Responding to a claim

Although the applicant must prove its claim on the balance of probabilities, it is your responsibility to present your side of the story.

Before the hearing, you should collect and provide the following information to the MVDT:

  1. A clear written chronology of all relevant events from your perspective
  2. Your copy of the consumer information notice and the vehicle offer and sale agreement (if those documents have not been provided by the applicant or if the applicant’s copy is different)
  3. Any invoices for relevant costs you have incurred in relation to the vehicle and any quotes or estimates of costs relating to any relevant issues
  4. All import and compliance documents for the vehicle – particularly if the claim relates to defects with, or representations made about, a recently imported vehicle
  5. A copy of the pre-purchase warrant of fitness inspection sheet – if the claim relates to alleged warrant of fitness failures that arose shortly after purchase
  6. A copy of all diagnostic or technical evidence you rely upon in your defence
  7. A copy of the advertisement for the sale of the motor vehicle (if applicable)
  8. A copy of all relevant correspondence with the applicant
  9. Any other information requested by the MVDT.

 Collecting that information in advance will assist you in thoroughly preparing to respond to the claim. Providing that information to the MVDT in advance enables the Tribunal to have a clear understanding of your defence and assists the Tribunal in determining what the relevant issues at the hearing are likely to be. 

A Guide for Motor Vehicle Traders [PDF, 148 KB]

 
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