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MarkTaylor
Member Since: 28 Dec 2006
Location: Brisbane
Posts: 185
  
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| How's this for good news??? |
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Hi all... bought my D3 V6 petrol in December 2006. Shiny new on the showroom floor.. first registered and delivered on December 27 when I picked it up.
In today's mail I get a note from LRA telling me that my Roadside Assist will expire on November 30.
How can this be?
I ring the dealer (Australs Brisbane) and the service department tell me that my car is a demo first registered on November 30. My contract for sale says new car... odometer reading new car.
So I guess I have been stitched up... this is the last car Australs will ever sell me.
Any comments or experiences?
Cheers
Mark Taylor Nothing of any value is ever achieved without some sacrifice.
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 5th Oct 2009 1:12 am |
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gps-au
Member Since: 14 Apr 2009
Location: Sydney
Posts: 57
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| Re: How's this for good news??? |
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MarkTaylor wrote:first registered and delivered on December 27 when I picked it up.
If your original registration papers & label back the above statement, you actually have a case to go to the dept of fair trading.
It is an interesting point, as to whether you had been sold a demonstrator or a new car.
I believe that technically a demo with 0k's and a new car can be regarded the same, but if the vehicle has previously been registered as a demonstrator, and then "re"registered new, something interesting may have been going on which only close examination of records might show.
Something like selling hail damaged "new" cars without the damage being revealed..... hey this sounds just like southeast queensland we're talking about 
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| 5th Oct 2009 2:41 am |
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caverD3
Member Since: 03 Jul 2006
Location: Oberon, NSW
Posts: 6922
 
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If the car has been registered early and you were told it was new you have not just lost LRA (which should last three years I believe) but also on rego.
Vehicle is not supplied as stated.
You have grounds for rejection. This is deceptive conduct on the part of the dealer if they failed to inform you of the date of registration being different from the date you boght it.
Suggest you tell the dealer you intend doing this then make sure they come up with some serious compensation. Not just a free service.  “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely gamesâ€
Ernest Hemmingway
D4 3.0 Active Diff, Adaptive Lights, High Beam Assist, Surround Cameras, Privacy Glass.
D3 2.7:Adaptive Headlights,Electronic Rear Diff,ARB Bar,Blaupunkt Speakers,JVC Powered Subwoofer,Removable Snorkel,Mitch Hitch,Pioneer After Market Head Unit,Steering Wheel Control Adaptor,Remote Adjustable Supension Rod System, Taxside Dual Battery System.
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| 5th Oct 2009 8:26 am |
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Jamo
Member Since: 18 Jan 2006
Location: Esperance, Western Australia
Posts: 1170
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Breach of Contract! Have a nice day!
2010 Cayenne Diesel with PASM & Off Road Pkg
2005 HSE D3 (Sold)
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| 6th Oct 2009 6:13 am |
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gps-au
Member Since: 14 Apr 2009
Location: Sydney
Posts: 57
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Jamo wrote:Breach of Contract!
sounds a bit like a song !!
money, money, honey........
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| 6th Oct 2009 7:15 am |
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jonesy63
Member Since: 17 Oct 2006
Location: Didn't we have a lovely time, the day we went to ...
Posts: 848
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Mark,
In case settlement of the dispute drags on... it might be a good idea to get your "list of items to be fixed before warranty runs out" ready. Whenever that is! Good luck!
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| 6th Oct 2009 10:36 am |
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MarkTaylor
Member Since: 28 Dec 2006
Location: Brisbane
Posts: 185
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Well... according to Fair Trading Qld, a demo car is classed as second hand. So they have breached a contract. One of the Execs in the AP Eagers group is looking into it for me. We will wait and see.
I guess my next approach is something like.... "So, how do we fix this.. do my lawyers call yours or what?"
Cheers
Mark T Nothing of any value is ever achieved without some sacrifice.
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| 6th Oct 2009 10:41 am |
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Dan W
Member Since: 21 Jun 2008
Location: Brisbane
Posts: 355
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It would be worth thinking about what you think it would take to fix it. Might need to find out what discounts where going on Demo's back then and work out how much you were overcharged.
What was the actual odometer reading when you picked up the car? I'm sure mine had about 3km's on it which probably is explained by driving on and off a boat. 2012 MY13 SDV6 SE D4 Ipanema Sand with Almond leather
2012 TDI Passat - they reckon the DSG is crap, I reckon it's awesome
2010 MY11 Mitsubishi Challenger - Gone (it was a "Challenging Year")
2007 MY08 TDV6 SE - gone
Last edited by Dan W on 6th Oct 2009 12:50 pm. Edited 1 time in total
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| 6th Oct 2009 12:42 pm |
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Dan W
Member Since: 21 Jun 2008
Location: Brisbane
Posts: 355
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Also, if you think you wanted to take legal action you might want to look into the statute of limitations. You have 3 years in Qld but I'm not sure if that would apply from the day of the loss, or the day you discovered the loss.
A mate of mine was successful in getting some money back from a dealer a couple of years after he bought what he thought was a Lancer VRX - it had a VRX sticker on it, but when he went to sell it the RACQ guy picked up the VIN was for that of a lesser model. My mate (who is a lawyer.....) argued that it was the dealers responsibility to sell a vehicle that matched the contract of sale description.
If you have a mate who's a lawyer I'd see if he can give you an over coffee advice! 2012 MY13 SDV6 SE D4 Ipanema Sand with Almond leather
2012 TDI Passat - they reckon the DSG is crap, I reckon it's awesome
2010 MY11 Mitsubishi Challenger - Gone (it was a "Challenging Year")
2007 MY08 TDV6 SE - gone
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| 6th Oct 2009 12:49 pm |
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MarkTaylor
Member Since: 28 Dec 2006
Location: Brisbane
Posts: 185
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Yes... had coffee with a retired lawyer mate yesterday.
Have some good advice.... I'll just wait for Australs to make the first move.
Cheers
Mark T Nothing of any value is ever achieved without some sacrifice.
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| 7th Oct 2009 5:38 am |
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MarkTaylor
Member Since: 28 Dec 2006
Location: Brisbane
Posts: 185
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Yes... had coffee with a retired lawyer mate yesterday.
Have some good advice.... I'll just wait for Australs to make the first move.
Cheers
Mark T Nothing of any value is ever achieved without some sacrifice.
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| 7th Oct 2009 5:38 am |
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