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Thread ID: 76127 2007-01-22 00:32:00 Do I have a leg to stand on? george12 (7) PC World Chat
Post ID Timestamp Content User
518175 2007-01-22 06:20:00 I was wrong about The Fair Trading Act.

"But it's not all bad news. Auctioneers are covered by the Fair Trading Act. That means they can't say or do anything that misrepresents or misleads you about the goods on sale or the auction process."

www.consumer.org.nz

Now that's interesting. Does this give me my much-desired 'leg'? I would MUCH rather stay on good terms with the turners guys, and I might if Chris is in a good mood and/or takes pity on me, but if not, there's a limit and a $4-500 loss is above that limit.
george12 (7)
518176 2007-01-22 06:29:00 It's well worth a try, print off that page and show it to Chris to let him see you are serious, maybe it does give you a leg to stand on after all.

For them it's only a drop in the bucket maybe. They can always put them in next months auction again.
Terry Porritt (14)
518177 2007-01-22 07:08:00 In 1999, Christchurch Auctions auctioned off a range of lounge suites. Although the covering of the suites was a mixture of vinyl and leather, the auction house advertised them as leather, without mentioning the vinyl.

That was misleading. The Commerce Commission prosecuted, and Christchurch Auctions had to pay costs and fines of over $7000.

so yeah... :help:
Chrisn (9819)
518178 2007-01-22 07:48:00 Been reading this with interest as I used to do consumer work in my 9 years in the Citizens Advice Bureau . This was around the time the CGA was re written and implemented and I had a small amount of input as a CAB consumer law volunteer .

It has got to be 5-6 years since I left and someone may correct me if they know I am wrong .

From memory the CGA does not apply to you as you have intent to sell for profit which makes you a trader (large or small volume doesn't matter)

Therefore you would have to sort it out under the Fair Trading Act .

A bit like buying a computer and using it at home to run a small business . FTA as opposed to CGA .

Ken
kenj (9738)
518179 2007-01-22 12:26:00 Been reading this with interest as I used to do consumer work in my 9 years in the Citizens Advice Bureau . This was around the time the CGA was re written and implemented and I had a small amount of input as a CAB consumer law volunteer .

It has got to be 5-6 years since I left and someone may correct me if they know I am wrong .

From memory the CGA does not apply to you as you have intent to sell for profit which makes you a trader (large or small volume doesn't matter)

Therefore you would have to sort it out under the Fair Trading Act .

A bit like buying a computer and using it at home to run a small business . FTA as opposed to CGA .

Ken

I knew from the start that the CGA didn't apply, I'm not sure why, but I had heard that somewhere about it not applying to auctions . So you're right . I have hopes though for using the FTA as leverage if necessary . I think I'll get it sorted out, I just have to hope I get the money by 12pm tomorrow - I've got something else up my sleeve that will sort me out for the month profit wise .

Thanks for all your advice guys . Off to bed for me now .
george12 (7)
518180 2007-01-22 20:14:00 That man (Chris) is INFURIATING .

"Uhhhhhhh I'm busy with some clients today . . . . . "

"But I really need to . . "

*Click *

He HUNG UP on me!
george12 (7)
518181 2007-01-22 20:41:00 at the risk of it costing you a few dollars send them a lawyers letter - that'll get soem attention......... drcspy (146)
518182 2007-01-22 20:52:00 at the risk of it costing you a few dollars send them a lawyers letter - that'll get soem attention.........

Not a bad idea, but I urgently want the money by lunch time. If I get it by 12pm, I can make as much as I would have for the month, if not, I make nothing at all. He said to call in the afternoon. I guess that means he has the afternoon off and thus can properly AVOID my call....

So basically in terms of getting the money in time I think I'm screwed. I'll keep the lawyers letter in mind though if it comes to that.
george12 (7)
518183 2007-01-22 21:13:00 The other thing you can do is physically visit him at the office - he can't ignore you nearly so easily if you actually turn up in person, and you still have the (slim) chance that he may refund you on the spot just to make the whole mess go away. Take the PCs with you. Erayd (23)
518184 2007-01-23 00:43:00 Well, I drove out there, with the PCs, and had a chat.

He made it as clear as he could that (note: I'm not saying he CAN do this) he didn't have to do anything and that if I said something wrong he'd just tell me to go away....

He said he was prepared to offer me $40 each aka $320 on the spot. That would have been pretty useless really, but I managed to get him to agree to give me a refund of all of them. They will NOT be nice to me again. I think I used up all the sympathy I could possibly get from him for the next 10 years.

So now I have learned to be careful at auctions and all it cost me was several days of extreme stress and lots of petrol .........
george12 (7)
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