WA False/misleading information by Pickles Car Auctions (WA), not restricted by ACL?

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TonytheTony

Member
15 November 2023
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I have participated in an auction for 'WA government & fleet vehicles' hosted by Pickles Auctions. The vehicle I bid on was advertised with a 'complete service history,' prominently featured across various Pickles platforms, including the condition report, APP, website, and online bidding catalog. This claim significantly influenced not only my decision but also that of other buyers, leading to fierce competition and higher bidding prices.

After successfully winning the auction, completing all necessary payments, and preparing for vehicle pickup at the local Pickles warehouse, I encountered an unexpected issue. During the inspection, it became apparent that the service history was incomplete, with two missing services. The local branch staff confirmed this discrepancy, acknowledging the misleading information Consequently, I couldn't accept the vehicle due to this misrepresentation.

I reached out to Pickles to address this issue, and a representative contacted me by phone. Their responses were as follows:

1. They claimed that a disclaimer had been included in the condition report of the vehicle. Also, I received criticism from them for not checking and validating the vehicle documents before placing a bid :(
So they are really not restricted by ACL, and can give misleading information for an auction with a disclaimer?

2. The representative informed me that my case is currently on hold while they investigate potential service history records not documented. The duration of this on-hold status is unclear. Meanwhile, the representative pushed me to expedite vehicle retrieval, indicating that, regardless of the current ongoing dispute, the company would impose a penalty rate of $70 per day for delayed vehicle pickup.
I strongly disagree with this measure. I have cleared the payment and went for pick-up. However, I am required to sign a document stating that I release Pickles from all liability during pickup. The threatening tone of the representative caused me a lot of emotional stress.

Given this situation, it appears that Pickles Auctions' misrepresentation of the vehicle's service history constitutes a clear violation of consumer law. Their actions should be categorised as misleading and deceptive conduct, as they may likely knowingly present false information to attract customers and influence their bidding decisions. Due to this misleading conduct, I have received a product of compromised quality, leading to a loss of asset value for the vehicle I bid on, primarily due to the omission of two services. Additionally, their fraudulent conduct has caused me significant inconvenience and loss of time.

I am eager to take appropriate steps to hold Pickles Auctions accountable for their actions and ensure the implementation of measures to prevent such incidents from recurring. I can't believe they threw a disclaimer online, did whatever they wanted with misleading/false information, and condemned/threatened me in this way.