I had bought a car recently and had it for roughly a month and a half and throughout that time many things went wrong

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

In relation to your matter, was there any form of correspondence between the parties in written form additionally to what you have told me already.

All motor dealers in Queensland must have a licence to sell:

• used cars
• other used vehicles.

When you buy a used car from a licensed dealer, you are entitled to:

• a statutory warranty (in some circumstances)
• a cooling-off period of 1 business day
• a guarantee of clear title on the vehicle
• access a claim fund, which may compensate you if you suffer financial loss because of the motor dealer's actions.

If a motor dealer sells a vehicle privately, they must tell you they are a licensed dealer.

Statutory warranty covers you when the vehicle’s:

• odometer reading is less than 160,000km
  and
• date of manufacture is less than 10 years before the sale date.

The warranty expires after 3 months or the first 5,000km.

Your statutory warranty will cover most defects. Your vehicle has a defect if a part:

• does not do what it is supposed to do
• has worn out so much that it no longer works.

A statutory warranty does not cover defects in:

• tyres or tyre tubes, batteries, fitted airbags or radiator hoses
• lights (other than a warning light or a turn indicator light used as a hazard light)
• installed radio, tape recorder or CD player
• aerial, spark plug, wiper rubber, distributor point, oil or oil filter, heater hose, fuel or air filter
• paintwork or upholstery.

Statutory warranty also doesn’t cover:

• accidental damage due to your own misuse or negligence
• anything that you fitted to the vehicle after the time of sale.

You may have a claim under section 18 of the Australian Consumer Law for misleading and deceptive conduct. 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.

An objective test is used to decide whether conduct is misleading or deceptive. The court or tribunal will consider whether the conduct was likely to mislead or deceive members of the class or group of persons to whom the conduct was directed.

The seller cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Your claim may be brought into the local tribunal.

You can run the case yourself as the tribunal is designed as a low cost forum to resolve disputes.

The QCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint 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 numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

https://www.qcat.qld.gov.au

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All motor dealers in Queensland must have a licence to sell:

• used cars
• other used vehicles.

When you buy a used car from a licensed dealer, you are entitled to:

• a statutory warranty (in some circumstances)
• a cooling-off period of 1 business day
• a guarantee of clear title on the vehicle
• access a claim fund, which may compensate you if you suffer financial loss because of the motor dealer's actions.

If a motor dealer sells a vehicle privately, they must tell you they are a licensed dealer.

Statutory warranty covers you when the vehicle’s:

• odometer reading is less than 160,000km
  and
• date of manufacture is less than 10 years before the sale date.

The warranty expires after 3 months or the first 5,000km.

Your statutory warranty will cover most defects. Your vehicle has a defect if a part:

• does not do what it is supposed to do
• has worn out so much that it no longer works.

A statutory warranty does not cover defects in:

• tyres or tyre tubes, batteries, fitted airbags or radiator hoses
• lights (other than a warning light or a turn indicator light used as a hazard light)
• installed radio, tape recorder or CD player
• aerial, spark plug, wiper rubber, distributor point, oil or oil filter, heater hose, fuel or air filter
• paintwork or upholstery.

Statutory warranty also doesn’t cover:

• accidental damage due to your own misuse or negligence
• anything that you fitted to the vehicle after the time of sale.

You may have a claim under section 18 of the Australian Consumer Law for misleading and deceptive conduct. 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.

An objective test is used to decide whether conduct is misleading or deceptive. The court or tribunal will consider whether the conduct was likely to mislead or deceive members of the class or group of persons to whom the conduct was directed.

The seller cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Your claim may be brought into the local tribunal.

You can run the case yourself as the tribunal is designed as a low cost forum to resolve disputes.

The QCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint 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 numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

https://www.qcat.qld.gov.au