Resolving your dispute

This Topic Includes:
The Disputes Tribunals
Taking a claim to either Tribunal
Preparing for a Tribunal hearing

 

If you have tried to resolve the problem you have with the seller and they will not accept that they have to provide you with a remedy, try taking these steps:

• Talk to the manager of the business, if you bought from a trader.
• Write a letter to the seller setting out the problem and the remedy you believe you are entitled to.
• Get a second opinion on the problem from a qualified independent vehicle specialist.
• Think about what the seller is offering and ask yourself -“Is this a reasonable compromise?”

If you are unable to resolve the problem with the seller, you may be able to take a claim to a disputes tribunal.

The Disputes Tribunals

Two different types of disputes tribunals can hear disputes concerning motor vehicle purchases:

• the specialist Motor Vehicle Disputes Tribunal (MVDT) – for disputes with motor vehicle traders
• the general Disputes Tribunal - for disputes with private sellers and motor vehicle traders.

The tribunals are informal courts where you represent yourself.

Taking a claim to either Tribunal

Gathering information and evidence

You will need to gather information that supports your claim:

If the vehicle is faulty you should ask a qualified vehicle specialist to provide a list of defects, the work required to fix those defects, and the estimated cost of that work. Take this report and any other relevant papers to your tribunal hearing - eg, the Certificate of Registration papers, your copy of the Consumer Information Notice, or the advertisement for sale.

If you are claiming that the vehicle is different from the information on the Consumer Information Notice, or that the seller made false representations about the vehicle, you should have valuations prepared by a registered motor vehicle trader showing the difference in value (as at the date of sale) between the vehicle as described, and the vehicle you bought.

Keep a written record of:

• the dates and times problems occurred
• details of what happened
• the names of any witnesses who were with you when you bought the car or when you had problems with it
• any correspondence you have had with the seller
• what was said and agreed to at any meetings with the seller, and the dates of those meetings
• mechanical inspections, quotes, or receipts for repairs.

Preparing for the tribunal hearing

Before you attend a hearing you should ensure you have all the information you need:

• plan what you will say at the hearing
• write down a detailed description of the problem
• make sure you have all your information and evidence together
• ask witnesses if they will give evidence for you
• decide what result you want.

If you want help to prepare your claim you can ask:

• a Citizens Advice Bureau (check the telephone book for locations)
• a Community Law Centre, if there is one in your area.

The MVDT is an independent tribunal run by the Ministry of Justice [external website]. It costs $50 to file a claim with the MVDT.