What Should I Do?

[nathn_r33]

Hey guys. I have somewhat of a problem i paid for a car (from a good NSW car yard. cant say there name on here. ) and was told by the salesman and it was also on the tax invoice that the car was a gts-t. but i have later found out that the car was only a gts with gts-t bits on it. what should/ could i do?

[Coupe-This]

where they advertising it as a gtst or gtst mockup for lookalike. Or were they just selling it as a gtst. Has the whole car actually been converted to gtst specs like brake, 5 stud wheels, turbo, etc etc. If you can find documented proof Ie sales ad on the internet or better yet out of the paper. Then you have a leg to stand on as they can be sued for fraud if you wanted to get serious. Best thing todo would be go talk to them, say your not happy, and get your money back.

Otherwise things can get messy and expensive i thinks

[nathn_r33]

There was no mention of it being anything other than a gts-t i still have the taxinvoice that has on it that it is a gts-t. Yeah car has five stud, brake averything i know of that should be on a gts-t is on there but thats not the point.

[nathn_r33]

I have had a talk with a lawyer and contacted the car yard they dont seem to keen to help out . this is what the lawyer had to say.

The car yard appear to have acted in contravention of the Trade Practices Act 1974 by falsely representing to you that the car was a particular model. You have purchased a car believing that it was a more expensive model than the one you actually bought based on the description provided by the salesman and in the documentation provided. Whilst ultimately you could take the car yard to court, you are better off first contacting the car yard with your complaint and asking for your money back and to return the car or for them to compensate you for the difference in value between the two models. If they are not prepared to be reasonable you could mention that you will be making a complaint to the motor trades association and will have to consider legal action ultimately based on a the Trade Practices Act. If you demonstrate that you mean business they are more likely to negotiate a solution with you. You are well advised to keep a careful note of all conversations you have. If they are not prepared to be reasonable, you might find that the motor trades association of Australia are of assistance before considering legal action.

[satanic]

The fact that you bought the car from them means you performed a contract... you "relied" on the information advertised and in good faith went forward with the sale - this is what the "reasonable man" would have done in any situation.

All you need to do is talk to your lawyer... this is a sure win case. If a car is advertised as a GTS-T, then one would assume that it is just that and not a GTS modified to be a GTS-T.

Good luck and keep us in the know yeah?

[Coupe-This]

yeah for sure its a sure win case, get some info from nissan as well, like give them the vin number and get them to give you the cars information, it may have also had a color change among other things.

Especially if it says it on your receipt or tax invoice that the car is in fact a gtst and the file from nissan says otherwise, well you have something to shove in their as soon as they say it is in fact a gtst, and you will have printed documentation of it, and wont be saying things like, my mate said it wasnt.

I honestly dont know how you found out, if u noticed it yourself, or there was something just wrong.

But keepin it simple, Do as your lawyer said, and they will most likely not let it goto court, take it to a current affairs program also if you want. Although they mite turn it around and make it about skylines and imports are bad, mmmkay.

anyways, good luck with the case.

Keep us all informed !

[nathn_r33]

Thanks for your help guys. The way i found out was i had the vin number ran in nissans fast softwere.color and year was fine just the model. the car yard one of the biggest and best for skyline in NSW have been given a copy of the report from fast and from then on i have not had and contact with them coz they dont respond to my e mails. i think the next step will be to tell them i intend to take legal action.

[dangerous_daveo]

Dude, with this sort of stuff, never ever send an email. Or at least if you do, go down in person. If you make a loud fuss in front of their potential customers, they will get you out of sight rather quickly, email you just click deleat and its gone. Think atm you are in a situation where you are dealing with the two most low life people in the world. Lawyers, and Used cars salesmen.

[nathn_r33]

I would love to go down and see them but....... i tive in TAS so its not just up the road.

[Coupe-This]

make a call, as stated emails are simply click, meh, delete. If you send some one a threatening email, what do they care? delete, oh we never received that email. Call them up, talk to them over the phone. This way you can actually talk to them and you may be pleasantly surprised, most likely not, which is when u can simply remind them with the appropriate laws, and all the acts they have broken and all the information you have in hand which is indeed telling them they are incorrect and it is actually a gts not a gts-t.

calling is alot more personal. Mite cost, what a few dollars. big whoops

[dangerous_daveo]

Ahh, i see. If you ring them your going to have to sound nice, and not raise your voice at all. You want to avoild locking horns with them as much as you can.

