GUIDE TO MAKING A CLAIM AGAINST THE MOTOR DEALERS AND REPAIRERS COMPENSATION FUND UNDER SECTION 169 OF THE MOTOR DEALERS AND REPAIRERS ACT 2013

Transcription

1 GUIDE TO MAKING A CLAIM AGAINST THE MOTOR DEALERS AND REPAIRERS COMPENSATION FUND UNDER SECTION 169 OF THE MOTOR DEALERS AND REPAIRERS ACT 2013 A claim against the Motor Dealers and Repairers Compensation Fund (the Compensation Fund) may be made by a person (the Claimant) if the claim involves a loss incurred in connection with a motor vehicle due to any of the following: (a) the failure of a motor dealer to comply with a requirement of the Motor Dealers and Repairers Act 2013 (the Act) or the Motor Dealers and Repairers Regulation 2014 (the Regulation) for example, a dealer must repair certain defects set out in the Act; or (b) the failure of a motor dealer to account for money or other valuable property entrusted to the dealer (or their employee) in the course of them carrying on their business; or (c) a motor dealer not passing an unencumbered title to a vehicle; or (d) a motor dealer failing to repay or return any money or thing applied by way of deposit on, or part-payment, of the price of a vehicle; or (e) the repair work was not competently done. A loss incurred while acting in capacity of a motor dealer, motor vehicle repairer, financier or motor vehicle recycler cannot make a claim on the Compensation Fund. The Commissioner for Fair Trading maintains the Compensation Fund. How long do I have to make a claim? A claim against the Compensation Fund must be made within 12 months after the loss is incurred or the claimant becomes aware of the loss. If NSW Fair Trading receives a claim from a person outside of the applicable period, the person will be advised that the claim cannot be made. What do I need to do before making a claim? A person must take all reasonable steps to exercise legal remedies and other rights of action available in respect of the loss incurred before making a claim against the Compensation Fund. Depending on the circumstances, reasonable steps may include taking action in a Court or Tribunal, enforcing a judgment given by a Court or Tribunal. How do I make a claim? A claim against the Fund must be in writing and verified by statutory declaration. A person may make a claim against the Fund by completing the Claim Form provided by NSW Fair Trading ("the Claim Form"). Numbers 1, 2, and 5 of the Claim Form contain alternative statements or parts of statements which begin with an asterisk. The statement or part which does not apply must be crossed out. A completed Claim Form may be posted to: NSW Fair Trading (Attention: Compensation Funds Unit) PO Box 972 PARRAMATTA NSW 2124.

2 How much can I claim? A person may make a claim for the amount of loss incurred to a maximum amount of $40,000. What can t I claim? If your loss relates to any of the following vehicles, you cannot claim your loss: a crane, hoist or conveyer, an excavator, road grader, road roller, bulldozer or forklift or other machinery (other than a tractor) not constructed on a normal motor lorry chassis, a motor vehicle that is constructed or adapted for road construction or maintenance (including cleaning, sweeping or watering roads), a motor vehicle incapable of being registered in NSW, a motor vehicle that has been modified solely for use in motor racing or off-road motor sport, a motor vehicle (other than a motor cycle) more than 35 years old, a motor cycle more than 10 years old, a motor vehicle not substantially used for private purpose, in making the claim (including receiving legal advice), a motor vehicle that is a vehicle to which the dealer guarantee does not apply. What evidence should I provide to support my claim? A claim against the Fund must be supported by evidence. Depending on the circumstances, the following documents may be evidence that supports a claim: (a) documents which relate to the purchase or consignment of a motor vehicle, including any sales contracts, consignment agreements, prescribed notices, receipts, invoices, registration documents which may include traded vehicle, financial contracts for encumbered vehicles or proof of payment which may include bank statements, (b) documents which relate to the repairs that need to be conducted under warranty or payment for repair work that was done, including any quotes for repairs, description of faults, invoices or receipts provided by the repairer, (c) documents which relate to any rectification work that has been or is proposed to be done by another repairer, including the types of documents to which (a) and (b) refer, (d) documents which relate to the repair work that was done, including a contract with the repairer and a quotation, estimate or invoice provided by the repairer, (e) documents which show that the repair work was not competently done, including a report in respect of the repair work prepared by another repairer and photos of the repair work, (f) documents which relate to the payment for the repair work that was done, including a receipt provided by the repairer and a bank statement which shows the making of a payment to the repairer for the repair work. For further information on the Motor Dealers and Repairers Compensation Fund, please see the NSW Fair Trading website at

