Bit of advice on brand new car

[kempy311]

Originally Posted by KOZ1K4N

thanks seen u this morning u where turning onto leach i was going down tonkin drop ute off around 715ish

Yer was on the way to tafe in carisle.

[xisled]

Originally Posted by KOZ1K4N

No not at all have basically told me to f off ford australia says it came with a brand new one from factory and McInerneys in morley are saying that they want nothing to do with it basically. so i have a stuffed/damaged rim and a ****** tyre that they wont do anything about so im going to be seeking legal advice tomorrow.

No point taking legal action as you can not prove Ford has done anything wrong, Ford would argue that you have had the car for 3000ks and the rim was damaged in your possession. Also legal action will probably cost you more than the tyre and rim is worth. I know it sucks, but you are better off getting a new tyre and rim fixed and move on from it.

[Yellow_Festiva]

Try fair trading. Calling Ford head office first and raising an official complaint as that's the first thing fair trading will ask you to try.

[EVLKNEVL]

Originally Posted by xisled

No point taking legal action as you can not prove Ford has done anything wrong, Ford would argue that you have had the car for 3000ks and the rim was damaged in your possession. Also legal action will probably cost you more than the tyre and rim is worth. I know it sucks, but you are better off getting a new tyre and rim fixed and move on from it.

That's a lousy piece of advice.
There are plenty of actions you can take before you even spend a cent in this type of situation, the reason this kind of thing continues to happen is because people fail to take action when they are in the right. A replacement wheel and tyre is worth a lot less to a car dealer than the threat of serious legal action as well as reprimand from higher up within Ford. A simple call to fair trading will let you know exactly what action can/should be taken.

[Brazen]

Originally Posted by xisled

No point taking legal action as you can not prove Ford has done anything wrong, Ford would argue that you have had the car for 3000ks and the rim was damaged in your possession. Also legal action will probably cost you more than the tyre and rim is worth. I know it sucks, but you are better off getting a new tyre and rim fixed and move on from it.

That's not how the legal system works, it will pretty obvious to any court that something dodgy is going on, especially as they don't even come standard with an alloy spare.

It's not a murder trail, it's a low value civil action which simply rests on the balance of probabilities on who is telling the truth?

[KOZ1K4N]

i get what everyone is saying that there is no point but the rim still has the yellow sticker on it which imo would have been taken of when being cleaned thats the first thing that tells me that it hasn't been on there when i was driving as i spent 4 hours cleaning it when i got home and i would have taken it off to start with.

[NX74205]

Originally Posted by Brazen

That's not how the legal system works,

Actually, it is.

All civil cases are proven on the balance of probabilities, but you still need evidence. The court isn't simply going to take your word for it if you have no evidence.

Also, litigation is expensive. People can end up losing more than they gain. It is meant to be a process of last resort.

Sometimes, even if people are in fact in their right ... it's just not worth it. Write off the loss and move on.