need advise urgent!!!!cancel paint protection on new car - Page 2

xr8cobra · 09-09-2008, 10:23 PM

ring the finance company tell em your storie and you have every right to withdraw from the contract, you rang within 24/hours so your within your rights.tell them you were mislead into this scam (paint protection)then tell the finance company you will contact fair trading and bloody do it dont wait any longer. or contact a solisitor and he will ring and give em what for. good luck mate

Sam · 09-09-2008, 10:23 PM

I would only deal with the dealer principal from this point on, if you think you need help then let someone else speak for you who will remain calm and composed. Outline the basics, you want the car, you do not want the paint protection. Conform that the fax was sent and how you have been treated. Above all seek professional help, most law practices are happy to offer initial advice for zip.

twinkle_twinkle · 09-09-2008, 10:27 PM

the paint protection for 3k was not financed. just the car price was financed.
so i will have to pay this 3k out of my pocket when i pick up the car....which i cant afford.

btw wats dealer principle ?

Braddy36 · 09-09-2008, 10:27 PM

Quote:

Originally Posted by twinkle_twinkle

just bought a new car and signed the contract.
after signing contract - they showed us after sale stuff and we signed for paint protection. this was not part of contract we signed. just an invoice copy.
called next day and said we want to cancel it. and they say no.

need advise. am i bound to this paint stuff thing ??

pls reply...thanks!!!!

I feel for you mate. I signed a contract on the weekend for a new car & I was anticipating the aftersales pitch. I got quoted $2,250 for the whole package. I politely declined the offer.

Geez as others have stated, all you can do is to talk to the dealer principle & stress the point that It's important for this transaction to be conducted in a fair, pleasant manner.

After all, if you are a satisfied customer, you'll refer other people to this dealership. Conversely, an unhappy customer has the potential to cost this dealership clients & money with negative feedback. That's the angle I would take. Be assertive but calm & polite.

**ebxr8240** · 09-09-2008, 10:29 PM

What sort of car is it?? If the dealer says it needs paint protection ??
Then I have to ask? Whats wrong with the original paint ??
Save the money for paint touch ups latter ..
It won't stop stone chips etc...

twinkle_twinkle · 09-09-2008, 10:32 PM

well i wud never ever recommend them to anyone. and wudnt go back there ever....not even for service. they just want to make money....no sense of ethics...

twinkle_twinkle · 09-09-2008, 10:34 PM

braddy wat car did u sign over the weekend ??

Abacus · 09-09-2008, 10:35 PM

Who is the dealer?

twinkle_twinkle · 09-09-2008, 10:36 PM

i'll tell u after i sort this out....

**ebxr8240** · 09-09-2008, 10:36 PM

Name & shame ..

BIGJB · 09-09-2008, 10:36 PM

Quote:

Originally Posted by bonspeed

you have a seven day "cooling" off clause, If they refuse to refund the paint protection tell them to jam it.

Try 24hrs.(in qld it is anyway)

**ebxr8240** · 09-09-2008, 10:38 PM

Threaten to cancel the whole sale..

twinkle_twinkle · 09-09-2008, 10:40 PM

nope cant....new cars have no cooling off period in vic

Braddy36 · 09-09-2008, 10:42 PM

Quote:

Originally Posted by twinkle_twinkle

braddy wat car did u sign over the weekend ??

I brought a G6E mate. This is the 3rd new car I have brought so I was a bit wiser this time around with the process.

twinkle_twinkle · 09-09-2008, 10:44 PM

wish i was smart too :(
my first new car!!

mcnews · 09-09-2008, 10:46 PM

The laws differ from state to state in regards to cooling off period. In WA I believe there is no cooling off period.

Braddy36 · 09-09-2008, 10:51 PM

Quote:

Originally Posted by twinkle_twinkle

wish i was smart too :(
my first new car!!

It's a bit hard for you though. Things are happening pretty quickly in there. You're elated about buying your first car. You're on a high. The salespeople are very good at their job.

They make the extra's sound like it's so important for you to have these, to protect your new "baby". You just go with the flow. It's hard to say no sometimes.

Don't be too hard on yourself. You just need to find a solution now.

Abacus · 09-09-2008, 10:54 PM

You're down a few grand at the moment.

Spend a few hundred with a solicitor tomorrow, get him to send a letter.

I just can't understand the mentality of some of these dealers.

ILLaViTaR · 09-09-2008, 10:57 PM

When we bought our Patrol we signed the contract and we got offered the same crap AFTER we signed the contract. They said it was completely optional and didn't pressure us; Just a bit deceiving really, you expect to pay a price for a car and then come along all the surcharges.

