OK it was deliberately being obtuse --I meant --theres this auction on trade me
stealthbida,
Dec 11, 2:17am
would you like to give out the auction number!
crzyhrse,
Dec 11, 2:17am
Oh, yes, I see that now. I just skimmed.
In any case, I have little sympathy for anyone who doesn't adequately protect themselves when making such major purchases.
And I think it's under the Contractual Remedies Act, not the Sales of Goods Act, that you could take action, although you don't need any specific legislation for the DT anyway.
male_timaru,
Dec 11, 2:44am
yip and claims court is where he will cop a full engine replacement or rebuild cost bill and expenses accrued due to the lie - misinterpretation (whether in an auction or not) means that there are acts in place that mean you have right to get back the money etc
male_timaru,
Dec 11, 2:56am
Motor Vehicle Disputes Tribunal
The MVDT is run by the Department of Courts. There is a $51.11 fee for taking a claim to the MVDT. The hearings are in private and you can't be represented by a lawyer - although you can consult a lawyer before the hearing.
There are time limits for going to the MVDT so make sure you take action as soon as possible.
The MVDT will ask the dealer to discuss the problem with you. If the problem isn't resolved to your satisfaction, the Tribunal will set a date for a hearing.
The MVDT can hear claims up to $100,000 (or more if both the parties agree).
The MVDT can order remedies available under the Consumer Guarantees Act, Fair Trading Act, or the Sale of Goods Act.
For example, under the Consumer Guarantees Act you may be able to claim a refund, or require the dealer to meet the cost of repairs. Where there has been a breach of the Fair Trading Act, you may be able to claim for any resulting loss of value.
To contact the Motor Vehicle Disputes Tribunal:
Ring them on 0800 367 6838 or write to them at PO Box 6848, Wellesley Street, Auckland. Disputes Tribunal You also have the option of taking a claim to the standard Disputes Tribunal. However, the Tribunal can only hear claims up to $15,000 (or $20,000 if both the parties agree).
male_timaru,
Dec 11, 2:56am
Disputes Tribunals are a very useful way to settle consumer grievances.
They hear disputes over faulty goods or workmanship, pricing, fencing of boundaries, car accidents, and loss or damage to other property.
The tribunals are cheap and easy to use, have few delays and no lawyers. There's a referee to make sure you get a fair go, and who must try to resolve issues on the wider basis of natural justice.
Hey MT--mate ya knowIN THEORY andthe real world are so far appart though that its just not funny. In theory-you trot on down to the court state your case and the "offender" gives you your money REALITY--You trot on down to the court. The "offender" doesn't turn up So you are awarded costs. Then either they apeal it due to not recieving the notice. OR they have "moved house" so untill YOU or someone you pay finds them you can't get any payment from them. -THEN they say they diddn't get the notice so apeal orthey plead poverty and you get $5 a weekor the payment is set up and they just change banks and addressand you start all over again. or any variation on this senario. You'd think once awarded the judgement itts easy--but nope it aint .
msigg,
Dec 11, 3:20am
Your last line on post 31 says it all.If the coversations are just that and no witnesses then your stuffed.
groverg,
Dec 11, 3:20am
long gone are the days when a man was as good as his word (unfortunately). I hope you take the lying pr*ck to the disputes tribunal BTW anyone can whip up a convincing invoice in about 5mins on the computer.
male_timaru,
Dec 11, 3:26am
incorrect - verbal agreements are lawfully binding and in light of the written content they will be believed over the seller
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