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Motor Car Traders Guarantee Fund Guide

VIEWS: 18 PAGES: 5

									Motor Car Traders Claims Committee

Tel: 1300 13 54 52

NRS 133 677

Website: http://www.consumer.vic.gov.au/

Email: mctcc@justice.vic.gov.au

Motor Car Traders Claims Committee GPO Box 322B Melbourne 3001 Victorian Consumer & Business Centre 113 Exhibition Street, Melbourne Monday to Friday 8.30am-5.00pm (closed on public holidays) Tel 1300 13 54 52 Fax (03) 8684 0600 Email: mctcc@justice.vic.gov.au Internet: www.consumer.vic.gov.au

Motor Car Traders Guarantee Fund
Motor Car Traders Act 1986

About this Guide
The Guide contains general information on:  The Motor Car Traders Guarantee Fund (the Fund).  The Motor Car Traders Claims Committee (the Committee).  Making a claim to the Fund.  Information for motor car traders. This document is a guide only. The Motor Car Traders Act 1986 (the Act) establishes the Committee, sets out the circumstances in which a claim to the Fund can be made and the statutory powers and processes of the Committee. The Act is available:  For Download - http://www.legislation.vic.gov.au (select ‘Victorian Law Today’).  For purchase - Information Victoria, 505 Little Collins Street, Melbourne 3000 (telephone 1300 36 63 56) http://www.information.vic.gov.au Further general information about your rights when dealing with a Motor Car Trader is available from Consumer Affairs Victoria’s website at www.consumer.vic.gov.au

Complaints about Motor Car Traders
The Committee does not have the power to investigate complaints about motor car traders, conciliate disputes between consumers and motor car traders or take enforcement action against motor car traders. Complaints about the conduct of a motor car trader can be made to: Consumer Affairs Victoria 113 Exhibition Street, Melbourne 3000 Telephone: 1300 55 81 81 www.consumer.vic.gov.au

The Fund
The Fund is made up of money received from fees for licensing motor car traders and penalties paid for breaches of the Act. If you incur a loss from dealing with a licensed motor car trader (or somebody you reasonably believed to be a licensed motor car trader), you may be eligible to be paid compensation from the Fund.

The Committee
The Committee is established under the Act and is responsible for considering and determining claims for compensation from the Fund. The Committee is made up of:  a legally qualified chairperson  members with motor car trading experience  members who represent the interests of consumers

How much can you claim?
The maximum amount payable from the Fund is $40,000.

How much does it cost to make a claim?
There is no fee to make a claim.

Who can make a claim?
Any person (except a motor car trader, a motor car manufacturer, finance broker or public statutory authority) can make a claim for compensation from the Fund. If you are a financier, you can only make a claim for compensation in the circumstances set out in section 76(2) of the Act.

What claims are covered by the Fund?
Section 76 of the Act lists the types of claims covered by the Fund. Claims can be made on transactions involving motor cars, motor bikes and commercial vehicles. The Committee can only pay a claim if a motor car trader:  does not comply with the provisions of the Act that ban consignment selling, odometer tampering, or selling a trade-in car before your cooling-off period is finished;  does not comply with the warranty provisions of the Act (this applies to motor cars but not to motorbikes or commercial vehicles);  does not transfer a good title to a motor car;  does not pay the purchase price to you if you have sold a motor car to the motor car trader, or pay the whole or part of the purchase price to another person on your behalf, such as a finance company;  does not pass on transfer or registration fees to the Roads Corporation (VicRoads) or stamp duty;  does not provide a Certificate of Roadworthiness or other documents for the motor car to be registered;  does not pass on money paid as a premium or purchase price for an insurance policy or warranty;  does not satisfy an order made by a court or the Victorian Civil and Administrative Tribunal (VCAT) relating to trading in motor cars;  does not refund a deposit;  does not deliver the motor car after payment of the purchase price. If you have an enquiry in relation to making a claim please contact the Secretary to the Motor Car Traders Claims Committee on 1300 135 452 or by email at mctcc@justice.vic.gov.au

What claims are not covered by the Fund?
The Fund does not cover all complaints against motor car traders. For example, the Committee cannot pay a claim if the motor car trader tells you something about the condition of a motor car which later turns out to be untrue. Although you cannot make a claim unless your circumstances come within the types of claims covered by section 76 of the Act, you may still be able to recover any loss you have incurred directly from the motor car trader at court or at VCAT. Consumer Affairs Victoria may also be able to help you in resolving your dispute with the motor car trader. You can contact Consumer Affairs Victoria on 1300 55 81 81.

