Author Topic: Advice, Legal or otherwise (Read 7514 times)

Campsite Cruiser · « **on:** March 17, 2014, 01:41:33 PM »

G'day,
After some advice.
Our NEW trailer has now been back to manufacturer 3 times for same problem. We consider it to be a significant issue. Company has now had our trailer for 2 months. Still won't tell us how its been fixed. Wont tell us when it will be returned. Want us to drive 700 k's one way to assess if they have fixed he problem (time we do not have, and they are the manufacturer). Have had department of fair trade involved. Now thinking legal avenues.
At no stage have we had to fork out any money to have trailer transported to them, but since we have owned it we have been unable to use trailer for over 3 months, so i guess when you factor in insurances and ergo, as well as not being able to go away it has cost us.
Thoughts anyone?

McGirr · « **Reply #1 on:** March 17, 2014, 01:48:27 PM »

What did the dept of Fair Trade suggest and what is the fault.

Mark

krisandkev · « **Reply #2 on:** March 17, 2014, 02:48:03 PM »

Have a look at the new fair trading rules because I believe they cover this. Kevin

dazzler · « **Reply #3 on:** March 17, 2014, 05:05:10 PM »

Without naming the company spell out exactly what the issue is otherwise I think we will be talking in riddles and the answer may evade us.

I am not familiar with the NSW law but work with the Qld one. If they are 'trying' to fix it in good faith there is not a lot that can be done until it becomes 'unreasonable'. Unreasonable would be dependent upon the circumstances. Unless they have behaved in an 'unlawful' manner then OFT's primary role is advocacy and advice.

cheers

Daz

DropBearRacing · « **Reply #4 on:** March 17, 2014, 05:10:06 PM »

Quote from: dazzler on March 17, 2014, 05:05:10 PM

Without naming the company spell out exactly what the issue is otherwise I think we will be talking in riddles and the answer may evade us.

He's signature suggests that it's a complete campsite trailer.

dazzler · « **Reply #5 on:** March 17, 2014, 05:21:55 PM »

Quote from: Dogsta on March 17, 2014, 05:10:06 PM

He's signature suggests that it's a complete campsite trailer.

"without mentioning the company"

Campsite Cruiser · « **Reply #6 on:** March 17, 2014, 05:32:52 PM »

Thanks Dazzler,
Trailer has had significant water ingress through roof seal. The second time it went back i told the company the roof had a dip in it and a gap under the seal. It came back, dip was still there and it leaked again. it has gone back again, they have had it 2 months now, apparently the roof has been straightened, but they are not telling me how, despite asking several times. They asked me to come down to inspect it, but i cannot find the time (its 700km one way). They say they have tested it and it doesn't leak. Department have inspected it and say it appears to have been repaired professionally. Many emails have been exchanged with the last one the company stating they will return it, but as they have not had the chance to take it out in the rain to do all possible checks that if we want it returned, then if any future leaks the trailer will need to be returned at our expense. They haven't said they won't repair any future leaks, just won't pay transport costs. Been a frustrating 14 months.

D4D · « **Reply #7 on:** March 17, 2014, 05:37:34 PM »

Do you have any pics?

Dingo0163 · « **Reply #8 on:** March 17, 2014, 05:49:55 PM »

Why do they have to take it out in the rain ? Can't they hose it , hit it with a pressure wash or if it's packed up take it through a car wash.

dazzler · « **Reply #9 on:** March 17, 2014, 06:12:16 PM »

Quote from: bromleyharon on March 17, 2014, 05:32:52 PM

Thanks Dazzler,
Trailer has had significant water ingress through roof seal. The second time it went back i told the company the roof had a dip in it and a gap under the seal. It came back, dip was still there and it leaked again. it has gone back again, they have had it 2 months now, apparently the roof has been straightened, but they are not telling me how, despite asking several times. They asked me to come down to inspect it, but i cannot find the time (its 700km one way). They say they have tested it and it doesn't leak. Department have inspected it and say it appears to have been repaired professionally. Many emails have been exchanged with the last one the company stating they will return it, but as they have not had the chance to take it out in the rain to do all possible checks that if we want it returned, then if any future leaks the trailer will need to be returned at our expense. They haven't said they won't repair any future leaks, just won't pay transport costs. Been a frustrating 14 months.

Solely from a legal perspective it appears they have met their obligations. They are not obliged to tell you how they fixed it though it would be a strange thing not to.

