Office of Fair Trading Tribunal

Ok I thought would put all the info and happenings in a single point.
As somemight know I am off to court so to speak this coming week.Nissan has pretty much screwed the paint on my truck and even though I have sections with no paint at all they say they find no issues with the factory paint.

Due to limitations of distance etc the first bout will be this Thursday at 11:15 over the phone.
I received notification from the tribunal to send all my evidence and reports etc to both the Tribunal and Nissan by Friday the 14th.
All done , some 50 pics and 3 reports and a few emails for good luck .
So kiddies tis time to cross the fingers and start to hope the system actually works.
Will keep you posted. I suspect the phone linkup on Thur may be a non event but am hoping that someone sees reason and this can all be dealt with soon.

Hey Paul,

If you want to catch up for a smoke and a chat mate, let me know.

No worries Ill bring the bed cap rails and a full pack of smokes lol

good luck nice to see nissan havnt changed in the last 25 years

forgot to mention the 2 people at Nissan who were working on this case so to speak are on leave. I sent in all my pics and stuff and got return emails to say they were out of the office lol. They apparently contacted Fair trading to try to postpone the hearing which was knocked back by the Tribunal. And as for any evidence it had to be in by Friday. So far I have received nothing so things could get interesting

Aussie Frontier said:

No worries Ill bring the bed cap rails and a full pack of smokes lol

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I bought the 3M tape mate - I didn't want to mess with the fitment of the hard lid (which reminds me - I have to post some pics on the site of the one-piece hard lid)....

Aussie Frontier said:

forgot to mention the 2 people at Nissan who were working on this case so to speak are on leave. I sent in all my pics and stuff and got return emails to say they were out of the office lol. They apparently contacted Fair trading to try to postpone the hearing which was knocked back by the Tribunal. And as for any evidence it had to be in by Friday. So far I have received nothing so things could get interesting

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Oh my word....

So....no evidence presented to support their case? This is awesome!

Actually spoke too soon
I got to work to an email from Nissan this morning
Bad part is the Tribunal will not accept evidence via email so have to fax everything to them as far as docco but the pics I have to courier them however the lady at the tribunal said under the circumstances where both parties made the same eror they will take that into consideration.
Poor old fax machine didnt like a 35 page docco lol

hmmmm...comedy already.
You printed out an attached file and then stuffed it through a fax?
Don't they have a printer?
Showed your pics from the other thread to Old mate at work that was with Nissan for 9 years and says that lack of paint application was common on the D40 and unless it was plainly obvious on the lot then they would just sell them as is. If it was obvious they would have them re-sprayed or touched up. His comment was that even whole panels looked like the paint had been applied by the Better Homes and Gardens mob with a sponge!
I am confident you will get a good result and I can't understand why a company the size of Nissan hasn't backed down all for the cost of a proper paint job to save themselves the expense of dicking around with a tribunal plus the poor exposure..Updates when you can!

The deal is that the Tribunal cant accept information sent as email. Their own rulings are that they can only use printed matter given to them. Now what the difference is between printing an email and a fax has me stuffed but the nice ladies at the Tribunal do understand but rules is rules.Something to do with staying totally impartial .
One of the bits of docco shows that both PPG and Nissan inspected the right side gutter rail and said the paint was now repaired to standard.
they must have used water soluble paint lol cos their aint no paint there now and it looks remarkably like it was when I first spotted it.
In a nutshell everyone is bending and scraping to the almighty dollars supplied by Nissan.
Oh my buck stops here lol
I dont honestly think I would take it this far

well I received a package today from Nissan with all the same stuff I already have that they want to use as evidence.
Tomorrow is the big day

Good luck with it mate, hope you get a win.

Ok today was day 1 of proceedings. phone conciliation between myself Nissan and a member from the tribunal. In short Nissan offered to pay me $9000 . I basically said that it will cost more than that to repair the damage they have already done. Back and forth it went and then Nissan said the one thing I really laughed at litereally. They actually questioned how I maintain the exterior of the truck. I responded with I defy you to find a truck in better condition.
Anyway its off to the tribunal hearing in Sydney next month.

However I did send them the following statement this afternoon .

After this mornings telephone conversation I am willing the accept the following to resolve the situation concerning the paint work on my Nissan Navara D40 YET 21K

Nissan Australia to pay the full amount to have all painted surfaces on the vehicle repainted ( at Hume Body Works Canberra ) with all door seals and rubbers replaced so the vehicle will once again be of all one colour and surface texture.Door seals and rubbers are often damaged upon removal.

Nissan Australia to pay to have the tailgate and dressing repaired or replaced to factory standard fit and finish

Nissan Australia to recredit the factory warranty for the amount of time the vehicle has been with Nissan being repaired. This time to commence when the proposed repairs are completed

Nissan Australia to honor the Extended Warranty offered by Valerie Davis ,former Nissan Australia Customer Care Manager. Commencement date will be when the standard warranty period expires.

Nissan Australia to supply a "Loaner" vehicle of similar standard to a Navara D40 ( Navara D40 or Pathfinder R51 ) for the term of the proposed repairs

or

Nissan Australia to replace the vehicle with a new Nissan Navara ST-X D40 V6

will wait to see how that goes

more news as it happens

Good Luck!

+1 boss hog

I'm not sure, but I think $9,000 could get my grandson a lot of crayons. Bring it around next weekend!

(seriously now) I think that wasn't a bad start. Nissan showed that they'd play ball, and they'll never open negotiations with the full bid anyway. It'd be nice if they supplied you with the loaner as specified but I wouldn't hold your breath!

Good luck with it, at least the ball is now in play.

I think its a pretty good start also, just remember the tribunal isn't gonna just see your view, they'll just go in between to please both. i really can't see them swapping the car or paying 21K, i expect the standard they have to provide by law or even whats expected is very different from what is say expected from a quality hand sprayed car by a skilled sprayer. good luck though, i'd hate to piss you off

bring on the new v6.

good luck fella.

woznme said:

i really can't see them swapping the car or paying 21K

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Isn't 21K part of the number plate?

oh silly me ... I was thinking that was a pretty fancy paint job