NSW Small Claims Court - Refund for Car with Major Faults?

[Neil999]

Hi,

I purchased a used car from a dealer with 158000kms, 2005 model. On the 18/6/17 it broke down on the way home from the dealer. I returned it on the 19th. I collected it from the dealer supposedly repaired on the 25th and it broke down again with the same fault on the same day. I returned it on the 26th and collected it on the 29th and same thing happened again.

I contacted the dealer to say I was returning the car for a refund and the dealer informed me that they would not offer me a refund and would no longer repair the car. The fault is what I consider major as it caused the car to not run at all. I raised the case with the Office of Fair Trading and the dealer is offering me a refund of $1000 less than the purchase price because of the costs to him to repair the vehicle.

I don't believe this to be fair so I'm about to lodge a small claims court case to recover the full amount but want to know if I have a strong enough case or any opinions would help.

Thanks.

 

[Krystal Jade]

Hi,

I purchased a used car from a dealer with 158000kms, 2005 model. On the 18/6/17 it broke down on the way home from the dealer. I returned it on the 19th. I collected it from the dealer supposedly repaired on the 25th and it broke down again with the same fault on the same day. I returned it on the 26th and collected it on the 29th and same thing happened again.

I contacted the dealer to say I was returning the car for a refund and the dealer informed me that they would not offer me a refund and would no longer repair the car. The fault is what I consider major as it caused the car to not run at all. I raised the case with the Office of Fair Trading and the dealer is offering me a refund of $1000 less than the purchase price because of the costs to him to repair the vehicle.

I don't believe this to be fair so I'm about to lodge a small claims court case to recover the full amount but want to know if I have a strong enough case or any opinions would help.

Thanks.

Same crap happened yesterday 20/07/2017 Bought a 2008 Captiva, drove 2 hours then just died,

 

[Krystal Jade]

Same crap, only yesterday 20/7/2017 Bought a 2008 Holden Captiva for $5600, listed originally at $5999 got price drop due to car dealer saying $399 off due to no warranty, now apparently that's dodgy because they shouldn't even ask that! Plus it wasn't even 24hours of owning it & now car is stuffed! Is it true we as the purchasers are entitled to warranty? I believe so because the vehicle didn't do as intended!