3 CLAIM AGAINST THE MOTOR DEALERS AND REPAIRERS COMPENSATION FUND Claimant s Full Name (or Company Name and ACN) Claimant s Address (for correspondence) CLAIMANT S DETAILS Claimant s Contact Details (by telephone) Home: Work: Mobile: Claimant s Address Full Name (or Company Name and ACN) Business Address MOTOR DEALER / MOTOR VEHICLE REPAIRER DETAILS Contact Details Telephone No.: Address: Licence No. (if known) STATUTORY DECLARATION Oaths Act 1900 I,. (Insert the full name of the person making this declaration.) of (Insert the address of the person making this declaration.) do solemnly and sincerely declare that: 1. *I am the Claimant; or *I am authorised to make this claim on behalf of the Claimant. (* Please cross out the text above that does NOT apply.)

4 2. The Claimant has incurred a loss in connection with the circumstances outlined below: (a) *Sale / consignment of a motor vehicle to a licensed motor dealer, or (b) *Purchase of a motor vehicle from a licensed motor dealer, or (c) *Repair of a motor vehicle by a licensed motor vehicle repairer. (* Please cross out whichever does NOT apply) 3. This claim is in relation to the vehicle described below: (If the claim relates to more than one vehicle you are required to lodge a claim for each vehicle) Make Model Year of manufacture Registration number Vehicle identification number (VIN) Name of owner of vehicle Date vehicle was purchased Description of the Motor Vehicle 4. Is the vehicle is under finance? YES / NO If yes, please provide details of the finance company? 5. *The Claimant was NOT a motor dealer, motor vehicle repairer, financier or motor vehicle recyclerat the time of purchasing the vehicle described, or *The Claimant was a motor dealer, motor vehicle repairer, financier or motor vehicle recycler at the time of purchasing the vehicle described. (* Please cross out whichever does NOT apply)

5 6. The Claimant believes it has incurred a loss because: (Please provide description of loss attach additional pages if there is insufficient space below.) 7. Further details of the Claimant s loss: (Please provide as much information as possible attach additional pages if there is insufficient space below.) (a) Date of the loss was incurred (b) Date of awareness of the loss (c) Amount of the loss 8. The Claimant has taken the steps described below to exercise such legal remedies and other rights or action as are available in respect of the loss the Claimant has suffered: (Please provide as much information as possible attach additional pages if there is insufficient space below.)

6 9. The Claimant provides the following additional information/documents in support of the claim: (Please provide any additional relevant information or copies of all relevant documents to assist in the consideration and determination of the claim attach additional pages if there is insufficient space below.) 10. The Claimant authorises NSW Fair Trading to undertake any enquiries and carry out any searches to consider and determine the claim. 11. The Claimant consents to the use and disclosure of any information provided in or attached to this declaration for the purposes of determining the claim or the enforcement of any rights or remedies to which the Secretary is subrogated. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act Declared at: on [place] [date] in the presence of: Signature of authorised witness Signature of declarant Name of authorised witness Qualification of authorised witness [Justice of the Peace, Australian legal practitioner]

7 Certificate under section 34(1)(c) of the Oaths Act 1900 I, a, [name of authorised witness] [qualification of authorised witness] certify the following matters concerning the making of this statutory declaration by the person who made it: [* please cross out any text below that does not apply] 1. *I saw the face of the person OR *I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering, and 2. *I have known the person for at least 12 months OR *I have confirmed the person s identity using an identification document and the document I relied on was:. (describe identification document relied on) Signature of authorised witness Date