It seems a certain caravan manufacturer has left me with no choice other than start legal proceedings.
This has been going on since 2015.
My question is where do you start?
Do you go to FairTrading or somewhere else?
Cheers,
Larry
montie said
10:37 AM Apr 9, 2021
Larry, Your best and least expensive option is to lodge a claim through the Tribunal in your State. In Qld it's QCat, NSW is NCat, Vic is VCat.
I would recommend that you employ the services of a solicitor to prepare your claim but he will not be allowed to represent you at the Tribunal without special permission. It is not expensive to lodge a claim and all orders made by the Tribunal are enforceable.
The same as a court you will need to submit evidence, expert opinion, etc., to support your claim and you will be allowed to introduce an expert witness at the hearing.
Before a full hearing both parties will be ordered to attend a mediation conference to try to find a resolution and this conference will usually be chaired by a Tribunal member.
If you decide to make a claim make sure you include both the dealer and manufacturer as respondents in your claim.
-- Edited by montie on Friday 9th of April 2021 10:46:25 AM
Whenarewethere said
10:38 AM Apr 9, 2021
Fair Trading are very helpful & a good start & even if you don't complain via them you will pick up some good tips.
Also document every last rivet! Go back & get your paperwork in order, every conversation, every email. Date everything in a diary or master plan. Put everything in a lever arch folder.
It is mostly about administration to the nth degree.
montie said
10:44 AM Apr 9, 2021
Whenarewethere wrote:
Fair Trading are very helpful & a good start & even if you don't complain via them you will pick up some good tips.
Also document every last rivet! Go back & get your paperwork in order, every conversation, every email. Date everything in a diary or master plan. Put everything in a lever arch folder.
It is mostly about administration to the nth degree.
Office of Fair Trading (OFT) cannot make enforceable orders and really can only offer non committal advice.
Whenarewethere said
10:58 AM Apr 9, 2021
I started using them with an issue about the strata manager of our building. They were helpful.
Possum3 said
03:01 PM Apr 9, 2021
deverall11 wrote:
It seems a certain caravan manufacturer has left me with no choice other than start legal proceedings.
This has been going on since 2015.
My question is where do you start?
Do you go to FairTrading or somewhere else?
Larry, I will PM you some advice from experience - If you would like PM a message or phone contact No and I will call you back, a lot depends on which State you purchased your Caravan, The Dealer, The Manufacturer.
This subject would put some noses out of joint if openly posted on forum.
the rocket said
07:53 PM Apr 9, 2021
Hi deverell, havent heard from u for ages. sorry to hear you have had problems. Cant help just wanted to pop in n say hi to u n the misses. Hope you get some good advice.
deverall11 said
10:33 AM Apr 10, 2021
Thank you to all that took the time to reply. We are considering all your suggestions and will update if anything of significance changes. We are also considering selling the van as we are not sure if it is worth the fight. This was to be our dream van. Having owned one previous only, we learned a lot and designed our own floor plan. Found a manufacturer who would do that and were happy. We also paid a lot of money for this van but were happy to find that our floor plan design worked to perfection. Also had a few compliments from the dealer as he was sceptical at first. BTW, never had any issues with the dealer. Perhaps he may have over charged us but he conducted himself professionally and helped where he could. Cheers to all, Larry
Hello everyone,
It seems a certain caravan manufacturer has left me with no choice other than start legal proceedings.
This has been going on since 2015.
My question is where do you start?
Do you go to FairTrading or somewhere else?
Cheers,
Larry
Larry,
Your best and least expensive option is to lodge a claim through the Tribunal in your State.
In Qld it's QCat, NSW is NCat, Vic is VCat.
I would recommend that you employ the services of a solicitor to prepare your claim but he will not be allowed to represent you at the Tribunal without special permission. It is not expensive to lodge a claim and all orders made by the Tribunal are enforceable.
The same as a court you will need to submit evidence, expert opinion, etc., to support your claim and you will be allowed to introduce an expert witness at the hearing.
Before a full hearing both parties will be ordered to attend a mediation conference to try to find a resolution and this conference will usually be chaired by a Tribunal member.
If you decide to make a claim make sure you include both the dealer and manufacturer as respondents in your claim.
-- Edited by montie on Friday 9th of April 2021 10:46:25 AM
Fair Trading are very helpful & a good start & even if you don't complain via them you will pick up some good tips.
Also document every last rivet! Go back & get your paperwork in order, every conversation, every email. Date everything in a diary or master plan. Put everything in a lever arch folder.
It is mostly about administration to the nth degree.
Office of Fair Trading (OFT) cannot make enforceable orders and really can only offer non committal advice.
I started using them with an issue about the strata manager of our building. They were helpful.
Larry, I will PM you some advice from experience - If you would like PM a message or phone contact No and I will call you back, a lot depends on which State you purchased your Caravan, The Dealer, The Manufacturer.
This subject would put some noses out of joint if openly posted on forum.
Hi deverell, havent heard from u for ages. sorry to hear you have had problems. Cant help just wanted to pop in n say hi to u n the misses. Hope you get some good advice.
Thank you to all that took the time to reply.
We are considering all your suggestions and will update if anything of
significance changes.
We are also considering selling the van as we are not sure if it is worth
the fight. This was to be our dream van.
Having owned one previous only, we learned a lot and designed our own
floor plan. Found a manufacturer who would do that and were happy.
We also paid a lot of money for this van but were happy to find
that our floor plan design worked to perfection. Also had a few
compliments from the dealer as he was sceptical at first.
BTW, never had any issues with the dealer. Perhaps he may have
over charged us but he conducted himself professionally and helped
where he could.
Cheers to all,
Larry