They are also not obliged to pay transport costs unless of course THEY have moved since you brought it from them. If you bought it living 700k's away then the onus on transport would be on you.

Sounds like a brake down in communications which is difficult to fix sometimes.

So solely from a legal perspective they appear to have met their obligations.

My advice - deep breath, wait till it rains and they give it back to you. If its fixed its fixed. If its not then your world of pain gets deeper sadly.

Truly best of luck.

Mik01 · « **Reply #10 on:** March 17, 2014, 06:30:11 PM »

Quote from: dazzler on March 17, 2014, 06:12:16 PM

Solely from a legal perspective it appears they have met their obligations. They are not obliged to tell you how they fixed it though it would be a strange thing not to.

They are also not obliged to pay transport costs unless of course THEY have moved since you brought it from them. If you bought it living 700k's away then the onus on transport would be on you.

Sounds like a brake down in communications which is difficult to fix sometimes.

So solely from a legal perspective they appear to have met their obligations.

My advice - deep breath, wait till it rains and they give it back to you. If its fixed its fixed. If its not then your world of pain gets deeper sadly.

Truly best of luck.

Dazzler, doesn't fair trading act provide for refund if the good isn't as advertised or doesn't perform to the standard advertised? I'm paraphrasing of course.
Used to deal with this all the time in mobile phones. Law is tougher now to support the consumer gaining a refund.

dazzler · « **Reply #11 on:** March 17, 2014, 06:36:41 PM »

Quote from: Mik01 on March 17, 2014, 06:30:11 PM

Dazzler, doesn't fair trading act provide for refund if the good isn't as advertised or doesn't perform to the standard advertised? I'm paraphrasing of course.
Used to deal with this all the time in mobile phones. Law is tougher now to support the consumer gaining a refund.

Yes but the story so far is a looooong way from not fit for purpose. More a "pain in the butt" by the sounds of it.

Interestingly recently one of the fair trading conciliation officers had a win with a vehicle that had been back to the shop about five times for various issues. The dealership paid the owner out and took it back.

cheers

Mik01 · « **Reply #12 on:** March 17, 2014, 06:59:25 PM »

I suppose its all perspective, however leaking camper would seem to not be fit for purpose, particularly if the fault is more than insignificant and not repaired. Although, it sounds like they are repairing.
They really should be offering some sort of compensation as customer goodwill. Some sort of upgrade or add on for your time and trouble. Have you asked?
Best way to resolve a dispute is to work out what would make you happy, considering the nature and scope of the issue, and asking for it in a non emotional manner. You would be surprised how easy it can be to receive something for your trouble. You could offer to be an advocate for them online, as to how good they were to fix your issue...

dazzler · « **Reply #13 on:** March 17, 2014, 07:05:23 PM »

It just dawned on me why you are having water troubles;

You have an "Exodus 14";

21 Then Moses stretched out his hand over the sea, and all that night the Lord drove the sea back with a strong east wind and turned it into dry land. The waters were divided, 22 and the Israelites went through the sea on dry ground, with a wall of water on their right and on their left.

23 The Egyptians pursued them, and all Pharaoh’s horses and chariots and horsemen followed them into the sea. 24 During the last watch of the night the Lord looked down from the pillar of fire and cloud at the Egyptian army and threw it into confusion. 25 He jammed the wheels of their chariots so that they had difficulty driving. And the Egyptians said, “Let’s get away from the Israelites! The Lord is fighting for them against Egypt.”

26 Then the Lord said to Moses, “Stretch out your hand over the sea so that the waters may flow back over the Egyptians and their chariots and horsemen.” 27 Moses stretched out his hand over the sea, and at daybreak the sea went back to its place. The Egyptians were fleeing toward[c] it, and the Lord swept them into the sea. 28 The water flowed back and covered the chariots and horsemen—the entire army of Pharaoh that had followed the Israelites into the sea. Not one of them survived.

29 But the Israelites went through the sea on dry ground, with a wall of water on their right and on their left. 30 That day the Lord saved Israel from the hands of the Egyptians, and Israel saw the Egyptians lying dead on the shore. 31 And when the Israelites saw the mighty hand of the Lord displayed against the Egyptians, the people feared the Lord and put their trust in him and in Moses his servant.

Sooooooo - from my reading if you are a Pharaoh you are well and truly screwed!

