Thursday, Feb 15, 2007 at 13:11
JimDi,
I recently had exactly this type of dispute with my insurance company over a stolen ‘Cruiser. Some of you will remember that
well documented fight – which I won!
It seems as if you’ve already started the process, but here’s what I would have done and done it without a solicitor. There’s a big advantage in doing this yourself – it costs nothing and sends a very important message to the dealer – it’s costing you nothing so he’s got no leverage there that could force you to back down. But it could cost him a lot of money for legal costs, possibly more than the actual deposit of $6,000.00, and his reputation in the market place.
Firstly - formulate a plan.
Next, I'd tell the dealer where you're going with this. You must write to the dealer and I’d copy to the Coromal Sales Manager. But when you write to them, stick absolutely to the facts with no hearsay, no libel and no slander. Before you write to them, try and remember every single detail of every conversation you've had with both Coromal and the dealer - and then write it down. Use MS Word to keep a running commentary of everything that's been said and done. This is vital - do not rely on your memory, it will fail you.
Then compose a strictly factual letter. No threats & no abuse as these things will backfire on you when it goes to court. End the letter by saying where you’re going with this – The Small Claims Tribunal for misrepresentation and “not fit for service as advertised or stated”. Tell them they have 14 days to reply and after that you’ll commence the legal proceedings if you do not receive an answer that includes an offer to repay the deposit in full.
If and when they contact you keep up that log of all that’s said and done to you. Annotating everything said and done, dates and times, names and titles will stand up very
well in court. It will enable you to be clear and concise in your presentation, it will show the judge that you are seriously aggrieved about the issue. This last item carries a lot of weight in a court. Judges and the court system have a lot of work to get through, they can't be bothered with waffle - having accurate notes helps the judge.
Do not tell the dealer or Coromal anything that you don't have to tell them. If you're going to lodge a claim against them via The Small Claims system, do not threaten them that you are GOING to do it - just DO IT and let the system do the work for you.
"Name and shame is dangerous game" and I wouldn’t do it until you’ve got the cheque in your hand or (perhaps) you’ve lost the case. Following either of these outcomes – “Name and Shame is then the game”. Plaster the dealers name over every
forum you can find – 4WDs, caravans and camping forums. There’s also a heap of “Not good enough” and consumer type forums that you can make use of. But make sure you stick to the facts – libel is expensive. It will also give you a modicum of satisfaction ;)
It was only attention to detail that got me across the line with a $47,000.00 insurance claim. It will get you across the line too, because most sales people of this type think that we’re stupid and we’ll roll over and accept what they say. It’s this attitude of these offenders that causes them to lose the case because they get sloppy and complacent about it. You’re just another punter to them. Don’t be “just another punter”
I’ve also won cases in the Western Australian Mining Warden’s Court, The Traffic Court, and The Magistrates Court for Rental Proceedings, precisely due to detailed presentation on my part and sloppy
bluff and bluster on their part.
I actually enjoy this type of stuff as I detest their arrogance and that’s what motivates me to screw ‘em. Too many of us let the system walk all over us – go for it and good luck.
Bilbo – “The Troublemaker”
AnswerID:
221873
Follow Up By: JimDi - Tuesday, Feb 20, 2007 at 12:42
Tuesday, Feb 20, 2007 at 12:42
Bilbo,
Sorry for the delay in replying. I am still taking in your reply and it seems the more I look at it the more sense it seems to be making. As I have been told by my friendly solicitor that costs (estimated) may/will blow out to $30K.
That is half the cost of the van in question plus the deposit with no end in sight. All I can say is that business must be good. I am now on a fast learning curve when it comes to consumer rights or the lack of them.
I will withdraw and think about your advice and try and adapt it to my situation.
Regards
JimDi
FollowupID:
483728