Should I refund?

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

Ok, so received a letter in the post today, my little mate has raised a Civil Dispute Application with the Civil and Administrative Tribunal.

He states" I went to purchase a red Daimler car from (My Name). The car was not as specified by Michael and there was insufficient paperwork. He could not provide me with the cars registration papers. Due to these reasons, I did not want to buy the car and I wish to reclaim my deposit of $5000 from (My name).

I have just finished tidying up my notes that I have kept as this has progressed, thank god I was advised to do this at the start. I can't see that he has any case at all and all it is doing now is peeing me off. I do have his address now though.

I'll be seeing my solicitor on Wednesday and submitting whatever it is I have to submit.

I think his wording is interesting too, it wasn't a deposit, it was payment in full. He was also happy with the notice of disposal. I can't wait to see his face when I produce the imprint of the notice of disposal, perfectly matching the handwriting on tonight's paperwork.

This'll be interesting... payment in full... took possession of the vehicle... I know which horse I'm backing in this race.

[brogers Advanced Member Find all posts View Profile Close brogers]

Dear folks,

Interesting discussion and topic...but perhaps for another forum... I suspect.

I'm not being rude or angry...I'm just saying...I'm not so sure that Pradopoint is the best place for this...as the case involves the sale of a Daimler. Different mater if it was the sale of a Prado....but if it was Prado, he would not want his money back

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

Dear folks,

Interesting discussion and topic...but perhaps for another forum... I suspect.

I'm not being rude or angry...I'm just saying...I'm not so sure that Pradopoint is the best place for this...as the case involves the sale of a Daimler. Different mater if it was the sale of a Prado....but if it was Prado, he would not want his money back

The make of the car is irrelevant, it's some lessons about buying and selling cars.

Relevant and entertaining, please keep us updated.

[Pugaree Member Find all posts View Profile Close Pugaree]

Dear folks,

Interesting discussion and topic...but perhaps for another forum... I suspect.

I'm not being rude or angry...I'm just saying...I'm not so sure that Pradopoint is the best place for this...as the case involves the sale of a Daimler. Different mater if it was the sale of a Prado....but if it was Prado, he would not want his money back

And maybe your thread http://www.pradopoint.com/showthread...ts-water-taste would have been more relevant on a water jerry forum.

[clarkie383 Member Find all posts View Profile Close clarkie383]

Definitely relevant.
Anything that helps others is good.
If you don't like it brogers then just pass the link and don't click on it.

[dannyo Lurker Find all posts View Profile Close dannyo]

I'll get the popcorn

[Dabeanian Member Find all posts View Profile Close Dabeanian]

And maybe your thread http://www.pradopoint.com/showthread...ts-water-taste would have been more relevant on a water jerry forum.

TOUCHE.
Keep us informed,
Alan.

[Guest Close Guest]

Don't forget to add your costs to your defence, I suspect he will lose as he has paid and taken the vehicle, and filled out paperwork accepting as such... Might as well take some more of his money..


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

Don't forget to add your costs to your defence, I suspect he will lose as he has paid and taken the vehicle, and filled out paperwork accepting as such... Might as well take some more of his money..


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Sniff of blood and going in for the kill

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

Pain and suffering too? Remember that time you hurt your back when you had to mow the grass around a car that someone careleslky left on nature strip?

[Guest Close Guest]

Should I refund?

Not going in for the kill at all. Your legally entitled to compensation of any costs ( legal counsel) parking, wages lost, etc etc...for his time wasting antics. Most likely when he realises a defence has been posted against his claim he will back off and hopefully withdraw the claim, realising it's going to possibly cost him more.
Old story of caveat emptor that the buyer has obviously ignored.


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[wifecallsmegrumpy Member Find all posts View Profile Close wifecallsmegrumpy]

It sounds like the kid has been given some really bad advice, which is a shame as your first post sounded like you guys got along ok. You are likely to be successful at the CAT so why not call him and tell him what you plan to do ? He might drop the whole thing. It's rapidly getting to the point that if it happened to me I couldn't be bothered and knowing how screwed up the court system is it could leave me with a terrible outcome. No chance he would have a mediation at your lawyers office ?

[Pugaree Member Find all posts View Profile Close Pugaree]

It sounds like the kid has been given some really bad advice, which is a shame as your first post sounded like you guys got along ok. You are likely to be successful at the CAT so why not call him and tell him what you plan to do ? He might drop the whole thing. It's rapidly getting to the point that if it happened to me I couldn't be bothered and knowing how screwed up the court system is it could leave me with a terrible outcome. No chance he would have a mediation at your lawyers office ?

Yes, I thought we might have stayed in contact, I was keen to see what he did with the car and he seemed like a nice bloke. I'm entirely convinced that the bad advice is coming from Mummy, and will be happy see her in the tribunal. I would call him but he won't take my calls, in any case I'll leave the course of action to the solicitor now and see what eventuates.

I'll update a little more later today after I speak with the solicitor but will probably go quiet on this thread after that until it's resolved. I have a printed copy of this thread that I will submit with everything else I have documented as it has a perfect timeline and summary of events with dates that supports my written statement.

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

Trouble with NCAT is that for $100 anyone who wants a go at you can lodge a claim which you have to then waste time and effort defending. Earlier this year I was summoned to appear before NCAT because of a dispute with a badly informed builder. His claim for $20K was tossed out. He got nada but the missus and I spent hours getting our facts down and lost two half days of work. It sucks that you may have to pay for legal advice to dispute a claim which has no merit.

[Pugaree Member Find all posts View Profile Close Pugaree]

Well I have just met with a solicitor. Incredibly with this process, I can't claim any costs at all, anything I do is at my expense. I can't even go to the small claims court to recoup costs.

She explained that the ACAT in Canberra is a touchy feely organisation manned by hippies (my words not hers) and that they often side with the perceived victim. I will most likely win but I have to be prepared for it to take a few months and a few hearings.

At this stage I have asked her to submit my paperwork and write him a letter explaining the no win situation he is in and hopefully have him withdraw his complaint. If not, I will represent myself at the hearings. It will be too expensive if she shows up with me.

To say I'm a little cranky would be an understatement.