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[VIC] VicRoads say my bike is repairable write off but it's brand new

Discussion in 'Politics, Laws, Government & Insurance' started by haksu, May 17, 2010.

  1. Hi folks, I hope you can appease my great concerns.
    I got a letter from VicRoads today saying my bike is a reparable write off and my registration will be cancelled in 4 weeks.
    I picked it up from Peter Stevens 4 weeks ago brand new with 4.5km on the clock and it's never been crashed!

    I've triple checked the VIN on my bike, the letter VIN, done the online check through VicRoads and it all aligned.
    The document says I have to get a VIV and a RWC to stop it being cancelled etc. The VIV is $458 and an RWC is however much.

    It says I can dispute the claim by writing in but I need some help on how to proceed. I have no idea how this could happen!

    What mechanisms can I use to prove the bike is not as they say?

    I am concerned that my bike will be put on the reparable write off register and negatively affect my ability to sell it in a few years time!

    I would appreciate any help you may be able to provide.
    If you've been in this situation before then I'd really like to hear from you...
  2. Take the letter and the purchase details into PS, and see if they can set it straight for you.
    If that doesn’t work do the same to Vicroads.
    Don’t get stressed unless you strike out on both of these.
    If it can’t be sorted then get PS to replace the bike as you bought a brand new bike, not a second hand (IE Repairable write off) and that is not what was supplied (Absolute last resort).
  3. I'd be going into Peter Stevens to get it sorted, and I'd be taking the "New Vehicle" registration papers that PS and yourself signed to VicRoads.

    My guess is that it's going to be a human-computer transcript error. One digit will be off between some bike they entered into their database, and your new bike, and your new bike just happens to have that same incorrectly entered number.
  4. Thanks for your advice guys!
    Is it possible someone on the street has jotted down my VIN and used it in an insurance job?
    What details are normally required in a write off?
  5. Possible… Yes.
    In 4 weeks likely… No
    I’d back FLUX & say transcription error.
    It just comes down to if people are going to acknowledge it and then it should be easy, if it is going to take some jumping up and down to get action.
  6. Alright, I'm going to go into PS tomorrow and I will be asking some serious questions
    Thanks for the advice.
  7. Remember as your starting position, if FLUX is right, it is someone at Vicroads or the like that has made the error, not someone at PS
  8. My view is it was probably a clerical error at Vicroads and not someone at PS, but I will be working my way up the tree as I think it'll be easier to query PS before Vicroads
  9. Yeah, and as a business they may have a little bit of influence in the right areas and/or know who to talk to so they may be able to either call or at least point you in the right direction.
  10. Errors happen...
    Years ago, bought a 1 year old Mazda for my wife where 12 months rego was included in the deal. 2 - 3 weeks later got a notice from VicRoads stating the car was not registered...... WTF

    Returned to the dealer and he said that they'd paid it in a bulk cheque as they had a few cars to renew and did them all together.
    To cut a long story short as this went on for a further week or two with many calls, I got a copy of the list of regos paid by the dealer and noticed that the Y on my wifes rego was not clearly written and looked a little like a V. (things were hand written those days)

    So I called VicRoads and explained what I think may have happened and asked them to check the the rego similar to my wifes car but with a V rather than a Y. First they told me that I had no right to ask such a thing but after numerous arguments with different people at VicRoads they finally checked and found that there was a mistake with a double payment made on that other rego....

    Finally after weeks of arguing and threats about driving an unregistered car it was all sorted out.

    I'd say yours will end up being an error somewhere along the line.
  11. Joe, In a situation like that I would have thought a good dealer would have done the chasing for you.
    Pretty poor on there part.
  12. Agreed, but they pretty much washed their hands saying not to worry as it was paid....
    VicRoads on the other hand were saying it was not.....
    No way I wanted to pay it twice.
    Took nearly two weeks to get a photocopy of the rego list. As I said all hand written those days so too much trouble looking through the file cabinet...

    That Burwood Mazda dealer would never sell this bloke a car again!
    Sometimes (well most of the time) you have to take things in your own hands.
  13. To get back on track, I've called VicRoads and they say it all seems to look that way (duh).
    I have to lodge an official letter with them to get the process rolling and have 28 days to find a resolution otherwise my registration is cancelled and my bike is marked as a repairable write off.

    I now will follow up with my Insurance Company to see if any mistakes were made on their end and will follow up with PS to see if anything happened on their side. VicRoads say it was marked as Write Off on the 10th of May. Strangely enough I booked my bike in for servicing a week and a half earlier but cancelled it days later.
  14. The situation is quite simple.
    Send the letter to Vicroads as requested.
    Then send a letter to PS stating that:

    (i) You bought and paid for a new registerable bike;
    (ii) VR are saying that this is NOT a new registerable bike;
    (iii) If the rego is cancelled (evidence that this is NOT a registerable bike), you expect either;
    (a) a FULL refund;
    (b) a New registerable bike;
    be supplied immediately, on the grounds that PS (in breach of your agreement) did not supply a NEW registerable bike. Failure to do so means you will immediately take the matter to teh appropriate authorities, or sue for breach.

    Basically, they have potentially breached the contract they have with you, to supply a new registerable bike.
    Using the word registerable eliminates the technical argument that they supplied you a new bike.
    (They may well have, but not a registerable one.)
    As they didn't you are entitled to performance of the contract, or damages.
  15. thetramp64, a call to VicRoads has told me that it was marked as Repairable WriteOff on May 10th, so it was definitely sold me to me as a proper bike.
    It appears someone is pulling a dodgy on me.
    I've faxed VicRoads with a serious letter and will be calling every day looking for resolution.
    My concern is that after calling my insurance company, to write off a bike is a very deliberate act in which someone needs my name/registration/vin so it appears that someone has my personal details. This is what concerns me most of all.
  16. So you are saying your Insurance company has written it off under your policy?
    Oh there is some nasty fraudulent $hit going on there. It looks like Someone you know is really asking for a good solid kick in the teeth.
    Once you have this sorted, it could be worth doing some investigations among your “Friends” and deciding if you want to maintain there acquaintance.
  17. Didn't Vicroads staff get convicted of doing something like this themselves in the past (although not with new vehicles)? IIRC there was no compensation for the victims, though.
    Better hope it's a mistake.
  18. Nonono not what I'm saying at all.
    I called them up to ask if they did it and they confirmed they hadn't.
    The really helpful claims manager explained that it is a very deliberate process.

    The short story is that when I find out who the person is, I will be definitely seeking some sort of action.
  19. Ah mea culpa. Then write to VR and explain it all. Offer to bring the bike in for an "examination" so they can see it's as new.
  20. This is absolutely my line of action
    I am more than willing to take the bike in for inspection
    What a headache