NB - I reckon that was pretty good for an atheist

D4D · « **Reply #14 on:** March 17, 2014, 07:09:51 PM »

DropBearRacing · « **Reply #15 on:** March 17, 2014, 07:17:20 PM »

Quote from: dazzler on March 17, 2014, 05:21:55 PM

"without mentioning the company"

Doh.

They should of rolled it out of the shed yesterday afternoon, we had a mini cyclone. That would have put the repair to the test.

Barry G · « **Reply #16 on:** March 17, 2014, 07:22:30 PM »

Quote from: dazzler on March 17, 2014, 07:05:23 PM

It just dawned on me why you are having water troubles;

You have an "Exodus 14";

21 Then Moses stretched out his hand over the sea, and all that night the Lord drove the sea back with a strong east wind and turned it into dry land. The waters were divided, 22 and the Israelites went through the sea on dry ground, with a wall of water on their right and on their left.

23 The Egyptians pursued them, and all Pharaoh’s horses and chariots and horsemen followed them into the sea. 24 During the last watch of the night the Lord looked down from the pillar of fire and cloud at the Egyptian army and threw it into confusion. 25 He jammed the wheels of their chariots so that they had difficulty driving. And the Egyptians said, “Let’s get away from the Israelites! The Lord is fighting for them against Egypt.”

26 Then the Lord said to Moses, “Stretch out your hand over the sea so that the waters may flow back over the Egyptians and their chariots and horsemen.” 27 Moses stretched out his hand over the sea, and at daybreak the sea went back to its place. The Egyptians were fleeing toward[c] it, and the Lord swept them into the sea. 28 The water flowed back and covered the chariots and horsemen—the entire army of Pharaoh that had followed the Israelites into the sea. Not one of them survived.

29 But the Israelites went through the sea on dry ground, with a wall of water on their right and on their left. 30 That day the Lord saved Israel from the hands of the Egyptians, and Israel saw the Egyptians lying dead on the shore. 31 And when the Israelites saw the mighty hand of the Lord displayed against the Egyptians, the people feared the Lord and put their trust in him and in Mo
ses his servant.

Sooooooo - from my reading if you are a Pharaoh you are well and truly screwed!

NB - I reckon that was pretty good for an atheist

ROFLMAO!!!!
Love your work Darren!

Campsite Cruiser · « **Reply #17 on:** March 17, 2014, 07:35:29 PM »

Quote from: dazzler on March 17, 2014, 07:05:23 PM

It just dawned on me why you are having water troubles;

You have an "Exodus 14";

21 Then Moses stretched out his hand over the sea, and all that night the Lord drove the sea back with a strong east wind and turned it into dry land. The waters were divided, 22 and the Israelites went through the sea on dry ground, with a wall of water on their right and on their left.

23 The Egyptians pursued them, and all Pharaoh’s horses and chariots and horsemen followed them into the sea. 24 During the last watch of the night the Lord looked down from the pillar of fire and cloud at the Egyptian army and threw it into confusion. 25 He jammed the wheels of their chariots so that they had difficulty driving. And the Egyptians said, “Let’s get away from the Israelites! The Lord is fighting for them against Egypt.”

26 Then the Lord said to Moses, “Stretch out your hand over the sea so that the waters may flow back over the Egyptians and their chariots and horsemen.” 27 Moses stretched out his hand over the sea, and at daybreak the sea went back to its place. The Egyptians were fleeing toward[c] it, and the Lord swept them into the sea. 28 The water flowed back and covered the chariots and horsemen—the entire army of Pharaoh that had followed the Israelites into the sea. Not one of them survived.

29 But the Israelites went through the sea on dry ground, with a wall of water on their right and on their left. 30 That day the Lord saved Israel from the hands of the Egyptians, and Israel saw the Egyptians lying dead on the shore. 31 And when the Israelites saw the mighty hand of the Lord displayed against the Egyptians, the people feared the Lord and put their trust in him and in Moses his servant.

Sooooooo - from my reading if you are a Pharaoh you are well and truly screwed!

NB - I reckon that was pretty good for an atheist

Dazzler,

We have not lost our sense of humour yet. Thanks for that, gave us a good laugh.

I see you have reached status of "Hard top Camper user", we think you should stop posting otherwise you will get inundated with water. We are still lowly "sleeping bag" users.

Thanks for your advice.

GraemeL · « **Reply #18 on:** March 17, 2014, 07:39:59 PM »

I know you said travelling is not really an option, but.....

