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I purchased my new vehicle in august 1999 with a protection…

Customer Question
I purchased my new...

I purchased my new vehicle in august 1999 with a protection package from Tint a Car Currumundi. As I owned a Nissan Pathfinder fitted with bull bar and tow bar the owner did a deal before I traded that vehicle in to supply the protection package in exchange for the bull bar and tow bar as he owns a similar vehicle. the deal included the fitting of an electric rust inhibiter. the owner attached a letter to the warranty booklet to advise the warranty on the inhibiter was extended from the standard 10 years to limited life time. (limited being a yearly inspection be carried out on the vehicle for rust. by the Dealer).

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

Queensland. the rust has been repaired twice in the same spot under warranty in 2914 and again in 2016 under warranty by Motorone company honouring the warranty Now the new claims Manager at Motor one refuses to fix the rust which has reappeared in the exact same place the repair has failed twice. how can I get the repair fixed under warranty when the now manager of repairs at motorone claims the warranty expired in 2009

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

I have applied to have the re - repair claim submitted to Motor one with a quote for the cost of fixing the previous failed repair from the repairer who did the previous repair that motorone directed me to use

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

The new claims manager at motorone has offered to pay half the cost ot the failed repair. I believe that the cost should be done under the life time warranty and motorone whould negotiate with the repairer about how they share the cost of the repair

Submitted: 4 months ago.Category: Australia Law
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Answered in 7 minutes by:
3/26/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,544
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

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 4 months ago

You will have a claim under the Australian Consumer Law based on the facts that you have described.

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 QCAT.

Would you like to try this option first.

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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.

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