After submitting a question to NSW Fair Trading a few days ago I got a call back today, really helpful lady made the call to me. The online query system is really easy to use, only takes a few minutes – I would recommend it to anyone who has a query in relation to their rights.
She told me they had found it quite an interesting case, and had all discussed in their team given the implications of what could happen if it went to NCAT. She suggested reviewing the Terms and Conditions which came with the vehicle to see if they covered what may, or could, happen with the software.
I’m still waiting for any software agreements from Mercedes Benz which I requested a couple of weeks ago. Maybe they can’t find it … ?? Today I will send a follow up to both Mercedes Benz and G Brothers.
What she did go on to say was there would almost certainly be a claim against G Brothers for the loss of functionality which was supplied. Quite simply the vehicle now doesn’t operate with the same functions as it did when it left the factory.
She said either this matter could first be followed up with NSW Fair Trading, that’s a no cost option, or go straight to NCAT (NSW Civil and Administrative Tribunal). The benefit of going via NSW Fair Trading first is there is no cost associated; but they also cannot make an order to make good in line with the ACL.
Going to NCAT comes at a relatively small cost, but they can make orders which can be upheld.
She also suggested talking to LawAccess NSW to get further information and direction on this case. I’ll probably contact them in the following few days.