VIC Major Car Failure - Taking to Small Claims Court?

[Angelito]

Hi,

I purchased a Holden Captiva 2008 model from a car dealership in Victoria with 12 months warranty for mechanical failure but not covered by the statutory warranty due to it having done over 160,000km - I also purchased without a roadworthy which the sales paperwork states but had one done myself shortly after purchasing ( it was fine ).

I was told the car was serviced by them but later found there to be no stamp in the book. They didn't have an answer as to why, the battery also exploded on our return journey due to them putting a battery inside the vehicle that wasn't correct for the vehicle. The car then had a major failure in under 3 months of ownership on a trip to Sydney and now that's where it is whilst I fight it out with the dealer who said its too far away and we should have brought the car to him first ( you don't know where it's going to break down and we didn't even expect it to!)

We have contacted him via telephone, sent a letter 1 week ago with no reply and now wish to take it to small claims court but before I spend even more money (costs $458 to lodge the case). I really want to know if I have a good case or if I'm going to put my money in the wrong direction the 12-month warranty will only cover up to $1000 worth of repair.

The bill is already at $2800 without replacing the engine.

 

[Iamthelaw]

In regard to the merits of your case - You can take a look at this blog post:

Lemon Car? What You Can Do Under Australian Consumer Law - Legal Blog - LawAnswers.com.au

In regard to the fee to lodge your case:

What is the total $ amount that you're seeking? $458 for the lodgement fee at VCAT would equate to a claim between $15,001 - $100,000? Also, you should note that if you are successful or even substantially successful, you may recover your costs from the other party.

 

[Angelito]

Hi,

Thank you for your reply! I am looking to get the money I've spent so far as well as the price paid to get the car up and running again and this could mean a new engine so we might be looking at up to $10,000 depending on the work that needs doing.

The cost is $62 to lodge a claim of up to $3000 and then it climbs to $458 for anything above this.

It's a risk as the court may fall in favour of the dealership and we may not have a strong case and what if the dealership doesn't pay up. I've heard that can happen through a small claims court.

 

[Iamthelaw]

The cost is $62 to lodge a claim of up to $3000 and then it climbs to $458 for anything above this.

That's not correct. VCAT's fee structure for Civil Claims increases, corresponding to claimed amounts. If you are seeking between $3000 - $15,000 (applicable as you've said you're seeking $10,000) - The fee would be $204.90 - If you hold a health care card there would be no fee. Refer to the VCAT's fee table.

It's a risk as the court may fall in favour of the dealership and we may not have a strong case and what if the dealership doesn't pay up. I've heard that can happen through a small claims court.

The risk of the tribunal favouring the other party is a risk, like in any litigation - you need to decide if the merits of your case are such that there is minimal likelihood of that occuring. In regard to the second part of your question, If you are awarded a monetary order you can further enforce this through the courts.