Like to know my rights. Victoria. I am proud owner of a classic porche and i had an engine rebuild by a porsche

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. I’m so glad you contacted us about your situation. I will give you a direction to consider moving forward. I know you’ve spent a lot of time on this already. Your patience here has been so important. If I understand you correctly I suggest the following:

​There are three steps you may take with this vital matter.

1. issue a formal complaint in writing to the other party, and if they refuse to respond, then follow step two;

2. Where the company has declined 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 other party warrants that goods or service are acceptable for their use/service.

Goods must be of acceptable quality, fit for purpose, match their description and match any sample or model.

Services must be rendered with due care and skill, must be fit for the specified purpose, and provided within a reasonable time.

The other party has several options they can provide, which include either repair, replace, refund, compensate, or cancel the entire contract and refund at their discretion.

What you need to do is to write a formal complaint. This complaint needs to be in a chronological order detailing what the issue is and what action you have taken to try and rectify the matter.

​The Victorian Civil Administrative Tribunal “VCAT” is perfect for meditating disputes. It forces the parties to come together to discuss the issues involved.

In most cases at mediation, the matter will settle.

Your case is civil.

You will be the applicant. The other party is the respondent.

The document you file in the tribunal is the points of claim. This correspondence needs careful preparation. I recommend you download the application first and complete the same. Then upload as required to commence the lawsuit.

Draft the complaint in a chronological order detailing the issue and what action you have taken to try and rectify the matter.

The alternative is to apply to the local court. In court, you may recover your legal fees.

The following link will assist you further:

www.vcat.vic.gov.au

You may also consider the option of using the small business commissioner as well.

www.vsbc.vic.gov.au

There are various help menus on the website that will assist you in finalising the application.

Make sure you have all your evidence for the case.

Once you lodge your application, you will receive notice from the tribunal with the next steps to follow.

​

I know it isn't easy to deal with issues like this, but you're handling it so well.

I can hear your concern and your voice, and if you follow the steps I've suggested above, it will give you a direction to go.

I know you have a lot of choices, and there are various ways to move forward.

If there is anything else, big or small, that I can help you with today, please let me know?

I am so glad you contacted us, and I thank you for reaching out today.

Don't forget to accept the answer and click five stars in support of the community.