How to make a Claim
If you have been unable to resolve your complaint with the motor car trader and are eligible to make a claim, complete the Application for Claim Against the Motor Car Traders Guarantee Fund form. The Committee does not conduct claim hearings where you can come and present your case in person. All information must be provided in writing so it is important you give as much information as possible about your claim when filling out the application form. You should:  give a full description of events that led up to your claim, your dealings with the motor car trader and what attempts you have made to resolve the matter with the motor car trader; and  attach copies of all documents that relate to your claim. Depending on your claim, these may include: o contract of sale; o invoices; o finance agreement; o receipts and cheques (or cheque butts); o independent mechanical reports; o quotes and invoices relating to repair work; o Certificate of Roadworthiness; o correspondence between you and the motor car trader, or to you from finance companies or VicRoads; o a warrant authorising the seizure by police of a motor car suspected of being stolen; o any other relevant documents. If you do not have a relevant document, you should tell the Committee and explain the reason why you do not have it. You should retain a copy of each document provided to the Committee for your records.

What happens when a claim is made?
  You will be sent a letter which acknowledges receipt of your claim. A copy of your claim and supporting documents will be sent to the licensed motor car trader. The licensed motor car trader will be asked to: o provide a written account of the dealings that have led to, and attempts to resolve, the claim o provide copies of all relevant documents o provide information they want the Committee to take into account when determining the claim, and o respond to the Committee by a certain date and time.

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The Committee may need to make further inquiries or seek further information from: o you o the motor car trader o other persons or agencies, such as the Victoria Police, VicRoads, finance companies. After all information has been received and necessary inquiries have been made, the Committee will consider the claim. The Committee meets once a month. At the meeting, the Committee will either decide: o to pay the claim or part of the claim; or o defer the claim for further consideration, to allow for further inquiries to be made; or o to refuse to pay the claim. When the Committee has made its decision, it will notify both you and the motor car trader of its decision in writing. If a claim is paid, the Committee will authorise payment from the Fund and send you a cheque.

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Appeal rights
Both you and the motor car trader have the right to appeal against a decision made by the Committee. Appeals can be made to the Victorian Civil and Administrative Tribunal (VCAT) and must be lodged within 28 days of the Committee's decision. For further information contact VCAT on 9628 9755 or www.vcat.vic.gov.au

False information
In accordance with section 84A of the Act, a person who provides false or misleading information to the Committee in relation to a Motor Car Traders Guarantee Fund claim is liable to a fine of $5,000.

Contact information
Motor Car Traders Claims Committee 113 Exhibition Street, Melbourne 3000 Office hours 8.30am-5.00pm Monday to Friday GPO Box 322B, Melbourne 3001 Telephone 1300 13 54 52 Email: mctcc@justice.vic.gov.au

Privacy
The Committee is committed to responsible and fair handling of personal information, consistent with the Information Privacy Principles set out in the Information Privacy Act 2000. These Principles cover the collection, use and disclosure of personal information. To enable it to carry out its function of determining claims, the Committee will provide a copy of a claim to the motor car trader against whom the claim is made to give them an opportunity to respond. Information provided to the Committee by the motor car trader in answer to the claim may be given to the person making the claim. The Committee may also need to disclose personal information to other State or Commonwealth agencies, or other persons who have a relevant involvement in the transaction leading to the claim. The Committee's Privacy Policy is available at www.consumer.vic.gov.au or by contacting the Secretary on 1300 13 54 52.

Information for motor car traders
If a claim is allowed, the licence of the motor car trader involved is automatically suspended 30 days after, unless the trader applies to the Business Licensing Authority for permission to prevent the suspension taking effect. Permission may be granted if the Business Licensing Authority is satisfied that:  the motor car trader has refunded, or has agreed to refund, all amounts paid out of the Fund in respect of the claim; and  it is not reasonable to expect that the trader will not comply with the Act and Regulations in the future; and  granting permission would not be contrary to the public interest. If a claim is admitted against a motor car trader, the trader will not be able to work for another motor car trader, or be a director of another motor car trader company without permission from the Business Licensing Authority. The Business Licensing Authority also has the power to suspend the individual licence of any director or partner of a company or partnership against whom a claim has been admitted, as well as the licence of the company or partnership itself, and the licence of any other company or partnership in which the individual has an interest or involvement in the management of. The permission of the Business Licensing Authority is required to prevent the suspension of their licence. Further information about making a permission application can be obtained from the Business Licensing Authority website www.bla.vic.gov.au or by contacting the Business Licensing Authority on 1300 13 54 52. The Act also enables the Committee to take action against a motor car trader to recover amounts paid out of the Fund. If the motor car trader is a company, recovery action can be taken against the directors of the company.

Register of motor car traders
In accordance with section 22 of the Motor Car Traders Act 1986, the Business Licensing Authority must maintain a Register of Motor Car Traders, which will include any details of claims admitted against the Fund. In the event that a claim is admitted against a trader, the Claims Committee will notify the Business Licensing Authority of details of the claim and this will be recorded on the public Register of Motor Car Traders. If an application for suppression is made to the Business Licensing Authority under exceptional circumstances public access to a trader’s personal information may be restricted. This register is available for viewing on-line by the general public. For the complete listing of the type of information recorded in the register and access to the Motor Car Traders online Register, go to the Business Licensing Authority's website at www.bla.vic.gov.au. Please also note that Consumer Affairs Victoria may publish the admission of the claim against a trader in its next annual report, which is tabled in Parliament and available to the public.
MCTGF 3 (19/11/2009)


								
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