicle was not stripped (as agreed), the windscreen and hardtop were still in place when car was painted. There was primer visible, poor masking/painting of the rims and wheel arches, paint sinkage. The job would have to be redone and the panelbeater refuses to rectify.

I had appointed a reputable Motor Assessing Company to assess the quality of the work, and have the report confirming the same. I have tried different attorneys to recover my vehicle, and somehow the matter falls by the wayside. I have lodged a dispute via the National Consumer Tribunal, and have not received a response/acknowledment as yet.

Your advice please
I am at wits end iro the recovery of my car.

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## flaker

A 2010 Mercedes with a faded boot lid and some rust??? this vehicle has been in a prang before. When it was fixed/repaired,it does not appear that it was sorted by a professional outfit. All this prior to your purchasing it. 

Under correction, it would appear that you would have to solicit the assistance of an attorney & demand that the vehicle be released to you to have fixed as it would have been if done as discussed and any moneys remaining after payment to new panel beater (from the R20 000 original quote) to be paid over. this could be mediated.

Failing cooperation, i would instruct the attorney to apply to the courts to have the vehicle released to yourself.

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anon (08-Apr-13)

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## anon

A point of clarity:-

The vehicle is a sports model of 1982 vintage.

The vehicle has not been in an accident before. 

As mentioned in my previous post, I have expended monies on attorneys, to secure the releae of the vehicle and am currently no closer than I was about 3 years ago.

How do I go about applying for an order (?) to restore my possession of the vehicle.

1) There has been NO written quote on the scope of the vehicle repairs or cost.

2) The vehicle is deteriorating/depreciating whilst I am trying to get a an attorney to compel a court to have the vehicle released to me.

3) The area of jurisdiction is Pretoria

thanking you in advance,

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## flaker

My apologies,Anon. i took it incorrectly as a 2010 model.

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## anon

Can any of you legal eagles please asasist me with a list of reliable attorneys in the Pretoria area that I may contact iro the above.

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