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[VIC] Warranty troubles with Gassit M/C dealer - what are my options?

Discussion in 'Politics, Laws, Government & Insurance' started by dryfter, May 22, 2011.

  1.  
    thetramp64

    thetramp64 Premium Member

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    Not saying your wrong Justus (your not, under the TPA) but the Australian Consumer law replaces the TPA as of Jan 1 2011.

    The (roughly) equivalent sections of the ACL are:
    s45 - Anti competitive behaviour;
    s47 - Exclusive Dealing / third line forcing.



    But personally, I would rely on the new consumer warranties. These are no longer implied they are stated.

    Basically, to cut a long story short the OP has rights, the shop owner has NFI and Consumer Affairs would be my next stop.

    I would be asking for a complete refund. (And I reckon I'd get it).

    Links for the ACL / Warranty info:

    http://www.accc.gov.au/content/item...d2ea13ccf345092&fn=Warranties and refunds.pdf

    http://www.accc.gov.au/content/index.phtml/itemId/322947
  2.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    I rung them a while back; they basically told me what you guys had already said here, regarding third-line forcing and stuff..
  3.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    The new Consumer Warranties stuff looks great. I am aware of them, so are Consumer Affairs. However it seems that retailers/dealers are not, and according to consumer affairs so far there have not been any cases taken to court. So no legal precedents, which means a longer and more expensive court case for whoever goes first..
  4.  
    thetramp64

    thetramp64 Premium Member

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    Not correct. Any Consumer Law matters would be heard at VCAT.
    VCAT cases are not "court cases" they are hearings before a VCAT member, where you (as a rule) act for yourself meaning no lawyers fees.
    The hearings are also (like the Magistrates Court) not recorded and have no "precedent" value.
    Each case is decided "on the facts" of that case.
    Secondly, the new ACL provisions are designed to be "consumer friendly" giving you statutory rights which the dealer has no choice but to honor.
    On the facts I've read so far, you would have a very strong case.
    It's never guaranteed and I would not ever say you will win, but it's a case I'd be happy (personally) to recommend someone tried.
    To do so you download the paperwork (VCAT website) and lodge it.
    It's 95% "tick box" designed for non lawyers.
    The application fee is minimal.

    http://www.vcat.vic.gov.au/CA256DBB...enDocument&1=15-Fees-Forms-Brochures~&2=~&3=~
  5.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    Sorry, I was referring to the VCAT tribunal stuff, but it's a mouth-full to repeat.
    The same still applies though - there have been no precedents which does apparently make it more complicated and uncertain. The Consumer guarantees law has quite a lot of vague language over stuff like what constitutes a minor or major fault, and where the burden of proof lies, and so forth.
    Consumer Affairs suggested it could take a year to resolve. (!)

    And of course my case is complicated because, as noted, the "six month warranty" was basically verbal plus a scribble on a business card, so if it comes down to it, the dealer could reasonably deny it existed - and have hinted as much to me.

    So yeah; it would be in everyones' interest to settle things outside of that just in order to save everyones' time!
  6.  
    thetramp64

    thetramp64 Premium Member

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    Precedents don't matter at VCAT.
    The member decides on that facts.
    I will however grant the point that previous decisons of higher courts can be used in some cases. But these are few and far between and are the cases that usually involve lawyers.

    This is typical CA staff responses.


    The "sixth month warranty" is a minor issue!
    The major issue is that the "goods were not fit for service" and / or "were not the same condition as the description".

    I agree settling outside VCAT is always better.

    Hint: Unless you lodge and serve papers... they won't.

    Probably 75% of cases are resolved "by consent" on the day.

    Anyway. Your call.
  7.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    No, he never did tell me who he (or she) is. Which does feel a bit weird to me. I don't know if I'm talking with a salesman, owner, mechanic or even the janitor :p

    (I tracked down who the IT-running and positive-reviewing-posting brother is, but Spocko has requested I delete it from this post since he isn't really involved.)
  8.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    So it's been 9 days since I wrote to the dealer, as requested by their anonymous representative, and I haven't heard back anything.

    Doesn't seem like they're particularly interested in sorting anything out to me :/
  9.  
    thetramp64

    thetramp64 Premium Member

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    See previous posts.
  10.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    I know, I know.

    I'm just commenting because a couple of pages back, someone from the dealer posted to say "please get in touch to see if we can work something out."

    I'm not particularly surprised that nothing has come of it, but yeah.. it's like the person from the dealership is trying to make it look like they're the good guys, trying to extend the olive branch to fix things up, yet that sentiment does not seem to extend beyond the public record here.
  11.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    Thought I should update the post to say that as of today (14th July) I have now heard back from the dealer, so we are at least in discussion now.
  12.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    Ah, I just realised I never updated this thread, and reading that last post, you'd think we sorted things out amenably.

    Far from it, we never sorted things out, and I still wouldn't recommend anyone deal with Gassit at all.
  13.  
    fullcore

    fullcore Member

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    So where are you at the moment with this? Some detail on the current situation would be appreciated.

    Cheers,
  14.  
    dryfter

    dryfter aka Wintrmute Premium Member

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    Ah, I gave up chasing them; pursuing them through VCAT was just going to take too long, and no-one had even tested the new 2011 consumer guarantee laws in court yet.

    I ended up out of pocket for, I dunno, about $2500 in the end? Obviously not happy about it, but I've chalked it up to experience and moved on now.

    I don't really want to start this thread up again -- I just came across it and wanted to make sure the final post wasn't still on that false-positive note.

    Cheers,
    T
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