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NT Unsatisfactory Service from Ford - What are My Rights?

Discussion in 'Australian Consumer Law Forum' started by Jarrad.mildrum, 24 August 2015.

  1. Jarrad.mildrum

    24 August 2015
    Likes Received:
    At the end of 2011 I purchased a brand new ute from Ford. Less than 3 months later I had large areas of paint flaking off of the vehicle. Upon taking it in to Ford was told they are stone chips, this continually went on for over a year. FInally I contacted a representative from the company PPG who supply paint to Ford, he came to Darwin and tested the paint thicknesses on the vehicle. He wrote a report to Ford detailing how the entire vehicle had been resprayed before being sold to me and that it was just paint on paint and no primer hence why the paint was falling off. Some two and a half years later Ford finally agreed and had the car resprayed.

    Since then I have had nothing but trouble with Ford, every time my vehicle goes in for a service it comes out with some sort of damage, on two occasions now they have damaged my gear shift and ute hardtop lock, which I have had to pay for.

    Recently whilst my car was getting a standard service, Ford washed my wheels with some type of chemical that ate all the paint off of my rims. Last week my vehicle was in at Ford having these rims replaced and my dash cam recorded a manager telling a worker to make sure he f*#@ing sideswipes my car whilst parking it, he then further went on to tell the worker to make sure he does it good and f@#ks up the whole side. I posted this video on Facebook which had some 5000 views overnight.

    The local Ford dealership then contacted my workplace and boss and threatened to take legal action against me if I don't remove the video. It is my understanding that the video is my property and I can do whatever I like with it.

    Ford have since fired the two workers, and would like to discuss the issue with me.
    • What are my rights in regards to the video and what I can do with it?
    • What are my rights against Ford contacting my employer and threatening legal action against me?
    • Should I be entitled to any compensation in regards to the initial condition of the vehicle under Australian Consumer Law? or any for all the further dealings I have had to put up with from Ford.
    Much appreciated
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
    Likes Received:
    Hi Jarrad.Mildrum,

    In Australia, there is no tort of privacy. Given the video is not alleging anything that isn't true, there wouldn't be an grounds under defamation to force you to remove the video (I would refrain from writing comments/inferences on Facebook regarding the video). The only ground they "might" have is to argue this was a confidential conversation and in publishing the video, you have breached confidentiality. However, it would be quite difficult for them to argue this as there is little (except that the conversation took place on private property) to suggest the conversation is private. They were just careless in making unprofessional remarks in front of a camera that was on.

    There was a similar (and famous) case similar to your situation, in which a public meat company tried to prevent ABC from broadcasting an undercover video of their meat slaughtering processes (ABC v Lenah Gam Meats Pty Ltd; summary here). The public company failed and the court held there was no privacy, confidentiality or unconscionability breached.

    I don't believe they have much merit behind their threat. If you're worried, it may be best to speak with a lawyer or your local community legal centre about it.

    Since you bought the car after 1 January 2011, you would be protected under the new Australian Consumer Laws. The following articles should answer your question:
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