Les Whitehead (inset) regrets buying the Sprinter from Sydney. Photo: Supplied.
A Wagga man says he has been left frustrated and $70,000 out of pocket after buying a Mercede-Benz Sprinter that broke down 90 minutes after he purchased it in Sydney two years ago.
Les Whitehead, a longtime supplier of dairy products in the Riverina, bought the chiller van from Pennant Hills Auto Traders, which is owned by the business Nuset Group Pty Ltd.
“We saw the vehicle advertised online and bought it sight unseen, based on the description. We went and picked it up and an hour and a half down the highway, it shot something out the side of the block,” Mr Whitehead said.
“It was a very unpleasant experience. It was 4 pm peak hour traffic. We didn’t have anywhere to pull over. We stopped on the verge and there were lots of cars going past … it took me eleven hours to get home. I had to arrange for a tow truck from Wagga to pick it up.”
The 62-year-old took the matter to the NSW Civil and Administrative Tribunal (NCAT), which ruled Nuset Group had breached the Australian Consumer Law (NSW) because the Mercedes Benz Sprinter did not comply with the relevant consumer guarantees. NCAT determined Mr Whitehead was entitled to a refund and Nuset Group was responsible for collecting the vehicle.
Nuset Group appealed this ruling, but this appeal was dismissed.
“We won the case, we won the appeal but Nuset Group still hasn’t given us any money. It cost $30,000 for the vehicle and I’ve spent $40,000 on court costs,” Mr Whitehead said.
“The vehicle is still at our old business site, which we sold. We don’t want it there and the new owners don’t want it there either, so it’s a bit of a nightmare.”
Nuset Group said in an email to Region the company acknowledges the tribunal’s orders.
“We have communicated our current financial position to Mr Whitehead’s legal representative and remain open to a resolution, including collection of the vehicle and discussing a practical approach to compliance,” the company said.
“We have acted in good faith throughout, including during the appeal process.”
Mr Whitehead said while Nuset Group requested a payment deal, he said the tribunal directive should stand.
He remains frustrated with the process.
“The court awarded us costs, which means Nuset Group is supposed to reimburse us for all our legal expenses. But for that to happen, we have to pay $4000 to have the costs assessed by the Supreme Court.
“We were just fortunate that we were an established business; if we were just starting out and the van was our first purchase, we would’ve gone broke.”
Mr Whitehead has now sold his business and is in the process of moving to Brisbane.
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