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Silvia eye cast over Sunbeam

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  • #16
    Re: Silvia eye cast over Sunbeam

    ...thats true Marky - I have been helping my secretary who is in her 2 year of law with her assignments and she gets bonus marks for each extra defendant she can rope in...in practice it used to be the case that you join the phone directory when in doubt, but more and more that can lead to fights between defendants and insurers and can prolong things. Having said that when in doubt as a general rule, join all those against whom you are likely to have an action, and drop some off later if you have to - but bear in mind the possible adverse cost consequences of doing so.

    Further, under the TPA, the power for that legislation derives from, amongst other things, the corporations power under the Fed Constitution - a lot of people think that it applies to all retailers, but it does not apply to good purchased in the shop (as opposed to purchased by post, from memory, where the TPA can again apply because of the postal powers under the Constitituion) from a retailer who is a business (eg partnership) carried on by individuals, as opposed to a corporation. Its a minefield out there!!!

    Cheers

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    • #17
      Re: Silvia eye cast over Sunbeam

      Thanks marky.
      Being in NSW I know Im in a better position than a QLDer.

      You do usually get results attacking the retailer.
      Eventually.

      I had a problem with a DOA DVD recorder from Deals Direct.
      Had to get Consumer Affairs involved.
      The manufacturer actually offered to replace it from day 1 but theres the principle of the thing and by then Id decided I wanted my money back.
      Because besides the physical damage there appeared to be tuning problems.
      DD sold me a damaged unit and tried to fob me off to the manufacturer which is not right in NSW.
      Anyway, they stuck to their refusal after Consumer Affairs had a go at thym and I was about to take the manufacturer up on their offer when DD suddenly changed their mind.

      I got my money back within a few weeks after going through some conoluted process of theirs where they issue me a credit after which I can request a cheque to clear my credit account. :

      Another incident was when my daughter had trouble returning a bedspread that had been falsly represented at Hardley Normal.
      The picture on the packet was deceiving but the sales person assured her it did look like the picture.
      Well when she got it home it didnt.
      Then the bastard salesman refused to take it back.

      I taught my daughter karate from the age of three.
      Shes a black belt and stands up for herself so when daddy has to get involved, look out!

      Well the arrogant so and so (I know arrogant and he was in my league) refused to back down even after all my legal threats etc.
      Seems the franchisee and department manager were on leave so he wasnt answerable to any one at the time.

      A few days later when there was someone with real authority to talk to I had another go and included a complaint about the smart @rse sales dude.

      So when we went back to get the refund, my daughter and I made sure that smarty pants saw us return the item and leave with the refund.

      Dont lose often.
      Hurts when I do though.

      Comment


      • #18
        Re: Silvia eye cast over Sunbeam

        Yeah...go the blues...If any more people flock out of there to here you wont have any retailers to get upset with!!

        Cheers

        Comment


        • #19
          Re: Silvia eye cast over Sunbeam

          T-God, whilst its true that you usually get results with the retailer you cant forget the manufactuer, particuarly when the manufacturer is a big and (relatively) honourably entity. I have had very happy outcomes contacting big entities directly (without dropping that I am a litigation lawyer) - and I am happy to sing their praises by naming them - Sunbeam, IBM, LG, and Land Rover (very high praise to the later for doing work out of warranty period for no charge at all).

          Cheers

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          • #20
            Re: Silvia eye cast over Sunbeam

            Originally posted by ozscott link=1169890476/15#15 date=1170070153
            Its a minefield out there!!!
            Your telling me!

            Originally posted by Thundergod link=1169890476/15#16 date=1170078242
            Another incident was when my daughter had trouble returning a bedspread that had been falsly represented at Hardley Normal.
            The picture on the packet was deceiving but the sales person assured her it did look like the picture.
            Well when she got it home it didnt.
            Then the bastard salesman refused to take it back.
            oh oh is that a s 52 TPA ozscott? (I think one of my lecturers referred to it as the most litigated section of legislation)

            Originally posted by ozscott link=1169890476/15#15 date=1170070153
            So when we went back to get the refund, my daughter and I made sure that smarty pants saw us return the item and leave with the refund.
            Gotta love doing that.

            Comment


            • #21
              Re: Silvia eye cast over Sunbeam

              Sorry about my prev post there... A quick slip of a button and wham... No taking that back.

              I must say that I have had nothing but help from Sunbeam themselves. They are aware of issues with there coffee machine items and they were helpful in getting it picked up, repaired & delivered.

              Pitty about the service time though, but they only have an external repair centre here in Perth.

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              • #22
                Re: Silvia eye cast over Sunbeam

                there are a plethora of cases on misleading and deceptive conduct...it conotes both an objective and subjective test...how far do we want this thread to go (I would love to start giving law lectures pro bono but I have already clocked up my CLE points this year!!).

                Cheers

                Comment


                • #23
                  Re: Silvia eye cast over Sunbeam

                  Originally posted by chris002200 link=1169890476/15#21 date=1170121992
                  Sorry about my prev post there... A quick slip of a button and wham... No taking that back.
                  Allow me...

                  Comment


                  • #24
                    Re: Silvia eye cast over Sunbeam

                    Thanks scoota...

                    I owe you one.

                    Comment


                    • #25
                      Re: Silvia eye cast over Sunbeam

                      Boy. What a legal minefield.

                      Didnt know a quick glance at a Sunbeam was so fraught with legalities. ;D

                      --Robusto

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                      • #26
                        Re: Silvia eye cast over Sunbeam

                        ...you opened a Pandoras Box Robusto!

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