Paid Panel Beater Direct for Repair but Other Driver Claims Repair Not Done

Need some advice desperately, from possibly members who have had similar experiences. While helping a friend move houses, I reversed a hired truck on to a parked car. There was no damage to the truck but the towbar of the truck was driven into the bumper of the parked car, so looked like it needed to be replaced.

Third party was pretty cool - we exchanged details and went our own way. I explained to them that I'd like to pay out of pocket, so they said that they know a good panel beater and that we can get it fixed through him if we are happy. They called the following Monday and said that the panel beater quoted $1600. She was there, so I spoke to the panel beater and he explained what needs to be done. Upon her giving me the go ahead, I paid the panel beater via a bank transaction.

I chased her a few times asking if the job was done and she kept saying that they are awaiting the bumper. Now, she contacted me out of the blue, and says that the panel beater has been avoiding her, and that he never got the job done. There was a lot more to her story where she said the guy has sold the business and the new owners don't have anything to do with them.

I have informed them that there's not much I can do as I paid a panel beater that the recommended that they personally knew. Only thing I can do is to send them the bank transfer receipt.

I'm really not sure what my next steps are other than to wait to see what happens. Appreciate if someone with some experience could advice

Edit:

I spoke to the guy.. from what he says, he has sold a part of the business. He says that she has not provided him some code (from the car) to get the paint and that he can do it if she brings it to the shop on Monday. But refuses to refund.

She says there's a new owner and they dont want anything to do with the previous guy. I'm not in the same state so it's hard to verify any of this. Anyways, There are 3 possiblities.

She's telling the truth - he's avoiding fixing it
He's telling the truth - she possibly wants the cash.
It's a fraud

Edit 2

Wow! Thanks a lot for taking time to help me out.

I do have various text messages and emails from her first with her panel beaters details then also nudging me to pay him. Furthermore, I have a text message from him with a pic of the car and the damage and the quote to repair.

Comments

  • +7

    Need som advise

    advice…

    • +7

      some

  • +3

    Damn! What a mess! At this stage your best move is to keep any messages where the other party told you to send the money to the previous panel beater, and the receipt of the bank transfer. And hope for the best!

    PS: Also, did the friend you were helping to move chip in, or he left you holding the bag?

    • did the friend you were helping to move chip in

      why should they?

      • +4

        Why shouldn't they? "Help" is a two-way street between "friends".

        • Why shouldn't they?

          Because it was not their fault.

    • Thanks @AussieDaddy Nah I didn't ask.. they had enough on their plate as it is and It was me who was driving and the hire car was on my name anyway.

    • +1

      Basically the panel beater did not perform the required service and is required by law to refund the money

      In future just pay the money to the other party and let them sort it out

  • +2

    I'm really not sure what my next steps are

    Hire a lawyer.

  • +1

    Thanks @jv - Fixed the spelling and a few other typos.

  • +1

    There was a lot more to her story where she said the guy has sold the business and the new owners don't have anything to do with them.

    Not hard to research that to prove if correct or not

  • I spoke to the guy.. from what he says, he has owns 51% of the business. He says that she has not provided him with the Vin number and some code to get the paint and that he can do it if she brings it to the shop on Monday.

    She says there's a new owner and they dont want anything to do with the previous guy. I'm not in the same state so it's hard to verify any of this. Anyways, There are 3 possiblities.

    1. She's telling the truth - he's avoinding fixing it
    2. He's telling the truth - she possibly wants the cash.
    3. It's a fraud
    • +1

      All you can do is pay for the job to be done, if the person doesn't want to do what needs to be done for the job to be completed, then its out of your hands.

      Just make sure you have all the necessary paperwork you need and the receipt of payment.

  • +2

    Have you (or they) got a Quote for the Bumper Bar?

    Does it show the Business Name or BSB/Account Number.

    Tell them to contact https://www.consumer.vic.gov.au/contact-us/resolve-your-prob… assuming they got the quote (and in Vic).

  • Thanks! @holdenmg The quote was verbal. A Fixed figure.

  • +13

    I paid the panel beater via a bank transaction.

    It's too late now, but the right thing to do would've been to pay the owner of the car and to get her to sign a release that discharges you of any further liability for the incident.

    Then she couldve done whatever she wanted after with that money.