I would make the effort to get there, I would also ask them to set it up and run a hose over it, or better yet some sort of pressure.
This will allow you to be sure it is fixed properly and shows you are willing to meet them part of the way.
If it's ok, you get to bring it home, if not, you are there to see what is really wrong and maybe able to work with them to rectify it to your liking.

I would also ask them if they are happy to come to some sort of arrangement regarding compensation/good will. It doesn't have to be a lot, even an upgrade or something. To cover your costs of going there and back as well as the inconvenience of not having it to use.

If you don't ask, you don't get.

PS: There is something in Australian consumer law about extended warranties after the original manufactures warranty has expired. But I can't remember what it is called. It maybe something you can look up.

CRW · « **Reply #19 on:** March 17, 2014, 08:24:11 PM »

Quote from: GraemeL on March 17, 2014, 07:39:59 PM

I know you said travelling is not really an option, but.....

I would make the effort to get there, I would also ask them to set it up and run a hose over it, or better yet some sort of pressure.
This will allow you to be sure it is fixed properly and shows you are willing to meet them part of the way.
If it's ok, you get to bring it home, if not, you are there to see what is really wrong and maybe able to work with them to rectify it to your liking.

I would also ask them if they are happy to come to some sort of arrangement regarding compensation/good will. It doesn't have to be a lot, even an upgrade or something. To cover your costs of going there and back as well as the inconvenience of not having it to use.

If you don't ask, you don't get.

PS: There is something in Australian consumer law about extended warranties after the original manufactures warranty has expired. But I can't remember what it is called. It maybe something you can look up.

We said Graemel, good to see someone has got some good advice at last. If this is the Manufacturer that someone blurted out before, without any evidence, I would be extremely surprised. I have owned two camper trailers from the one manufacturer, one soft floor and one hard floor. I must say these are extremely well built and backed by customer service that is second to none.

Follow Graemel's advice here, speak to them, go and give it a test run with water on it and work together to find a solution if there is still a problem and don't listen to backyard lawyers

Cheers
Carl
Sent from my iPad using Tapatalk Pro

chillipepperz · « **Reply #20 on:** March 17, 2014, 09:44:34 PM »

Quote from: dazzler on March 17, 2014, 07:05:23 PM

It just dawned on me why you are having water troubles;

You have an "Exodus 14";

21 Then Moses stretched out his hand over the sea, and all that night the Lord drove the sea back with a strong east wind and turned it into dry land. The waters were divided, 22 and the Israelites went through the sea on dry ground, with a wall of water on their right and on their left.

23 The Egyptians pursued them, and all Pharaoh’s horses and chariots and horsemen followed them into the sea. 24 During the last watch of the night the Lord looked down from the pillar of fire and cloud at the Egyptian army and threw it into confusion. 25 He jammed the wheels of their chariots so that they had difficulty driving. And the Egyptians said, “Let’s get away from the Israelites! The Lord is fighting for them against Egypt.”

26 Then the Lord said to Moses, “Stretch out your hand over the sea so that the waters may flow back over the Egyptians and their chariots and horsemen.” 27 Moses stretched out his hand over the sea, and at daybreak the sea went back to its place. The Egyptians were fleeing toward[c] it, and the Lord swept them into the sea. 28 The water flowed back and covered the chariots and horsemen—the entire army of Pharaoh that had followed the Israelites into the sea. Not one of them survived.

29 But the Israelites went through the sea on dry ground, with a wall of water on their right and on their left. 30 That day the Lord saved Israel from the hands of the Egyptians, and Israel saw the Egyptians lying dead on the shore. 31 And when the Israelites saw the mighty hand of the Lord displayed against the Egyptians, the people feared the Lord and put their trust in him and in Moses his servant.

Sooooooo - from my reading if you are a Pharaoh you are well and truly screwed!

NB - I reckon that was pretty good for an atheist

Post of the month!

dazzler · « **Reply #21 on:** March 18, 2014, 07:08:39 AM »

I'm glad you all liked the small insight into the alternate world of my brain.

I think the troubles are only starting to surface;

Exodus 14:25 "He jammed the wheels of their chariots so that they had difficulty driving"

Better get them to check the brakes before you pick it up.

But seriously, who the hell is naming their product after Biblical stories? Maybe a cunning plan to avoid small claims losses - "Act of God your worship - Act of God"

News:

Author Topic: Advice, Legal or otherwise (Read 7514 times)