Caravan cancellation
Submitted: Saturday, Jul 07, 2007 at 19:09
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JimDi
Some of you may remember a thread I posted regarding purchasing a caravan at the 2006
Brisbane caravan show and then cancelling after I was unhappy with viewing a similar model. My concern was its apparent inability to travel off road. The dealer confiscated my $6500 deposit and left me standing at the alter.
Well.... after a number of "requests" from my solicitor which he ignored. An attendance in court in which the company failed to appear,lodge a defense and plain just did not turn up. The sun shone on me finally after a year and about $11k later.
So he has 7 days to pay me back my deposit. Or I will proceed to Supreme court with deregistration.
Maaate...... if you are logged on to this site and reading this make my day.
JimDi
Reply By: landseka - Saturday, Jul 07, 2007 at 19:28
Saturday, Jul 07, 2007 at 19:28
Congratulations JimDi .. would have been a long, hard slog for you. Hopefully, he'll be paying up before it reaches the Supreme Court stage.
Will he be paying your costs as
well?
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Follow Up By: JimDi - Saturday, Jul 07, 2007 at 19:42
Saturday, Jul 07, 2007 at 19:42
At this point no. But if he tries to defend now he may be liable for all costs if he then loses which is likely.
I honestly beieve he will ignore the judgement,which will allow me to proceed.
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Reply By: Member - John (Vic) - Saturday, Jul 07, 2007 at 19:30
Saturday, Jul 07, 2007 at 19:30
Fingers crossed the company has some assets or your chasing your tail.
Based on his attitude to date I would say he will fold the company and your left with nothing.
Good luck anyway.
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Reply By: JimDi - Saturday, Jul 07, 2007 at 19:47
Saturday, Jul 07, 2007 at 19:47
It is a major dealership on Brisbanes southside. However you may be right. But I dont care. I am still trying to get Qld Dept of Fair Trade to take their feet off the desk. I still have ASIC to go to. And finally the media when its all over and I have nowhere else to go, but the story will only be juicier.
I will also go to a Federal govt dept.
I wrote my deposit off from day one but told all concerned including the CEO of the WA parent corp. that it would be the hardest money they ever earned.
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Reply By: Big Woody - Saturday, Jul 07, 2007 at 20:01
Saturday, Jul 07, 2007 at 20:01
Hi JimDi,
In light of the fact that you may have pending Supreme Court action to go through before this matter is over, may I suggest that it may be in your best interest not to post anything at all about the case and certainly not any hints as to who the opposing party may be, until the whole issue is finalised.
I would hate you to go this far and have it all come undone because of an innocent thread on a
forum.
Regards,
Brett
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Reply By: JimDi - Saturday, Jul 07, 2007 at 20:13
Saturday, Jul 07, 2007 at 20:13
Sure,will do.
But you know you just get tired after a while. The law seems to be there to protect the criminal or the unjust.
But at the end of the day you are right. Thanks for the warning signal.
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Reply By: Crackles - Saturday, Jul 07, 2007 at 21:01
Saturday, Jul 07, 2007 at 21:01
Always a gamble buying a product at a show on a company's recommendation without having time to properly research it's quality or get some real feedback from other owners. It always amazed me in the past at the huge number of impulse buys by people due to "show specials". Something that costs so much probably deserves a bit of homework prior. No doubt the same
suspension was on the van at the show when you ordered it so I fail to see why it's the dealers fault for YOU changing your mind, unless of course the salesman talked up the vans off-road ability more than it was capable of? I would of thought the sales contract would have been clear about refunds & cooling off periods. Buyer beware.
Cheers Craig..........
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Follow Up By: lifeisgood - Saturday, Jul 07, 2007 at 21:25
Saturday, Jul 07, 2007 at 21:25
And the same thing will happen this weekend --at the Melb. Boat show. And only $99.95 per week (for life)
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Follow Up By: JimDi - Saturday, Jul 07, 2007 at 23:44
Saturday, Jul 07, 2007 at 23:44
Crackles,
NO contract signed. AND yes the salesman talked up the sale. NEW model. NEW concept. Major company. All Australian. Believe me I am 60 yrs old thought I had seen and heard it all.Believed I was dealing with a reputable company.