Dad still wasn't happy though, and they give you a lifetime (probably to 200 000k's or so) warranty on the paint and leather, so every time it gets a scratch we put it in and they repair it.

I'm surprised scratches are covered under warranty, I think the only thing we're not covered for is if bat droppings damage the paint.

Reality is the so called lifetime treatment disappears after a year or so, but as long as we got the warranty we couldn't care.

As for the above post, if you want to be smart, don't buy a new car lol.

MNM96 · 09-09-2008, 10:58 PM

Quote:

Originally Posted by Silver Ghia

Hmmm.... Ming mole strikes again.

Reminds me of this thread...http://www.fordforums.com.au/showthread.php?t=74240

Yeah, but did you see the size of her.....................earings

:

twinkle_twinkle · 09-09-2008, 11:05 PM

i'll try to sort it out with the dealer first....hopefully they see some sense

DDXR6T · 09-09-2008, 11:14 PM

Sad to hear. But the fact is - If nowhere in you're contract says that you are legally obliged to pay for the paint protection, then you don't have to pay it. They need proof that you did indeed give the go ahead for it. Simply presenting an invoice to you is misleading, and all they can hope for is that you're stupid enough to pay it. Tell them you want a signed copy of a contract where you are legally binded into paint protection, or you will pursue avenues to cancel the entire contract.

Stick it to them. Be firm and don't let them walk over you. Take a pitbull if neccessary.

balthazarr · 09-09-2008, 11:15 PM

You say that the invoice for paint protection is not a contract, but it may very well be... I'd have to see it to be sure.

You might want to check the Motor Traders Act 1986 (Vic) - see here: http://www.austlii.edu.au/au/legis/v...t/mcta1986194/

At a glance, s43 may be of assistance... you won't get all your money back (they can keep $100 or 1%, whichever is greater), but it's a start. This doesn't apply if you've bought the car in the name of a company, it's a commercial vehicle, or you've signed a waiver, etc. You must also give or serve written notice of your intention to terminate, for it to be valid.

Failing that, there's always s52 of the Trade Practices Act, but you haven't indicated anything that may indicate misleading or deceptive conduct.

Of course, I don't know the circumstances surrounding the sale, and am not giving you legal advice... merely trying to point you in the right direction.

:

twinkle_twinkle · 09-09-2008, 11:24 PM

its a 1 page invoice copy. doesnt have any terms or conditions on it..just the price for the paint stuff. so it cant be a contract. and i've also sent them a cancellation in writing within 24 hrs...

DDXR6T · 09-09-2008, 11:26 PM

Quote:

Originally Posted by twinkle_twinkle

its a 1 page invoice copy. doesnt have any terms or conditions on it..just the price for the paint stuff.

Sounds like they're just hoping you'll be a pushover and pay it, how old are you?

twinkle_twinkle · 09-09-2008, 11:28 PM

well they are wrong...i might be young. but i am not going to let them get away with it...

balthazarr · 09-09-2008, 11:32 PM

Quote:

Originally Posted by twinkle_twinkle

its a 1 page invoice copy. doesnt have any terms or conditions on it..just the price for the paint stuff. so it cant be a contract. and i've also sent them a cancellation in writing within 24 hrs...

It most certainly can be a contract... generally, contracts do not have to be in writing (there are some exceptions... but that's for another thread).

A contract may also be contained in more than one document. Check the terms and conditions of the contract for the car... you may find that it makes reference to other documents, all of which together form "the contract".

(I purchased a new car last week, but don't have my contract with me, it's at work.)

balthazarr · 10-09-2008, 12:08 AM

Quote:

Originally Posted by balthazarr

...
Of course, I don't know the circumstances surrounding the sale, and am not giving you legal advice... merely trying to point you in the right direction.

:

Trying, and failing... of course, s43 only applies to used cars. :togo:

LTDterri · 10-09-2008, 08:26 AM

I feel for you brother, my dad got ripped by this type of thing back in 85 when he bought the XF. He ended up taking it on the chin and moving on. Im not saying you should let it go but you may have no choice and put it down to experience. On a brighter note I never buy this rubbish but am always happy to speak to the D cup who is trying to sell it...good luck again mate hope you get out of it

AndrewR_AUII · 10-09-2008, 09:58 AM

In SA few years ago, purchased a car 'subject to finance'.

Negotiated deal, went up to bank to sign loan contract.... found they had added 'extended warranty'....
So, refused to sign loan until it was removed.... dealer moved pretty quickly.

My take on it, is the invoice is not for what you signed the contract for...
Usually, your local motoring association will be able to provide members with legal advice.... give them a call.