WA Seeking Refund for Car - Small Claims Court?

[Unhappy consumer]

In May 2016, we purchased a used Pathfinder. The day after taking delivery, we discovered a problem. Since then the car has been returned to the Dealer 7 times, one of those times for a month and is still not repaired.

Jan this year, the Dealer conceded to finding a replacement. No replacement can be found, so the Dealer said - try getting a refund. I followed the ACCC's instructions for a formal complaint requesting a refund and the Dealer denied it and says they will continue to try to repair it.

Do we have a case for small claims court?

 

[Lance]

Hi,

It sounds like you definitely have a case. What were their grounds to refuse a refund? You said you followed the ACCC instructions for a formal complaint requesting a refund, have you lodged a formal complaint with the Department of Commerce (Consumer Protection) How to lodge a formal complaint?

I wouldn't give up on that process just yet you have rights when you buy a vehicle from a dealer and you should follow that through before you head to a Magistrate.

Have a look at this blog page for some ideas. Faulty Second Hand Car? Your Options as a Buyer - Legal Blog - LawAnswers.com.au