HUGE PROBLEM WITH FTO DEALER IN SYDNEY

[shaz]

hi
i have a problem with my sunroof & although i have taken the dealer
that i bought my car from to the dept of fair trading twice, he is still mucking me around.This has been going on nearly 12 months & although the dealer was told to pay me an amount to have my roof repaired he has refused & claims that the tribunal has not treated him fairly.the dealer has now requested a rehearing.
what i need to know is if anyone out there bought their car from Gary Blogg Motors at granville & if so have you had any problems with him doing warrantee work.
any help would be great
thanks
SHAZ

[SilentBob]

Ive shopped there but never bought anything
it was one of the stops on my 'fto search' 12mths ago
the seemed ok, though im pretty sure they had a few dodgy models, like the yellow gpx which has been there for ages

hope you get your probs sorted

SilentBob

[smorison]

i would simply tell him that seeing the matter has been decided on by the DOFT if he doesn't comply you will take the matter to the civil courts where it will really start costing him money in legal fee's plus the cost repairing the sunroof.

Also metion to him that if he doesn't comply he will be listed on the FTO Club of Australia's website (where all prospective FTO and other car buyers come) NOT to shop there.

you should also put a complaint at notgoodenough.com.au

[ruchi]

I know in VIC, and assume the same for NSW, the DOFT can only apply a ruling they cannot enforce it. For it to be enforced you will have to take it through the civil courts and it will cost you money, and trust me, although you will try to claim back your legal expenses, you will still be out of pocket.

Another route to consider is to take it up with a debt collector, as you should have enough documentary proof (the DOFT ruling) to justify this. The beauty of a debt collecter is that it shows up on his credit record and this was cause problems for him either personally or business wise and make it harder for him to get credit, given that it will show he has outstanding unpaid debts. There's some real arm twisting power in that!

[smorison]

so what exactly is wrong iwth the sunroof anyways????

its not like a $20.00 bit of plastic by any chance?

[FTO338]

Thats a very good point ruchi, but if these guys are dragging there time, that mean they expecting debt collecters.

Thanks to stupid Australia legislation, all they have to do is start a new company with new directors, & trading as "Gary blah blah blah" & the original directors can become just company mangers but still perform the same duty.

The perfect example would be Jerry Harvey, Crazy John, Alan Bond. All these people had declared bankrupt numerous time, but they are still millions if not billionaire.

I'm not here to teach anyone how to cheat the system, but by providing these information, hopefully people will think twice that is it worth all these hassle & money to bring down someone/company but at the end of the day they still get the last laugh

[ruchi]

LOL love your signature Kev

I don't think they'd be expecting a debt collector, rather I would expect them to be thinking that shaz won't do anything legally due to the cost, and it would appear that so far they are right.

The process of going bankrupt actually costs thousands of dollars, a cheap liquidation firm will still charge at least $15K, then there's all the hassles of the legal paperwork and re-establishing accounts with everyone. It's not worth it unless they owe hundreds of thousands or more.

Just to clarify, when I say try a debt collector, I'm not talking about the type that will knock on their door with two heavies wearing dark sunglasses and cracking knuckles, although that could work . Debt collection is actually a very professional and lucrative business and there are many reputable firms around that do things legally.

If it is the company who owes shaz money, then a debt collector would contact them on her behalf, and if they refused to pay, the debt collector would start adding their own fees on top of the debt, which the car company would be liable for, not shaz, and it would be recorded in their company credit file. Given that most dealers work on a rotating credit base from their bank or financier, this could hurt them if they ever needed to increase their limit or applied with another institution for credit. Trust me, they won't want a blemish on their credit file, it will only cause them issues, and for the sake of a few thousand dollars (if that) they should pay her out before risking their credit file.

[FTO338]

Thanks ruchi. Yeah the signature is just in case for those smartass lawyers & cops read this forum ehehehehehe

Well i think u already know i was in finance for numerous years, & the amount of dodgy dealers i went through is unbelievable. Theres people with do anything just to avoid even paying $10 back to the customer, & the customer end up paying thousands of dollars on legal proceeding, not to mention all the time & effort wasted.

The simple truth is if they are prepare to avoid any fines or legislations, they won't follow the "proper" procedure. So all the text books & law books are down the drain.

Credit rating in Australia are so overrated, you can have a new fresh clean credit rating every year if you know the procedure, & its absolutely legal as well. With so many different type of lenders on the market these days, no one would have any problem to get a loan if they know where to look, even with no credit history.

[shaz]

thankyou for all your advise. and no it isn't a $20.00 part more like nearly $1800.00 the sun roof is totally not opening.If he doesn't pay i am going to round up some of my mates,get some signs together & hand out free lemons in front of his car yard because after all that is what he sold me a lemon. anyway i will let you guys know how it turns out
shaz

[Theremin]

You don't necessarily have to use a laywer or debt collector. You could just start your own action in the local small claims court. It will cost you a one-off filing fee (which the dealer will be ordered to pay if you win). Unless the matter is resolved it will eventually be heard and decided by a magistrate. Generally costs are not awarded, so even if you lose, it's only cost you the filing fee (which is not much) and your time. If you win, then you will get an enforceable judgment & your expenses.

You haven't given enough background info for me to say whether you're likely to win or not.