AND to top it off the CEO agreed that they did not make off road vans.
He suggested I buy a BUSHTRACKER. And that from the BOSS.
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Follow Up By: Motherhen - Sunday, Jul 08, 2007 at 15:21
Sunday, Jul 08, 2007 at 15:21
Hi Craig - I can see Jim's point and is it not a change of mind. When we started looking at caravans, we went to the WA
camping show, where only two major players in the caravan market had "off road" models on display. The salesman of one had us almost convinced. No mention of breaching warranty if we went off road, no fine print shown. Calling a model not designed for off road as off road should be considered illegal! I'm glad we then went out and bought a cheap old similarly labelled off road camper and went on holiday, all the time looking at other people's rigs. That is how we met some Queenslanders with their Bushtracker, and out future was set.
Good luck Jim and Di - may your fight end up putting your dollars back in your pocket.
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Follow Up By: JimDi - Sunday, Jul 08, 2007 at 18:47
Sunday, Jul 08, 2007 at 18:47
Thanks Motherhen. If all goes
well I will probably lose about $3K. Fingers crossed. But to me that is better than paying $65k for something that was not fit for purpose. So the way I look at it is I am older,wiser I hope,and better off by $60k.
As soon as this is behind me I am into either a bushtracker or maybe kedron. It has been a tough lesson but nonetheless a good lesson.
When I was in business(and I had a couple) this is what my wife would have called a "paid for out of our pocket" experience.
Life goes on as we all know and I will put this all behind me. But..every opportunity I get I will pass on my experience with the mob concerned.
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Reply By: lifeisgood - Saturday, Jul 07, 2007 at 21:19
Saturday, Jul 07, 2007 at 21:19
I fear for where you are heading . You have seemingly lost $17500 already. Court costs and Barrister etc per day are horrific.
"Justice" can be expensive . Hope you dont win the battle but lose the war (your shirt) Good luck
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Reply By: Muzzgit [WA] - Sunday, Jul 08, 2007 at 00:27
Sunday, Jul 08, 2007 at 00:27
Like I said before, make lots of noise, give him hell, make sure he regrets the day he met you.
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Follow Up By: JimDi - Monday, Jul 09, 2007 at 17:37
Monday, Jul 09, 2007 at 17:37
Muzzgit,
I know what you mean. But I am sure we are both already regretting that day. I know I have.
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Reply By: greggu - Sunday, Jul 08, 2007 at 20:06
Sunday, Jul 08, 2007 at 20:06
mate its up to you of course but if you want to name this low life ashole then can i tell you a some years ago i worked as a volunteer announcer for a community fm radio station and when we named some of these rogues we always make it an allegation or we alledged an issue - an allegation is not a statement of fact its just an allegation and can not really be tested in a court of law according to the legal advice we had at that time - this may be of some use to you in a case like this as you can allege this low life did such and such and they cannot take action against you with any hope of success in a court of law
best of luck with the matter - there really are some low life out there who deserve to be named
see you greg
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Follow Up By: Tahiti Blue - Monday, Jul 09, 2007 at 09:04
Monday, Jul 09, 2007 at 09:04
Congratulations Jim, on your campaign thus far. You have my support as you know, and I have a similar issue to resolve although
mine is a warranty avoidance issue, against a "caravan manufacturer" I would take care in NOT naming anyone publicly, although it wouldn't take much to work out who you are referring to. I had been accused of this on a caravanning
forum recently. I have sent you an email today so you will know who I am.
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Follow Up By: JimDi - Monday, Jul 09, 2007 at 17:35
Monday, Jul 09, 2007 at 17:35
Greg,
Thanks, and yes soon, soon.
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