CLASS ACTION Update - thanks for your patience everyone. I have had a number of talks with Resolution Lawyers in Sydney where my Solicitor friend works - she is most willing to take on the case. However, even from my own litigation experience pre-babies - I know the true cost of fighting, we have tried to nutt out a cost effective way of proceeding BUT it is not going to be cheap. There are 3 or 4 different arms of action coming out too, so not likely to run as one case alone as you need like scenarios. In a nutshell, its most likely going to cost more than our losses to get a resolution SO - this is NOT legal advice, but some suggested ways of proceeding to minimise costs: a) Join the Choice email campaign to get a resolution so we can have a public interest case to put to the ACCC (which is most likely and easiest atm); b) Make sure you have a ACCC and Department of Fair Trading complaint filed at least (we know this is likely to be toothless tigers by DFT but tracks true extent of Vorwerks deception and collectively may step in by pressure) c) If paid by a Credit Card, see if you can lodge a dispute with the card, especially if you have asked for a refund and be fobbed off and certainly if you have a dodgy machine, as good cards/banks will stand in your shoes and fight for you without cost and stress to you; d) If you specificly ASKED about a new machine comping out then you do have a good case for misleading and deceptive representations - if no resolution from all of the above, Resolution can do a big letter of demand with a scott schedule with the relevant details (including what you HOPE to get as result) and if nothing achieved (and may not be likely) proceed with filing an action. This is NOT cheap and although I have said we have 200ish complainants this would be at least $165ea at this point and then filing an action is in excess of say $2,000 each (if drawn out can exceed $5k easily and although costs can be recovered if/when successful, they are not 100% costs so only bank on say 60-70% of costs you paid). OF course this also means you run the risk of having to pay THEIR costs if not successful but if misreps were clearly made its a good chance of success arguably. e) If not specificly asked then not as clear a case so you need to weigh up the options and ask Resolution for your own chance of success but make sure you do a) to c) 1st I would say f) If you have suffered injuries then please seek an opinion from a personal injuries lawyer, Resolution can refer you to someone or at least if you g) If you have concerns about BPA, and asked specifically then you may be able to allege misrep too, or if you HAD BPA free items then they were substituted for non BPA free items then you need to see nonBPA items as a term of your original contract/deal. h) However if you paid by instalments, you are still contractually obliged to finish those terms or risk debt recovery proceedings and credit repercussions ... only you can decide to stop payments now so go in with your eyes wide open knowing the risk could be court proceedings (then you can allege your misrep case as a possible defence) and if V is successful you will be up for legal costs too i) As to loss of resale of our machines .... mmmmmm ?? Ok the above is NOT legal advice, just reporting back from what I have been told and have found out. So please - dont be disheartened, join all the email campaign to the ACCC actions collectively as an easy step and then we can reevaluate in a weeks time?
Posted on: Thu, 16 Oct 2014 06:00:43 +0000
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