DEPARTMENT
OF FAIR TRADING AND THE SMALL CLAIMS TRIBUNAL
Most Motor Dealers are familiar with the operation of the
two above named organisations, if they are not the body representing
motor dealers, the MTA certainly is. If you ever have a dispute
with a dealer it is best to know how the system works. Threatening
to go to the MTA or the Department of Fair Trading or your Lawyer
rarely works. It is all ways best to talk to the Principal of
the business to resolve the issue amicably.
Be aware - first and foremost that the Fair Trading Department
has no legal standing, i.e. the department it self cannot
enforce a ruling made and will only give qualified advice
over the phone. That is because they have only heard one side,
your side, of the story. Do not try to bluff the dealer -
it will not work. Any complaint must be made in writing to
the Fair Trading Department, detailing the complaint. The
Department will send an Inspector to investigate your complaint
and as part of that investigation will get the Dealers perspective.
Even if the Department through its Inspector decides that
your complaint is valid, the Department cannot force the Dealer
to comply with its ruling.
If the Department through its Inspector rules in your favour
and the Dealer refuses to comply with the Departments determination,
you will have to lodge an official complaint with the small
claims tribunal. You and the Dealer will be required to attend
to state your case. No legal representation is allowed. If
appropriate you may bring a witness. It is most important
to be prepared, to be cool, calm and collected. Do not be
emotional, the person conducting the hearing is an Adjudicator
and will rule only on the evidence presented. Legal argument,
such as, the “T” is not crossed or the “I”
is not dotted will hold no sway if it can be established that
you actually ordered a car, paid a deposit etc., or of course
conversely the dealer has made certain promises.
(Consider using the Car Solutions Dispute resolutions service - expert advice will go a long way helping you to win your case)
Remember, that even if the Small Claims Tribunal rules in
your favour it is still the Dealer that has to resolve the
problem. So, it is much more efficient to resolve the issue
with the dealer in the first place. Dealers cannot be ordered
to do more than restoring the status quo, i.e. Dealers cannot
be ordered to pay punitive damages or pay for expenses you
may have incurred.
Dealers have no means to appeal any ruling the Small Claims
Tribunal makes, except where a Dealer is denied natural justice
and that is very unlikely to happen.
For further information contact www.carsolutions.com.au or
write to info@carsolutions.com.au
April, 2006
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