Advice on evidence I can provide against dealer's Lemon car in potential VCAT hearing

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Ana Mihov

Member
5 March 2019
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Hiya,

our ute broke down last year and we were in desperate need of a new one as my partner was starting a new job as a roofer- and a work car was a must.

Given our urgency and the fact we didn't/don't have much savings as we've just moved back to Australia from England, plus the fact my credit rating is terribly low from my younger years, I had to take out high interest financing for a second hand ute.

I picked up this 2002 Toyota Hilux from a second hand dealership once the financing was approved on November 28th. In the time I had driven back home it started sounding really off, and as I picked up my boyfriend he realised something was really not right. 2 days later we were on our way back to the dealership to show them the car's engine trouble. The car didn't even make it. They had to get to towed to them as it had a major engine failure. It's not March and it's been in and out of their chosen mechanics about 5 times. Although they put a different (not new) engine in it, and have apparently repaired some faults, the car is still showing up with engine faults, we realised the Check Engine light wasn't even working which is worrying, and despite it having come with a RWC - we had it checked again by Toyota and it failed it's a RWC with them due to a long list of issues.

They keep refusing to refund us so we can just pay off and cancel this terrible loan for a car we've had in the mechanic's possession more than our own.

We feel the car is not going to last long and will probably still be paying the loan off when it breaks down. We can't afford to continue making these loan repayments AND buy a car outright.


My question is- if we are to take them to VCAT, what kind of evidence can I provide to prove our case?

I'm able to produce the following:
-screenshots of the faults that appeared on the diagnostics tool throughout the past few month when its been in and out of the mechanics
-text messages from us to the dealership showing the number of times we've had to bring the car back (we've tried to keep our communication in writing but they're not very responsive over text and annoyingly prefer to call)
-a letter from my partner's employer stating how the lack of having a ute affected his work
-the RWC from Toyota which it failed
-the RWC from the original mechanics, who overlooked the Check Engine Light not working
- texts to my parents about the car being at the mechanics ( i have contacted the mechanics to see if they can provide some sort of reciept or written statement outlining the times the car has been there and for how long but not surprisingly they haven't replied...so sadly i feel all the evidence of this I have is my text messages about it :S)

I can't seem to find the original ad anywhere but I can perhaps ask for some IT help to track it down if it's been taken down perhaps. it clearly stated, as all their ads do, that its 'ready for work', great condition etc etc.

Well, it isn't :( They have offered to keep having it repaired, but this could go on forever, and I don't want to keep paying for a car we don't have. Surely this counts as infringing on our 'undisturbed possession' of the bought goods.

Any help or advice would be really appreciated. We can't afford to be ripped off