[satanic]

I think you should play hard ball... you know you got the game already, just let fly with the threats and demands! If they don't budge, then just say "my lawyer will be in contact"

What have you got to lose right?

[nathn_r33]

i agree with making the call but if send e mails i have copies on my computer. this is what my layer said to do.if i dont get anything back from them within the next 2-3 days then i will call, start out nice and then some threats might start if i still dont get far.

[Vuster]

Hi mate. I think you should stuff the lawyers for now. First step is to write to the dealer expressing your issue and tell them that they have breached the TPA for misleading and deceptive conduct. Also tell them that if they fail to assist, you will be forced to contact the ACCC. Australian competition and consumers commission. They help consumers in these sorts of situations. I have done this before and the supplier immediately called me and gave me a refund. Try this first as lawyers will cost you. Also do not drive the car if you have already taken delivery.

Good luck mate.

[scathing]

What Vuster says.

Send them an email, but set your mail client to ask for a delivery receipt. Most mail servers have that option enabled, so you've got a record of it arriving in their mailbox.

Should they not read it or delete it, that's not your issue. The message got to them - its their responsibility to read their business communications.

If you do make phone calls, make meticulous notes afterwards so you remember what you said. I wouldn't suggest recording it since you might violate the privacy act, but written notes are fine. If it does go all the way to court, the fact that you can "recall" everything that was said will come in your favour.

[dezz]

What Vuster says.

Send them an email, but set your mail client to ask for a delivery receipt. Most mail servers have that option enabled, so you've got a record of it arriving in their mailbox.

Should they not read it or delete it, that's not your issue. The message got to them - its their responsibility to read their business communications.

If you do make phone calls, make meticulous notes afterwards so you remember what you said. I wouldn't suggest recording it since you might violate the privacy act, but written notes are fine. If it does go all the way to court, the fact that you can "recall" everything that was said will come in your favour.

<{POST_SNAPBACK}>

better yet, when you ring them, before anything is said, tell them who you are, why you're calling, and that the call is being recorded. i dont think its illegal as long as the other party knows about it

[scathing]

I would suggest not making threats. Be courteous, but be firm. Especially since you can't do it in person, in front of a whole bunch of customers. People can be heroes on the telephone (just like on the Internet) but people can just as easily hang up on you.

Being contentious gets you nowhere, and it'll just drag out a resolution.

If they advertised the vehicle as a GTS-t and that's not what you got, then yes they violated the Trace Practices Act. The ACCC expects you to try and work things out with the retailer first. Only when you can't should you lodge a complaint with them.

At that point they'll have a look and tell you what they think (from what you've said, this should be an open and shut case) but they'll try going through arbitration with the retailer.

If the resolution of arbitration falls though (the retailer will probably be told to either cough up a full refund or find you a GTSt of condition similar to advertised, which you don't want since the guys will probably try and screw you over and its hard to find 2 second hand cars in the same "condition") because they won't give you the car, then it'll go to court. In that case they normally back up whatever the ACCC decides, but have the benefit of greater legal authority and penalties (which the ACCC doesn't have).

As you can imagine, this takes a shitload of time. When I was working for a computer retailer and I went through the TPA training, they said from "first complaint to the retailer" to "court order" can stretch out for over a year.

So, try and work it out with your retailer first. It'll be far quicker than going down the legal route.

There's no point being an asshole since the guys just won't want to help you out, but you're in the right so don't roll over. Get what you paid for.

[scathing]

better yet, when you ring them, before anything is said, tell them who you are, why you're calling, and that the call is being recorded. i dont think its illegal as long as the other party knows about it

The other party is allowed to refuse for the conversation to be recorded. If they tell you to stop recording, you have no option but to do so.

Considering how hard it is to set up a phone recording system (most residential phones don't let you splice a recorder to capture transmission) and all that effort can be lost by the words, "I don't want to be recorded", taking down notes is the "Russian pencil" option to the recording "American space pen".

[dezz]

The other party is allowed to refuse for the conversation to be recorded. If they tell you to stop recording, you have no option but to do so.

Considering how hard it is to set up a phone recording system (most residential phones don't let you splice a recorder to capture transmission) and all that effort can be lost by the words, "I don't want to be recorded", taking down notes is the "Russian pencil" option to the recording "American space pen".

<{POST_SNAPBACK}>

but taking notes, how can you even go close to proving that what you wrote, is what was said. you cant. you can take notes without even making the call.

[justin911]

you can record a conversation that takes place in person or over the phone and you dont have to tell them there being recorded.

Thats how it is in vic anyways

Edited August 27, 2005 by justin911