I need legal advice for a case. I am in Victoria, Melbourne. I am trying to contact a nice lawyer. I just want to talk

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Customer: I need legal advice for a case.
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Customer: I am trying to contact a nice lawyer.
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Customer: No! I just want to talk to a lawyer for my case.
Answered by John Melis in 1 hour 2 years ago
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John Melis
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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.

How long has this been going on for, has it been for quite awhile?

Customer
Need urgent Legal help!!I need help regarding a case, I bought a car from a lady named “Petra Oates” on 1st of july, I checked everything before buying such as PPSR report and also called Vic roads to check the ownership of the car. After checking everything I bought the car with complete paper work (receipt and Vic transfer paper). Next day I got the RWC done and got the car transfer in my name on 3rd July.On 10th July I got a call from Police and have been told that this car has been reported as stolen. According to them that lady bought a car from Volkswagen dealership using a stolen Credit card. I don’t know how they sold the car to that lady without checking her details or credit card information.Police took my car from me and said it will be under custody till you claim the car in the court and win the case. That car was my only source of income as I am a uber and menulog driver. I need a LAWYER or someone with legal knowledge to help with that case. Any help will be appreciated.I tried to reach many lawyers and contacted Victoria legal Aid, however because of Covid conditions they are busy and can’t assist.
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John Melis, Expert

You can seek resolution in the following way and claim compensation as well.

I recommend that you file a claim as soon as possible.

What you need to do is issue a formal complaint in writing to the other party, seeking an assessment/review on the matter, and that you require a response within 7 to 14 days subject to your requirements.

Make sure you enclose al factual evidence you have with the correspondence that you send to the other party.

When you draft this correspondence make sure it is in chronological order that is by listing with numbers example; one, two, three, etc.

The more detail you provide it will assist in resolving the specific matter in a timely way.

Where no response is received and you have reviewed the conditions carefully on the agreement if there are any, and you are still not in satisfied with the situation that is occurring, you can then raise a claim in the Tribunal or Court.

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.

COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2

The Australian Consumer Law

18 Misleading or deceptive conduct

(1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.

(2) Nothing in Part 3-1 (which is about unfair practices) limits by implication subsection (1).

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 VCAT 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.vcat.vic.gov.au

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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.

COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2

The Australian Consumer Law

18 Misleading or deceptive conduct

(1) A personmust not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.

(2) Nothing in Part 3-1 (which is about unfair practices) limits by implication subsection (1).

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 VCAT 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.vcat.vic.gov.au

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Hi,
I just want to know would be able to help me to claim my car or money back?
I got the court date from police to go and fight the case against Volkswagen to claim the car.
I am just confused how will I do it and what will be the costs associated with it. As I cannot spend too much, I have already lost too much.
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John Melis, Expert

You will be able to raise a claim. You just need to follow the steps I've noted above, and you can run the case yourself.

Customer
I don’t need to have a lawyer? What if they confuse me with some legal terms I won’t be able to argue with them in that case. Do you have any idea how will I get a civil lawyer? Or any lawyer provided by govt.
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John Melis, Expert

You can utilise a lawyer, but you're going to need to pay the lawyer, and it can be an expensive exercise. What you can do is use a lawyer part time to help you run your case as you raise the claim this way you can still manage the cost associated with running the case and winning on the same

Customer
Okay. May I know how much the lawyer will charge me? And are there other costs involved like to pay for the court or opposite party’s lawyer if I lose the case?
Customer
how can I file a formal complaint against the other party as you mentioned above in the chat?
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John Melis, Expert

each lawyer charges differently and you just need to obtain quotes from lawyer that is the best way forward

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