Should I refund?

[topic97 Senior Member Find all posts View Profile Close topic97]

This thread is better entertainment than "I am a celebrity get me out of here"

Waiting for the final episode... put us out of our misery Pugaree

Apparently whoever loses the claim has to eat decaying cows intestines too!

[vantheshark Junior Member Find all posts View Profile Close vantheshark]

He might have been arrested now. Otherwise, he could have updated the result

[Pugaree Member Find all posts View Profile Close Pugaree]

Well meeting has happened and I resisted the overwhelming urge to choke him, just.

Anyhow we had a decent mediator, he was asked to state his claiim and the only thing he offered was he wanted to return the car because I wasn't able to give him the rego papers on the day he picked it up.

He admitted straight up that he purchased the car and didn't offer any further explanation with his other two points from his submission being the deposit and the car wasn't as specified.

The solicitor told him that according to law, we had effected a sale and not having the rego papers was of minor consequence and not grounds to warrant a refund. She referred him on three occasions to the fair trading laws and that there was no cooling off period.

I passed the keys, receipt and rego papers across to him and he took them only to back out and say he was feeling pressured. The mediator gave him further time to consider his options and pretty well said he should collect the car as he has no chance if we progress to a hearing. We left and we believe the mediator also told him again that he was in a no win situation.

Interestingly, when I submitted my respondent claim, I had to provide evidence to support my claim, it amounted to about 30 pages of statement, text messages, emails, forms etc. He was given a copy of that a month ago. We sat in the meeting to day and he had........ A blank piece of paper. The mediator made a laboured point that he had better be better prepared if he wants to progress to the hearing, almost mocking him.

At this stage, he has my wife's number and is to contact her if he wants to pick the car up, I will make sure I'm not home at the time. So hopefully he comes to his senses, pick the car up and it over and done with. Otherwise we will be at a hearing in April.

[Spilsy Avid PP Poster! Find all posts View Profile Close Spilsy]

You have to love when the law is on your side... Hopefully he does come to his senses... A hearing sounds like a waste of everyone's time.

[ozimacca Member Find all posts View Profile Close ozimacca]

You have to love when the law is on your side... Hopefully he does come to his senses... A hearing sounds like a waste of everyone's time.

Possibly, but it does introduce an independent third party who is aware of the law, so hopefully he accepts the advice, picks up the car and then sell it again if he chooses.

[topic97 Senior Member Find all posts View Profile Close topic97]

Oh awesome! Its good to hear something like that going the right way for a change!
Even though the law may be on your side, it doesnt usually go your way....

[spike69 Senior Member Find all posts View Profile Close spike69]

Well done Pugaree for being so diligent and keeping a thorough record of what transpired. It’s obviously going to assist hugely in this case.

Amat victoria curat

[spike69 Senior Member Find all posts View Profile Close spike69]

Or to paraphrase…… all the Ps!

[Puddock Junior Member Find all posts View Profile Close Puddock]

Good result then. But it cost you a barrow load of wasted time and effort just because you had the bad luck to attract this fool.
You should now be entitled to recompense but in my experience you will get none. We live and learn.

[Pugaree Member Find all posts View Profile Close Pugaree]

Good result then. But it cost you a barrow load of wasted time and effort just because you had the bad luck to attract this fool.
You should now be entitled to recompense but in my experience you will get none. We live and learn.

Nope, can't claim anything at all, just put it down to a bad experience.

[vantheshark Junior Member Find all posts View Profile Close vantheshark]

Congrats on good result. We definitely learnt something from your experience.

[pilgrim_traveller Junior Member Find all posts View Profile Close pilgrim_traveller]

Thanks for keeping us up to date. I hope that's the end of it for you! When I first started buying/selling second-hand vehicles (when the kids came and I couldn't afford new ones anymore!) I read online somewhere to always write up and have both parties sign a sale of contract. Everyone I've ever bought and sold from felt awkward doing it, they weren't sure if they were signing something legally binding or not. But whether I was buying or selling, it was a condition of sale and of course, I made sure we were both happy with the text before we put pen to paper. Thankfully I've never needed to use it but your story just reinforces that I'll keep doing it, especially if the other party is not wanting to participate!

All the best, and hopefully you never need to update this thread again

[wifecallsmegrumpy Member Find all posts View Profile Close wifecallsmegrumpy]

Well that went better than expected. Sounds like he will lick his wounds for awhile, then have to tuck his tail between his legs and come pick up the car. Perhaps you could reach out to him and offer to buy it back for 50% of the price he paid, although you might never want to see this cursed car again.

[ntp Addicted PP Member Find all posts View Profile Close ntp]

I guess this fellow just learnt one of "life's lessons". Well done Pugaree.

[Nik83 Member Find all posts View Profile Close Nik83]

Wow! Sounds to me like the young guy had his hand forced by his mother or buyers remorse. Either way, as if you wouldn't look at this as a bad decision and move on... It's not like he's never bought a used car before and can say he's never heard of caveat-emptor.

I get he must have worked a long time to earn $5k, but ... Be responsible and realise your mistakes... And seriously, that mother... Sounds peachy D: