2011 Annual Report - The Commerce Commission

Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/09/07/BC-FTD/217Consumer Kvs. Company MOn 07-09-11, the Commission received a complaint from Consumer Kagainst Company M, regarding the repossession of his vehicle. Thecomplainant informed FCC that he had purchased the vehicle fromCompany M in August 2010 and was advised that any mechanical faults inthe first year of purchase would be repaired free of charge. In May 2011,the vehicle’s gear box experienced some problems and the complainantcontacted the respondent and informed them of his concerns. Therespondent informed the complainant that the gear box could not berepaired and he would have to purchase a new one. The complainantbought a new gear box for his vehicle and within a few days the vehiclestarted to experience the same problem. The vehicle was parked at thecomplainant’s premises from June 2011 to August 2011. On 23 August2011, the respondent towed the vehicle from the complainant’s premises asthe Company was not prepared to rectify the problem. FCC formally wroteto the respondent informing them of the issue and seeking a response. Aresponse was received informing FCC that the respondent had power underthe Bill of Sale Act to repossess/seize the vehicle upon the default ofpayments on any occasions and they could demand for the full sum owing.The respondent informed FCC that the complainant could seek furthernegotiations or a proposal to resolve the debt with them. FCC informed thecomplainant on the above and requested him to visit the office of therespondent, to have further negotiations and the case was closed.ConsumerProtection&UnfairPracticesSection 75 & 76Page94of236