Car Damaged During Transport

greciandelts on 27/08/2019 - 14:03
Last edited 27/08/2019 - 17:09 by 1 other user

Hi All,

Hoping to get some advice.

A few weeks ago i shipped a car from north queensland down to NSW.

During the shipment there was damage done to my rims (have before and after photos).

I raised a complaint and the company (movingcars.com.au) has put the blame back on the sub contractors, who have advised the damage was there when they got it (i can only assume more than 1 sub contractor was involved in the process) I advised them this is against fair trading regulations for them to point me else where and subsequently raised a fair trading complaint.

After weeks of fair trading attempting contact, the company (movingcars.com.au) has ignored their request to take action. Fair trading have advised me to pursue legal action if i wish to take it further.

Any advice on my next step here? Has anyone been in this situation before?

Are legal costs going to end up being more than what replacing the rims myself would be?

Thanks all

Automotive

Comments

  • spackbace on 27/08/2019 - 14:08
    +4

    FWIW, just for anyone interested, every dealership I've worked at has used CEVA to move cars around and they do before/after checks.

    Not helpful to your question, but helpful to those interested in the topic :)

    • payton on 27/08/2019 - 15:05
      +3

      still no guarantee even with CEVA.
      They damaged our work vehicle, had to be pointed out to them when we collected - ie they didn't check or admit fault when we arrived. Good thing we took photos before and after, too.
      That one time they also forgot to put plastic cover on the seats and footwell - the nicety included in the price.

      They paid out in end, but disappointing considering the size of the company

  • HighAndDry on 27/08/2019 - 14:09
    +3

    Insurance?

    Are legal costs going to end up being more than what replacing the rims myself would be?

    How much are the rims?

    • greciandelts on 27/08/2019 - 15:13
      +1

      About 2k

      • HighAndDry on 27/08/2019 - 15:18
        +2

        Ah. That wouldn't go very far in terms of legal costs. Will stretch to about a letter of demand and filing a claim (in small claims) at most imo.

        And both of those you can do yourself without a lawyer (for the same reason that the costs would very quickly exceed the amount of the claim).

        • Kangal on 27/08/2019 - 15:34
          +6

          ^This.

          Write a letter of demand. If nothing, pursue to NSW Small Claims.
          The company may find you a hassle and own up responsibility, and make a claim from their business insurance.
          Or they might decide to fight the charges. Likely they may not know to transfer the case to QLD, so they may probably settle out of court before the trial date. Or if they're smarter, they might make you pursue it in QLD Small Claims…. in which case, you should actually do it. Just fly up for a day in Brisbane/GC, state your case, provide your evidence. It might cost you $100 flight, $100 transportation, and $100 in food/lost revenue. But $300 is small price to pay for "the principle" and when looking at the price-tag of those $2k rims.

  • dcep on 27/08/2019 - 14:26

    Exotics ?

    If not then go small court claims if you got the time to attend.

    https://www.accc.gov.au/contact-us/other-helpful-agencies/sm…

    • 87percent on 27/08/2019 - 14:56

      im guessing it was an import, most likely from Japan

    • greciandelts on 27/08/2019 - 15:14

      Just a BMW,

      Any issues with small claims based on the fact is a QLD company and im now residing in NSW?

      • HighAndDry on 27/08/2019 - 15:19
        +1

        Eugh. For costs and logistics reasons you'd want to file in NSW - but it's possible the company might argue, and get, the venue changed to QLD. And in that case it'd cost you more to run the case - even without lawyers, than the rims are worth.

  • Quantumcat on 27/08/2019 - 15:29
    +1

    If it were me I would probably suffer the loss but blast them on review sites and on their Facebook if they have one

  • ass3ts on 27/08/2019 - 15:30

    Wouldn't be worth the effort if they are just scratches on standard BMW cast wheels. 2k a set from BMW will be smaller standard cast wheels.

  • Fysh on 27/08/2019 - 16:26
    +5

    Tell them if they don't pay up you'll buy ad words for their website for the next 10 years pointing them to you own review website with pictures.

  • garetz on 27/08/2019 - 16:28

    Legal costs will defiantly be more more than 2k, but you can also get them to pay for your legal costs as well if they are found at fault.

  • vikvance on 27/08/2019 - 17:24
    +2

    No one has suggested bikies ?!

    • HighAndDry on 27/08/2019 - 17:38

      Hahaha, we should all be ashamed. Though OP's in NSW, the company's in QLD - they might have access to more premium bikies?

  • brendanm on 27/08/2019 - 17:44
    -1

    How badly damaged are they? Gutter rash style on 1 or 2? You could have them fixed for well under $2k.

    In saying that, taking them to xcat would cost only the fee and you don't need a lawyer.

  • Zachary on 27/08/2019 - 20:35

    How can you damage the rims!? They'd have to have had driven the thing up a curb to get into the truck compartment or they intentionally scraped it with a sharp tool whacked it with a punch or something similar….

  • Dundundunnnn on 28/08/2019 - 04:32

    Ncat all the same. Simple filing fee. No legal representation allowed for either party.
    Generally you can argue to have it heard in your state and the member can make a ruling without them turning up if they ignore the letters.

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