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Can you help with a dispute we are having with a transport…

Customer Question
Hi there can you...

Hi there can you help with a dispute we are having with a transport forklift and pallet mover company basically we purchased a brand new unit and it has been returned dozens of times for repair all under warranty but now they are demanding a $850 repair bill stating it was the fault of the operator and not the unit which we have proof it was the faulty unit and not the operator. Long story short after many emails they are demanding this money and say they will take legal action against us if we do not pay. Is it worth pursuing or should we just pay it?

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

My apologies we are in Melbourne Victoria.

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

Nothing only returning it for repairs and sending the emailed statements back saying we are not paying and the reasons. We were forced to get rid of the unit and re purchase another model from another company but the point is it was not up to quality from the day we purchased.

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

No that's ok I can send them details when they need. Thanks for this help.

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/21/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,306
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 3 months ago

has there been a written complaint yet ?

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Solicitor: John Melis, Lawyer replied 3 months ago

What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The complaint needs to be in a chronological order with numbered points 1, 2, 3, etc.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 14 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 14 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in the local tribunal.

Would you like to try this option first.

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Solicitor: John Melis, Lawyer replied 3 months ago

the basis of your claim will be civil and you may raise your claim in VCAT subject to the damages amount you are seeking.

you will also be able to raise a claim under the Australian Consumer Law, Competition and Consumer Act 2010 for breach of warranties that have occurred as well.

you have a legal right to be protect in this matter for the failure of the repair and supply of a quality product.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

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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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