NSW Dealership forced to refund car but hasn't picked it up as per order

JoM · 23 July 2018

So I bought a lemon in Sydney and went through the Tribunal to have the car refunded. The Tribunal Order was created which stated 1. Dealership to pay me the money and 2. Pick up the car (which is being stored at my mechanics). I received the money by getting a certified order and raising a garnishee through the local court but the certified order doesn't say anything about picking up the car.

I emailed the dealership a month ago to pick up the vehicle and heard nothing back. I sent a text a couple of hours ago, nothing. I suspect they will continue to ignore me.

What are my options for getting this vehicle off the mechanic's property?

Rod · 23 July 2018

The two options that come to mind are:

1. Go back to court for another order asking for ...... (sale of car, tow at dealer's expense, tow you pay for and seek reimbursed).
2. Send letter advising the vehicle is being placed on the street if not picked up within 14 days.

JoM · 24 July 2018

Thanks Rod. Such a strange situation! Tried the police, they can't do anything, rang fair trading, can't do anything. The advice from law access was it's now between the mechanic and the dealership which is true but i certainly feel responsible. He's done nothing but help!

Scruff · 31 July 2018

The advice from Law Access is absolutely correct.
Don't do anything. It's not you who has the options here, but your mechanic.

You indicate that you have already got your money back. That's a good result.
The Tribunal ordered that the dealer pick up the car - not that you return it. It is therefore not up to you to make any further arrangements in this regard, so it's best to stay out of it.
Your mechanic is the one who has all the options. The first thing he should do is inform the dealer that he is going to charge a storage fee from a particular date if the car is not collected. It then becomes an abandonment issue if the fees are not paid and the car is not removed. Eventually, he can apply to the courts for the car to be declared abandoned, and for ownership to be transfered to the mechanic.

Basically with a case like this, if the dealer doesn't collect the car, they'll end up loosing it.
The important thing for you is to stay out of it - at least in regard to the dealer. You should not have any further contact with them. Let your mechanic handle it from here.

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NSW Dealership forced to refund car but hasn't picked it up as per order

JoM

Active Member

Rod

Lawyer

JoM

Active Member

Scruff

Well-Known Member

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