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Jessica
Consultant
John Melis, Expert
Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.
I kindly request that you please clarify your question?
John Melis, Expert
There are three steps you may take with this important matter.
1. issue a formal complaint in writing to the company and if they refuse then follow step two;
2. Where the company has refused to assist you, the next step is to write s formal complaint to the ombudsman, but this can be a lengthy process. If you are not able to wait out the time, you can follow step 3.
3. You will have a claim under the Australian Consumer Law based on the facts that you have described and you will be able to claim compensation. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2.
The company warrants that goods or service are acceptable for their use/service.
Goods:
a. Goods must be of acceptable quality
b. Goods must be fit for purpose
c. Goods must match their description
d. Goods must match any sample or model.
Services:
a. Must be rendered with due care and skill
b. Services must be fit for the specified purpose.
c. Services must be provided within a reasonable time.
The company has several options they can provide where goods or services have not meet the requisite standard. The seller can either repair, replace, refund, or compensation.
What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.
The chronological order need to be be numbered with points 1, 2, 3, etc. with each point being a separate item.
The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 7 days to apply.
The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.
Preferably send the complaint by email.
If you do not receive a reply within 7 days issue a follow up complaint to the first complaint issued.
If no response is received then it is time to commence an action in the local Magistrates Court.
You can lodge this claim directly on their website. The key element of the claim is the points claim that details the matter, This application point will need a little time to prepare the facts, and I recommend that you download the application first, review, fill it out, and then when you are ready lodge the same online
You may also have a claim of misleading conduct by the seller, under section 18 of the Australian Consumer Law. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.
The company cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.
Would you like to try this option of the complaint first
John Melis, Expert
What you need to do is register your interest on the Personal Property Securities Register (PPSR). This Register will protect your right of claim to the vehicle where your father attempts to claim ownership to the machine.
The PPSR is a government system to show to the people who owns what equipment.
The earth moving machine fits into the registration of the PPSR.
The following is the link to PPSR
This link is for registrations:
https://www.ppsr.gov.au/registrationsWhat you need to do is register your interest on the Personal Property Securities Register (PPSR). This Register will protect your right of claim to the vehicle where your father attempts to claim ownership to the machine.
John Melis, Expert
Basically what you're doing is doing two things one is securing your rights to is seeking compensation
John Melis, Expert
Necessarily there may be an argument in your case as an innocent purchaser of the vehicle, you may pursue specific performance in this particular instance
John Melis, Expert
You need to raise a claim in the court if the vehicle is repossessed or taken from
John Melis, Expert
You are welcome, and thank you for supporting the community.