Word of Advice

14 April 2009

Repairs

Aren’t you the savvy consumer – taking your goods in to be repaired rather than buying something new. But what happens if the cost of the repair spirals out of control? Or you kind of forgot to pick up your fixed item and now the repairer has sold it?

You don’t have to pay for work that you didn’t agree to

If you are specific about what work you want done then anything else is unauthorised and you don’t have to pay for it. But if you only gave a general request like “please fix this” then the repairer could do a lot of work without you realising what the cost will be.

It is better to be specific or ask the repairer to tell you what needs to be done and how much it will cost before the work starts. You can also tell the repairer that if the repair will cost more than $50, for example, you don’t want it fixed. Get a quote or put your instructions in writing. This reduces the risk of a misunderstanding and if anything does go wrong you have proof of what you asked for.

Services like repairs are usually covered by the Consumer Guarantees Act. If the repair job isn’t good enough you can ask the repairer to fix it or to give your money back.

A repairer can sell your goods if you don’t pay for them

Repairers can hold your goods until they get the payment. After two months they can sell the goods. But before they sell them they have to give you one week’s notice. The repairer can send you a letter, if they know your address, or they can put an ad in a local newspaper including:

• the name of the owner or business
• how much money is owing
• a description of the item
• the time and place of the sale
• the name of the auctioneer.

The repairer can use the money from the sale of the goods to pay for the cost of the repair as well as the cost of advertising and selling the item. Any extra money has to be given to the Registrar of the nearest District Court. The money is held there until you pick it up.

Getting your goods back

You might not want to pay the full amount because you didn’t ask for some of the repairs, or because you don’t think the repair was good enough. But you might have trouble getting the item back from the repairer if you don’t pay the full amount.

You can try negotiating a lower price with the repairer or you can agree to pay part or the full amount to get the item back. Tell the repairer in writing that you are paying “without prejudice” which means that you do not accept the amount charged. Then you can choose to go to the Disputes Tribunal to deal with the dispute.

What if I only recently bought the item that broke?

The repair might be covered by the Consumer Guarantees Act. The shop that you bought it from might be responsible for repairing the item. You need to give the shop a chance to repair, replace or refund a minor problem before you try to get it fixed yourself.

For more information about your consumer rights, visit our website or your local Citizen’s Advice Bureau.

For free, independent legal advice visit your local Community Law Centre, contact details are in the White Pages.