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CRH

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Everything posted by CRH

  1. Collect repainted vehicle at the end of the week. Looking forward to owning a vehicle that does not have paint peeling off. Good luck to you all that pursue Toyota to have their vehicle repainted
  2. Thank you Anthony. Don't give up on your consumer rights to have a vehicle that is a durable product. Toyota Australia should hold their head in shame for how they are treating their customers. They know of the quality problems with paint codes 040 & 070, yet choose to fob their once loyal customers off.
  3. Thank you Tony. Work will commence in first week of October 2022. I have been informed 20 days will be required for the repair process to be completed. Toyota Australia has come to the party and will be accepting the cost with the local dealer carrying out the work using a subsidiary Auto repair business. All work will carry the usual warranty while also using OE hardware. The dealership has kindly offered a loan vehicle during the repair period. Good luck to everyone who is affected by this paint issue. My recommendation is that you all do your homework and gather the data and facts that will build a case. Then proceed to your state small claims tribunal. Another way would be to all band together for a class action towards Toyota Australia. Hopefully what I have achieved will help you all.
  4. Mediation was carried out yesterday and the Australian Consumer has ended up with a positive result. My vehicle will now get repaired at no cost to myself..
  5. Yes it will be interesting for everyone who has been affected with the paint peeling issue on their vehicles. A reasonable person at mediation would not expect anything less than what is required to repair all metal panels of the vehicle. We all know what that involves. The case being heard in front of a magistrate would allow the case to be publicly available to read. This could then assist everyone who is affected to also build a case towards getting their vehicle repaired.
  6. The dealer and their application for dismissal of my claim has been rejected by the tribunal. I am now waiting for a mediation date at QCAT. If an agreement cannot be made at mediation, then my case will be heard by a magistrate. When I have more info I will update this thread.
  7. For all of the people with vehicles purchased before 1 January 2011 here is some info about the Trade Practices Act and your consumer rights. Come 1 January 2011 the Australian Consumer Law (ACL) took affect. The Trade Practices Act and its contents carried over to the ACL. Please find attached two files that will assist your claims showing your rights as a consumer in Australia. 0553FT_ACL-guides_Guarantees_web.pdf Warranties and refunds - a guide for consumers and business.pdf
  8. Response has been submitted. Wait and see what the tribunal decides.
  9. Had a curve ball email from QCAT this morning. The respondent company has submitted an application for the case to be dismissed. My response to the application for the dismissal to be rejected will be submitted tomorrow. Bumpy road ahead. I will update this forum of my adventures. I am feeling good about my case and how it will help all of you people in the future who have been affect within an inferior product.
  10. Good morning everyone, The latest update I have regarding my pending action within QCAT is that I am heading to mediation sometime soon. QCAT is still unable to provide a date at this point in time. If an agreement cannot be worked out, then the matter will be heard at the tribunal sometime after that.
  11. Come Friday this week I will know more and what path within QCAT I will be taking. Slow process but hopefully worth the wait.
  12. Good luck Anthony. Can I suggest you correspond via email only. If you choose to proceed in making a claim via the courts it makes it strengthens your case. I am happy to help anyone that has the same issue with paint peeling from their vehicle.
  13. Yes the vehicles are past the manufactures warranty. They will always fall back to that as an answer. My case is based on the Competition & Consumer Act. The manufacturer and dealership will always say no to any claim we make in relation to paint peeling from our vehicles. What they rely on is for people to walk away because it is too hard to pursue further. If we all as individuals start the process of submitting claims via each states small claims tribunal then I believe that Toyota will need to listen. If only one of us has a win in court, it then becomes public knowledge. I am sure Toyota will not want to see another black mark against their name in Australia. They have a pending claim with the Hilux vehicles. I am looking forward to having my day in court.
  14. Today I served my QCAT submission to the Toyota Dealership. Will now wait for QCAT to organise a date for mediation or a hearing at QCAT. I will keep this thread updated in relation to my journey in seeking justice from Toyota. Also please find attached the Technical bulletin that was issued by Toyota USA in relation to the paint peeling issue. T-SB-0162-19 White Paint Peeling.pdf
  15. Competition & Consumer Act 2010 (attachment 31) 2.pdfCompetition & Consumer Act 2010 (attachment 31).pdf Here is the consumer legislation I am basing my claim on
  16. Application goes to QCAT tomorrow. Will advise when I have a court date.
  17. Thank you Tony. Yes it is time consuming, but hopefully I will also have a win in the court. Slow and steady wins the race. With the available information online and locally available I reckon I have a good chance for a win.
  18. I thought I would let you all know where things currently are at. At this point in time I am gathering my evidence and data that will form my case at QCAT. Once I have submitted my case for hearing at QCAT I will update this page.
  19. The local trader has washed their hands of the issue of paint peeling from my vehicle. Office of Fair Trading has informed the next step is to the local court. I am off to the QLD Civil & Administrative Tribunal. Currently bringing together my data and information for my application to QCAT. I am looking forward to having my day in court. Not sure if anyone else on this thread has instigated legal proceedings on this issue. PM me if you like to talk more.
  20. Hi Karan1, At this point in time I have lodged a compliant with QLD consumer affairs. It is early days but I will defiantly keep you in the loop. If I have no success, the I am off to the local magistrates court. I agree that if there are enough people who would be willing to come together for a class action that would be great. The ACCC along with QLD consumer affairs did both mention that it would not meet the consumer durability laws. Toyota Australia is blaming the Toyota dealer I purchased it from and vice versa. It is comical.
  21. I also have the same issue with paint peeling off my 2006 Prado with Pearl white paint. I noticed a small amount on the roof at the start of 2021. I have currently dealt with the dealer I purchased it from, along with Toyota Australia. Both have said a big fat no. My local vehicle repair informed me it is a common issue with this colour and time period. They also mentioned that as I am the original owner my claim should have been accepted. I am in the process of again contacting the dealer along with Toyota Australia and asking them for my vehicle to repaired with a complete respray on the panels where the paint is peeling. If not successful then I will be using the Office of Fair Trading and let them deal with it and then thorough local magistrates court. I have talked to ACCC along with OFT and they both have agreed that a vehicle should not have any issues of paint peeling at 15 years of age. Consumer Guarantee for durability has not been met.
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