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Taken advantage of...

Discussion in 'Businesses and Service Providers' at netrider.net.au started by Petie, Apr 13, 2006.

  1. In some ways I don't feel like posting this because I don't want to make a big deal about it and I don't want to waste people's time. I am only posting because I do feel a bit at a lose end at the moment about what to do.

    Ok, enough bla bla... to the story.

    A girl I know (scootergirl from herein) is an overseas student, her English is fine but she is shy and a bit quiet.

    She did her research and decided she wanted to buy a new Bolwell Jolie.

    Scootergirl went into a Yamaha dealer and asked to look at the Jolie with the intention of buying that day. The sales person told her she didn't want the Bolwell and that the Yamaha Jog instead. He told her it was better quality, more reliable etc etc. At this point many other staff in the store added their 2 cents saying that they'd buy the Yamaha over the Bolwell any day.

    As the sales people were all so nice to her she took their word for it and bought the Yamaha instead.

    It should be noted that the Yamaha's top speed is substantially slower then the Bolwell, an important thing to mention I would have thought.

    So scootergirl has her new Yamaha scooter and after a day o using it she realises that she cant even go 60 on it! They're supposed to go 60, her's won't go much more then 40!.

    So where can she go from here? If she got the Bolwell she would be able to do 75 and at least keep up with the speed limit in local traffic. Instead she's stuck with the Yamaha which is not only slower, but it's actually not even running at the speed its supposed it.

    She went into the dealer and they said that yes it is running slower then usual and they will look at it next week. But really the point is that she was pushed (albeit with a smile) into buying something that she's not happy with. And I am sure the dealer was more concerned with getting a better margain by selling the Yamaha then anything else.

    The obvious thing to mention is that she shouldn't have gone in and bought something without having someone with her who's able to handle dealers but it's happened now so I want to know what others would do in her shoes?

    Thanks in advance, I am very interested to hear what others think.


    PS. There's no cooling off on new vehicles
    PPS. I know what she should have done, I am more interested in what you'd do from here :)
  2. i think this sort of situation occurs way too often.

    but in all seriousness, nothing will ever change.

    you've got to go in with your mind set, and tell the bastards to shut the f*ck up.
  3. i think if she was insiting on the Bolwell Jolie and the guy was pushing for the yamaha she should of gone for a test ride on both of them
    then decided
    very sorry to hear about what happened though

    just my 2c
  4. when buying a new vehicle from a dealer i'm pretty sure you get a cooling off period where you can return it for a refund within 14 days or so.... well i'm semi sure :?

    sounds like a very expensive lesson to learn. :oops:
  5. That'd be great! I'm afraid you're wrong, but damn that would be great! I'd be on a different bike every track day :grin:
  6. When you take delivery of a vehicle, one of the papers that you sign is the one that removes your 3 day cooling off period.

    You get 3 days cooling off when you lay down a deposit.

    As for the situation, I have nothing constructive to add.

    Well, short of selling it, cutting her losses and buying a different bike.
  7. i dont have a habit of buying stuff from dealers, BUT the last car we bought did have what could be called a 'cooling off period'. i'd have to dig up the paperwork, but i'm pretty sure its a legal requirement.

    it was 3 days for us, but thats on a 13 year old car, i'm pretty sure its different for less than 10 year old vehicles and different again for new vehicles.

    worth a look in anyways i reckon :?
  8. just checked and there is a three day cooling off period for used cars from dealers (though you may lose your refund) but no cooling off period for new vehicles :? so no luck there.

    (that's for victoria anyway.)

    edit: beaten to the point by coco and vic.
  9. But it's void once you take possession I think. I believe it's there for you to change your mind after you've paid a deposit but before you pick it up.
  10. When i bought my bike i had to sign a form that said i waived my 3 day cooling off period. Thats because i had pout a deposit on it and had decided to buy it. I think it was to save my deposit, rather than let me ride the bike to Adleaide and back and then decide i didnt like it.

    Sounds like someone copped a tough deal, those dealers can be manipulators, but i've also been slightly charred with private sales as well.
  11. Yep, as far as Victoria goes once you actually take possession of the vehicle you've agreed to all terms of the sale contract and basically from that point on you're stuck with it.
    Edit: Oh and as Conny has pointed out you can only take possession of the vehicle sooner than the 3-day period if you sign a waiver.
  12. I've seen this happen too many times with products that range from cameras to cars.

    I can't comment much on the current situation but in future it is best to get a friend that works in sales, or is really pushy, to do the haggling for you.

    If you get the right person to do the haggling for you can get the the stage when the dealer makes no profit at all on the main item and only makes a profit on the accessories. Some dealers even sell it only so that they can count one sale to their name.
  13. Exactly, if you're buying new always go for a :moped: before signing the :deal:
  14. I'd still be seeking some legal advice about this; it's clear the lady has been royally stitched up by a group of con-artists more interested in their commission from Yamaha than in meeting her needs and reuirements......

    Failing that, we could always mount a picket line outside the stoor

    A carefully-worded letter to Yamaha re the conduct of one of their dealer's sales staff might help

    And this is the sort of story the ACA/TDT people love to get hold of too, especially as the victim is a lady..

    Above all, she should not RIDE the bike until the issue is resolved; if these crooks find that she's been riding it around anyway, it weakens her case that it's nsatisfactory.
  15. Not sure what they can do for you as I haven't been ripped off like your friend(well, if you don't count banks!), but have you considered going to Consumers Affairs? Even if they can't do anything for you they should at least be able to give you a definitive answer on what right's or courses of action your friend has.

    Hope you get some action.

    Please let us know how your friend gets on as this is something that can happen to anyone.
  16. I agree with Gegvasco, consumer affairs would be a good place to start. The girl was told that for performance reasons the Yammaha would be a more suitable bike than the Bolwell, and that it the reason she went ahead and purchased the bike. In this case the sales team involved were miss leading, also givin that she can prove the machine dose not perform as otherwise stated. I would push that angle, I am affraid the others are correct, as far as any cooling off period goes, you wave that right the moment you take the bike off the show room floor. I think if you push this point through consumer affairs, they will help you have your bike exchanged, as the company involved have been miss leading which is an illigal act in itself. The other benifit is by having consumer affairs deal with it, I doubt it will cost you a cent. Good luck.
  17. Bad news for Viv, very sorry to hear.
    I would go in and really kick up shit until they offer some support, and take in somebody who loves to lose it and take the piss out of salesguys.
    Being loud and pissed off gets other customers attention and you will see them walk out when a salesguy is being shouted at.
    What a bummer though, I know Viv and im very pissed off myself to hear this happened.
  18. I work in Sales and I know that if the product doesnt do what is expected and sold on that, you do have rights. Time is critical though so get stuck in like fuzz said and do it now....
  19. caveat emptor -
    I know it sounds cruel, they have been taken advantage of and legal may not have a leg to stand on .
    also that is what test rides are for too.

    sorry about your friends cirumstance , you may have luck with pushing a point with a layer only if they want to play ball other wise its an expensive lesson learnt by your friend.
  20. When did this actually happen. A few days ago, or a few years ago. Last time i saw Viv she was still riding the Zeal and had her heart set on an ER-6. Neither of the scooters mentioned in this thread would strike be as being an ideal upgrade from the 250. :?