Consumer Claims
We understand how frustrating it is to spend your hard- earned money on a new product or service only to be unsatisfied with what you receive. If you are a consumer with a grievance or complaint in relation to your dealings with a business, you may have a claim against the supplier and/or manufacturer. We are able to help you investigate your legal rights and remedies in these circumstances.
The Australian Consumer Law provides a set of consumer guarantees that apply whenever goods are supplied to “consumers” which state that:
- Issuing a letter of demand to the debtor
- Making contact with the debtor and negotiating payment
- Where necessary commencing proceedings
- Where settlement of the debt is not possible, we obtain Judgment against the debtor
- Enforcement of the Judgment
Once the breach is established, the remedy available falls on the definition of whether the breach is considered a major failure.
In NSW, NCAT deals with consumer claims valued up to $100,000. To learn more about consumer claims at NCAT including remedies available to you, refer to the NCAT website.
It is important to note that there is no automatic right to (legal) representation in NCAT and an application to the Tribunal must be made to seek leave to allow you to be represented. In circumstances where the proceedings involve a claim or dispute for more than $30,000 or complex issues of law or fact, the Tribunal’s Guidelines are to allow representation.
We have successfully represented our clients in NCAT for various matter including claims for repair and compensation for new motor vehicles received damaged (during transit from the factory) and are able to guide you, with the help of collision safety consultants, through the process.
For more information about your consumer rights, contact us today.