  • +3

    She said she said see the sea shells.

  • +1

    Ooooof that's a bit of a shit situation.
    The other party will no doubt just submit an insurance claim and get their car fixed, leaving you with more money to pay. I hope you opted to pay for the insurance aspect of the truck hire, or the truck hire came with insurance (by default)

    As you did a Bank Transfer then I doubt you will be eligible to do a charge-back as Bank Transfers are generally not covered.

    The skeptical part of me can't help but feel there's a little foul-play here between the other party and the 'Panel beater that they know' and said panel beater running off with the money….. Very difficult to prove though.

    • Thanks @Empharand The excess was around 3000, there was an option to reduce it and I didn't take it. Can the third party directly get it fixed through the rental company for the claim? i.e. would the rental company fix it without consulting me? I do have proof that I paid to a panel beater of their choice, upon their approval.

      • What proof do you have regarding the payment (Apart from what's on your Bank Statement)? Were you issued an invoice to pay or were you just told 'This is how much it's going to cost, our bank details are as follows'? If you have an actual invoice you may still stand a chance in getting the bank to do a reversal because you can argue that the work wasn't completed.

        Whether it helps you or not, I once had a tradie that wanted a deposit before the work commenced, I was a bit iffy about that so I did my due diligence with my bank and asked for advice on how to approach that and be protected, they told me that provided they issue an invoice with their company details, payment details, date etc (Essentially a Standard Invoice) then if anything went wrong I would be eligible to get my bank to lodge an investigation in preparation for a chargeback. I requested said invoice from the tradie and he just said he would do the work and I could pay when the work was completed. Unfortunately this tradie did a dodgy job, but fortunately (for me) he didn't get a cent from me (He ended up removing what he did though, which inconvenienced me at the time, but ultimately I didn't get scammed)

  • -3

    Another day, another dormant account troll post.

    • +1

      Yep I wish!

      • +1

        Why did you pay upfront?

        You should have gotten a written quote, and obtained WRITTEN acceptance of the quote from the not at fault party - a formality but necessary documentation should there be any collusion between the panel beater and them in it being a cash grab.

        Once you receive photo evidence of the repairs, you transfer the funds to the nominated account on the invoice.
        Your liability for the damages is then absolved.

        As it currently stands, you may still be liable should the not at fault party claim through their insurance without being able to supply proper documentation of the repair process.

  • I have informed them that there's not much I can do as I paid a panel beater that the recommended that they personally knew. Only thing I can do is to send them the bank transfer receipt.

    That's about it. It is between the other driver and the panel beater that you paid. Can't see any comeback on you now.

  • +1

    What if………….the panel beater now says the $1,600 paid by OP was for a repair job on his/her car, and claims no knowledge of the payment being for the new bumper bar?
    Don't understand why OP did not pay the owner of the damaged car direct and let them sort out repairs. That would have been end of story.
    Reckon OP is out on a limb and likely done the money cold.
    Engaging a lawyer will likely cost more that the amount in question.

  • +2

    You should have paid the other party directly, and sign something saying the matter is settled. Not the panel beater. Good luck tho.

  • geezus you may be falling head first into a scam here.

  • +1

    As the panel beater has not done the repair, ask him to refund the money.

  • If your friend was half decent he’d chip in the cost. Yes I know he wasn’t the driver, but if you hadn’t helped him out you wouldn’t be in this shit show. At least he should have offered.

  • Do you have a receipt from the panel beater? or an invoice? If so, send that to the owner of the car and tell them to sort it out.

    • The panel beater was introduced by the owner and they asked me to pay the panel beater.

      I have a confirmation of funds from the panel beater. Also, this was a bank transfer with the description: "bumper repair [third party rego]"

  • Why were you able to contact the guy and she wasn't? Have you asked her to call him and give him the number you used?

    • @kiltos: she says that he's not answering her calls :). It's suspicious as she wants nothing to do with the panel beater and he keeps saying that she needs to provide a code for the paint (written on the inside of her door or something)

      • Both sides sounds suspicious. If the guy is telling the truth, it's a very opportunistic gambit by her to get the money instead just because he just so happened to have sold half the business (which sounds odd too). If she's telling the truth, did he say he had already bought the replacement bumper and that's why he doesn't want to refund?

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