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Old 07-28-2012, 12:24 AM   #307
Sutty
 
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Join Date: Jun 2012
Drives: Sonic Blue 86 GTS 6AT
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For those of you threatening with suing or going to consumer affairs etc etc, you are seriously wasting your time, I do have some experience with the court system.

For a start off to sue is going to cost you a lot of money to start with (a lot more than the wheel, tyre and mat are worth), I would guess that any lawyer looking at the value of this case is going to want a large down payment before even sending a threatening letter to Toyota. Toyota will have plenty of back room lawyers who would be able to swamp your lawyer with paperwork and make it financially unviable to get it to court.

You might be able to go down the 'small claims court' route but I again would hazard a guess that Toyota would have enough legal wrangling to either make you lodge a sum of money with the court equivalent to what their costs would be when/if you lose or equally would refuse to have it heard in the small claims court (due to the ramifications if they lost - i.e. having to supply every 86 with a spare wheel etc - therefore taking it out of the remit of the small claims system) and take it to a higher court and that would then mean you would need to hire a lawyer.

In regards to going to consumer affairs or your State equivalent - Toyota's argument that they are replacing the tyre with an equivalent piece of kit, that conforms to Australian Design Rules, will no doubt be sufficient that they will not be found against.

If you want to go to Today Tonight etc - think about the stories they normally run - i.e. battlers getting ripped off to the tune of tens of thousands of $$$$. Your story is about someone who can afford a $40,000 car and is not getting a wheel and tyre, is it newsworthy enough, I think not. It's not like your children are going to go hungry now or have to sleep in the car because of Toyota's actions.

Further your contract will no doubt have a clause in it about the retailer not being liable for changes to spec which is out of their control. Remember you entered into an agreement to purchase from a garage, not from Toyota.

Now before you all start hating on me for being on Toyota's side. I understand that there is a principal involved in that you signed for a car that came with a full size wheel etc but I was in the same boat as you - check page 2 of this thread. I was sufficiently unhappy about it that I got off my backside rang 4 dealers and found an 86 GTS AT that is being built at the moment that hadn't been sold or allocated.

That's right it took me 4 phone calls, cost to me $0 (VOIP). I now am getting a car at least 3 months earlier that my original order and I will have a full size spare.

Direct your anger in a positive way, there are GTS's out there that are still available you just have to be prepared to do a little work. Either that or get your deposit back and buy something else.

I would also like you refer you back to my post on P11 (which got no love!!!!)

I think everyone needs to calm down and listen to some sound advice from Jackie Moon

[ame="http://www.youtube.com/watch?v=2nXJe9i70DE&feature=player_embedded"]ELE -- Everybody love everybody -- Semi Pro - YouTube[/ame]

Everybody Love Everybody.
This isn't just a car it's a lifestyle.
Oh if you see a possum try to kill it ok, it's not a pet!

Last edited by Sutty; 07-28-2012 at 02:27 AM.
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