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Pearl i have been told by Vic consumer affairs to contact…

Hello Pearl my name...

Hello Pearl my name is***** i have been told by Vic consumer affairs to contact VCAT as they were unable to help, on the 7/05/2012 i had a solar system installed by True Value Solar about a month ago i noticed one of the panels was damaged i contacted True Value Solar as i have a 25 year warranty on the panels i sent them photos of the damaged panel and about a week later i received a email stating that the panel is not covered under the warranty as it is impact damage Pearl i have no trees whatsoever near the house we have had no severe hail storms , i wash my panels down at least once a month on cool days and only noticed on or about the the 15/03 they have told me that if i want to appeal i must pay someone to come out and inspect it.

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

Victoria

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

I have sent emails and have tried calling but i get no reply.

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

That is about it thank you.

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Answered in 7 minutes by:
4/3/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,554
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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You will have a claim under the Australian Consumer Law based on the facts that you have described. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2.

All sellers warrant that goods or service are acceptable for their use/service.

Goods:

a. Goods must be of acceptable quality

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.

Services:

a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

Seller has several options they can provided where goods or services have not meet the requisite standard. The seller can either repair, replace, refund, compensation, and cancel the entire contract.

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 chronological order need to be be numbered with points 1, 2, 3, etc. with each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 7 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 7 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 VCAT.

You may also have a claim of misleading conduct by the seller, under section 18 of the Australian Consumer Law. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

The contractor cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Would you like to try this option of the complaint first.

You have a legal right to protect your interests in this important situation.

If you need any further information please let me know.

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 your important questions.

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Customer reply replied 4 months ago
Hello John and thank you for your reply i will do what you suggested outlining the points that you have made if i still have no success then it will be a trip to VCAT, thank you again Raymond.

you are most welcome

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,554
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Hi John i have emailed true value outlining your points and i have given them 7 days to respond if i have no reply then i will take it to vcat.

sure.

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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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