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My son and I brought a car from carmart Pakenham yesterday…

Customer Question
My son and I...

My son and I brought a car from carmart Pakenham yesterday and we put $200 down on Tuesday and paid the rest of $12790 yesterday Friday 16th March. They ring me today to say that we were $200 dollars short. They counted the money while we were there and it was exactly $12790 the gentleman said he took that money to the bank and it only came to $12590 so he says. My son and I actually got the correct money from the bank by the teller so we know we had the correct amount of money because we both counted it twice to make sure it was right. When we handed the money over yesterday both the gentlemen counted it and it was exactly $12790 now today they tell me it was $200 short. I can prove we took the exact money out. What can I do about this because now we have a problem with the car the engine light is on and they refuse to fix it unless we hand over the $200 they claim we didn’t give them

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

I am in Victoria and I don’t know who I need to speak to

Lawyer's Assistant: What steps have you taken so far?

None as yet as the carmart just rang me 10 minutes ago to say we were $200 dollars short according to their bank yet he counted it when we were with them before he went to the bank and we gave him correct amount which he verified before left which was $12790

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I don’t think so

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/16/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,702
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 4 months ago

Good Morning

If they have counted the money infront of you and accepted it then that is enough.

You do not have to pay anything more.

You rely on the withdrawal and also that the money was counted infront of you and accepted.

They have to repair the car as it is under a statutory warranty. If they refuse then you can take them to VCAT and get orders that they comply or pay for the repairs.

They cannot extort the money from you. The law is on your side.

What happened after you gave them the money is their problem not yours.

I suggest you send them an email and confirm what happened and you paid the full amount and you have a receipt to prove it and the money was counted in your presence and correct.

If they do not repair the car as they are obligated to under the law you will take the matter to VCAT

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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