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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My name is ***** ***** issue is that I have been on a rent

Customer Question

Hi my name is ***** ***** issue is that I have been on a rent to own contract with GoGetta for a year for a van initially worth $17000.repayments per week was $235/-with a balloon of $9000/- at the end of the one year contract if you wish to buy it off. One month before the end of the contract the van had a major breakdown requiring $10000-repairs for half of the engine. I wanted to return the van to them but they argued that the van needs to be in running order when i return it.if not they will charge me for the remaining month rental fees plus the costs of the repair. For all the time i had the van i had issues with it and lost many days of work because of breakdowns. Gogetta could never help so i had to bear all the extra costs myself. Now in this situation they proposed to pay half and pass on half the expenses to a new one year contract.thinking i would be getting a good deal i agreed although i had a quote for the same repairs from Ford which amounted to $7500/-but gogetta said they would prefer to go with the $10000/- quote because the mechanic concerned had been working on their vehicles before and they trusted him.but when the contract came finally to me, the figures showed a reduced weekly rental to $190.38 with a balloon of $10738... .i signed the agreement and settled with the idea that the van would be okay now. But since then i have been off the road for a flat battery(dual) which required $400/- out of my pocket for roadside assist who said batteries need change.the next day the new batteries went flat and another call to roadside revealed now a problem that the alternator is not charging the batteries and that there seems to be a major problem with the electrics on the van! My insurance got cancelled when i called them to find out about the roadside assist towing charges cos they aver they do not cover courier van ;although it is written on my contract policy for when i started with this van!!!?i guess that is another issue by itself but coming back to the main case is : i called gogetta and told them i had enough, the van was not reliable and i was on the verge of losing my job! So i wanted to give them back their van or if they could propose a replacement for it. For the first time they told me not to worry, they will talk to the dealer who sold me the car and have him repair it. The next morning a tow truck came to my place and the van was gone for repairs. Three days later, after calling the mechanic everyday because they said easy fix one day should be okay, they finally said the van is okay to be picked up.which i did.now there seems to be a problem with the locks.the van would lock by itself and the only way to open it is by remote which started to playup too!! Now because of this i have lost my job. My question is how do i get out of this contract return them their van without them charging me for a van that is not reliable at all. Mind you, all servicing were done timely and i have changed brakes(250/-), injectors($2500 insurance paid but i paid the excess of 675/- another big job that needed two weeks off the road). The insurance was a fully comprehensive one from AAMI and that was 2000.... That was paid by me. I have always paid my weekly rent fees for the whole time i had the van(1 yr and two months and i do not understand how they work out the figures for this rent to own contract.it is actually costing way more than the initial price agreed for the van which was 17000. Hope you can help.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.
Good EveningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Did the contract say you had to pay the repairs?Can you email me the contract to***@******.***

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